The maximum compensatory award for normal unfair dismissal will rise from £68,400 to £72,300 in February 2012.

Whilst this may seem excessive, such awards are rare.  Last year the average award for unfair dismissal year was just under £9000.  This is still a lot of money - especially for small businesses - so it's best to avoid such claims through adopting and following clear policies and procedures.

If you need any help with this, please give us a call.  Always happy to talk.

If you're one of the lucky companies that's hosting a Christmas party this year, take a little time now to plan transport home for your staff.

As an employer you have a duty of care to your employees, and you are responsible for ensuring that they get home safely from your company event. So:

1. Book taxis (licenced cabs) well in advance of the event.
2. Ensure that none of your employees plans to drive whilst under the influence of alcohol
3. Make sure your staff realise that whilst they are of course allowed to let their hair down, they shouldn't take that too far.
4. Be sure that someone responsible is in the background, watching over everyone in the nicest possible way.

And, of course, enjoy your party!

Barbara

 

Last week we exhibited for the first time ever.  We were offered a last minute discounted slot and decided to bite the bullet. The event was the Business Showcase at The Bellhouse Hotel in Beaconsfield who have a really nice team - very accommodating - no pun intended! 

 

With only 6 days to prepare, we had a challenge on our hands but we had an enormous amount of support from Mani at ComputerPoint in Reading.  Mani’s a great guy and his company, ComputerPoint, offers a fantastic repair service for anything IT: PCs, iPhones, printers, laptops, playstations, virus removal, data restore, etc – great service so check them out www.computerpoint.co.uk.

 

Thames Print Room in Reading (www.print-room.co.uk) also provided a great service at very short notice, and Ed Gooding at Stoke Ripley produced our banner at short notice too (www.StokeRipley.com).  There are some great businesses out there.  Thanks to everyone who supported us before and on the day.  Much appreciated.

 

The expo went well. There were lots of lovely people and interesting businesses; we made some great contacts and I thoroughly enjoyed myself, although it was a long day and my feet protested to the extent that I had to duck out of my tennis session later in the week :-(

 

During the event we ran a “Test your HR Knowledge” quiz.  The results were abysmal and reinforce what we already knew - that there is a huge knowledge deficiency around the subject of employee rights and employer obligations.  Great news for us though, as we intend to fill the gap...

 

Watch this space!

 

Barbara

 

If you're running a small business and struggling to cope, it may be time to think about outsourcing some of your "to-do" list:

Here are just 7 good reasons why you should outsource to a Virtual Assistant (VA or Virtual PA):

1. It saves time. A good Virtual Assistant will ideally have extensive skills and experience gained across a broad range of industries.  They will hit the ground running and will often do the work in a fraction of the time that it would take you. They’ll probably do a better job too!
   
   
2. You pay a fixed hourly rate for the time it takes to do the job. Simple.
   
   
3. You save on overhead costs, space, equipment, supplies, etc.
   
   
4. A VA is responsible for their own tax and NI. You won’t incur any costs for recruitment, training, NI, Sick Pay, Holiday Pay, pension contributions, smoke breaks, downtime, etc. 
   
   
5. You won’t get bogged down in employment legislation. Note that since 1st October 2011 the new Agency Workers Regulations entitle temporary staff to staff benefits – some accruing from day one and others after 12 weeks’ service. Even more reason to outsource to a VA!
   
   
6. A Virtual Assistant offers flexibility. They work when it suits you, fitting in with the demands of your business, working on a single project, covering for absent employees or supporting you on an ongoing basis.
   
   
7. Lucky Number 7. This is the BIG one... Using a Virtual Assistant will free up your time and allow you to focus on your clients and to generate more business income. How good does that sound?
   

So if your typical day seems like a never-ending juggling act, give us a call.  We'd love to hear from you.

 

If you employ temporary workers, you will need to be aware of the new Agency Workers Regulations that have recently come into force.

Temps are now entitled to have access to the same facilities as your staff from Day One (subject to your normal company rules), and to equal pay, holidays, bonuses, etc after 12 weeks. If they have worked for you on more than one occasion. even if it was through different agencies, their assignments may be added together for the purposes of assessing their rights.

Agency workers are also entitled to be informed about current vacancies within your organisation.

Call us for clarification.

Keep it legal. Get it right.

New NMW comes into force on 1st October 2011

21+ yo: £6.08ph

18-20: £4.98 ph

16-17:£3.68 ph

Apprentices under 19, or 19 or over and in the first year of their apprenticeship:£2.60ph

 

Full details on government website:

http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_10027201

 

This includes details of who is/is not entitled to NMW and covers internships and work experience.

 

It is illegal to pay below NMW, so remember to adjust your contracts of employments and to advise your payroll staff.

 

 

Whatever the rights and wrongs in the case of Sharon Shoesmith and Baby P, it is clear that correct disciplinary procedure wasn't followed and that Sharon Shoesmith should have had an opportunity to put her case to her employer in formal disciplinary proceedings.

Regardless of whether or not she messed up, Ed Balls did the wrong thing when he intervened and ordered her dismissal - without a fair hearing.

Employment law applies to all employers and employees and it is irresponsible and foolish to try and circumvent due and proper procedure.

If disciplinary procedure had followed its proper course, Sharon Shoesmith would likely have walked away with her tail between her legs, and not with the handsome payout that she will more than likely be awarded.

Having just got to grips with parental policies - in fact I've just produced a set of parental policies for a client of mine - the Government has issued a further consultation document seeking to change the rules, yet again.  More confusion for employers to unravel.

Click here to read more about the proposed changes...

 

According to a survey of 4064 jobseekers in 2010 by Home Learning College and Reed.co.uk, around one-third of job applicants were finding that a lack of qualifications was holding them back.  

Around 50% were resorting to further training to update their skills with ambitious job seekers finding that targeted vocational training added value to their CVs.

Higher education does not guarantee success, and the survey found that 1/5th of graduates believed that their degree had not increased their employability.

Around half of those who took part in the survey were unemployed.

Another recent research project (CEBR) identified that 20% of new graduates are unemployed.

52% of all   graduates were either unemployed or in non-graduate jobs.

Applicants with Vocational Level 4 skills, had equal prospects to graduates.

So the clear message is, decide what vocational skills you are lacking and then acquire them.

 

I recently read a book by Michael Heppell entitled 5 Star Service.  I've met many people who would do themselves a big favour if they read it too.  It's slightly gushy, but the message is strong...

GO THE EXTRA MILE!

Don't just deliver what you said you would deliver; exceed expectations. Create the WOW factor.

If you're working on something else, out and about, or browsing the internet and you see something that you think may be of interest to one of your clients (a product, an interesting website or resource, or perhaps a useful business contact), then tell them about it; better still, send them a link or make an introduction.

OK, it's on your own time and you won't get paid for it, but I promise you that it feels really good to do favours - not just for your clients but for anyone, even a stranger in the street - and it can often create a lot of goodwill. 

You can't buy goodwill, but you can definitely create it, and get a great deal of pleasure along the way.

Stand out!  WOW them!  Be Brilliant!

A CIPD survey has just found that around 70% of employers are expecting increased levels of industrial action in the next year, with 1/3rd predicting strike action by their staff.

Although this is far more likely to affect the unionised public sector, and with private sector findings being significantly less gloomy, it’s nevertheless a worrying finding.

Statistics aside, the bottom line is that staff are generally not happy.  Employers need to do all they can to improve employee relations - starting with good communication.  Support your staff and remember to be appreciative too.

Start today!  Take a walk around your workplace.  Take an interest in the jobs that your employees are doing. Recognise them for their achievements and commend them for their efforts.  Two simple words - “thank you” - go a very long way.

With so many feeling challenged – businesses and individuals alike - let’s try to turn this around.

Be positive, appreciate what we have, go the extra mile, put a smile on our faces and pull together as a team. 

I was saddened, although not surprised, to see the predicament faced by four 50+ unemployed, in the BBC's Panorama programme on Monday, 4th April 2011.

The government (whichever party) can legislate all it likes on ageism, but it really won't change a thing... it will just make employers more cautious in their recruitment processes in order to be able to prove that their selection processes were objective and fair.

The programme did, however, reinforce what some of us already know - that applicants of all ages need to   continually develop and update their skills if they are to have any chance at all of securing suitable employment.   Transferable skills are highly prized and volunteering work or committee/local community participation is all valuable experience and should not be underestimated.

From my own experience, I know that older employees have a great deal to offer, but they need to get their foot in the door first.

The job market is highly competitive and selective these days and all job applicants need to be versatile and quick off the mark.  

Start by taking a serious look at your CV to see where your skills gaps lie in relation to today's job opportunities.   Call us if you need   help with this.

The National Office of Statistics has announced that the gap between the number of working women with children and the number of working women without a dependent child, has narrowed from 5.8% in 2006 to to 0.8% in the 4th quarter 2010.  

I distinctly recall how difficult it was to juggle priorities between sleepless nights, nursery and school runs, childhood illnesses and work, so well done mums!

Having said that, there are several influential factors at play here: women having children later, the effects of an ageing population, the effect that the depression in the job market has had on women without children, and various other elements.   Click this link to see the full report, together with comparative charts and graphs.  

http://www.statistics.gov.uk/cci/nugget.asp?id=2124

Interesting reading.

The new rules on paternity leave come into play this week, effectively allowing parents to share up to one year's leave between them, potentially each taking six months off work.

Fathers taking advantage of these new rules will receive statutory paternity pay of £128.73 per week for the first 3 months with the balance being taken on an unpaid basis.

Whilst this will undoubtedly be good news in families where the mother is the higher-earner, it will be interesting to see how many new fathers actually take full advantage of this new entitlement.

The new paternity rules also apply in the case of adoption.

 

According to The Tribunals Service’s Annual Report for 2009/10, Employment Tribunal claims rose by 56% in 2010.   The top five claims were:

 

95,200   Working Hours

75,500   Unauthorised Deduction of Wages

57,400   Unfair Dismissal

42,400   Breach of Contract

37,400   Equal Pay

 

To avoid becoming one of these statistics, it is imperative that employers put legally compliant policies in place – and then follow them!  

 

Contrary to popular belief, employers do have rights... they just need to exercise them correctly.

 

Under the Employers Charter recently published by the government employers have the right:

 

• to make redundancies or ask employees to take a pay cut if there is a downturn in business
• to dismiss an employee for poor performance
• to ask employees to take holidays at a time to suit the business
• to reject a request for flexible working if there are sound business reasons for doing so

 

The bottom line is that employers must act fairly and reasonably but it’s always easier to do this if you have sound policies and procedures in place.

 

If you want advice or support with your HR, give us a call on

0118 988 7628

or email us at: HR@TheBackOffice.co.uk

 

Keep it legal; get it right!

 

Read the Employers Charter here:

 

 

If you are planning to recruit into any role, do take time to write the job description and person specification first.

ONLY when these documents are finalised should you start the recruitment process, although, technically, the job description and person specification are part of the recruitment process.

If you don't have a matrix against which you will assess candidates, then there is no scientific or objective means of measuring candidates' suitability for the post.   This leaves significant room for error.

Furthermore, keep copies of the matrix and notes of the candidates' performance at interview, for at least one year, so that you can demonstrate fairness in your recruitment processes.

Although records of interviews are confidential, unsuccessful candidates are entitled to ask to see any notes regarding their interview and assessment.

Plan, compare and be fair...

We read daily reports about job losses, particularly in the public sector, cutbacks in training budgets, increases in university fees and the rise in youth unemployment.   Perhaps some of this can be attributed to scaremongering by the media, but there's no doubt that there's a strong element of truth too.

What worries me most is the skills set (or lack of skills) in those who are losing jobs that they have been doing for many years, particularly some of the older employees who often find it more difficult to cope with the onslaught of new technology and software applications.   How on earth will they fare in this tough new marketplace?   Add "ageism" into the equation, and they really do have a problem.

If they are to stand any chance at all, they must constantly update their skills, whether it be through attending classes, taking online training courses or reading good quality personal development publications - or, ideally, a combination of all three.  

The job market is undoubtedly difficult and is hardly recognisable from, say, 10 years ago.   CVs are often uploaded to online job sites or by email to recruitment agencies, where they are analysed by computer software that has no interest in the person or their experience - only in the key words.  

So, to have any chance at all:

• acquire new skills or update existing ones,
  
  
• ensure that you can 'tick a few more boxes',
  
  
• update your CV to better match the job market, and
  
  
• get some interview skills coaching if confidence or presentation is an issue.
  

 

 

It's always on my list of things to do, but it never seems to get priority.

We've got quite a bit of work on at the moment, which is great, but I still ought to try to find a little time now and then to contribute something to my online community.

Currently we are working for a London-based firm, tidying up existing staff contracts and producing new policies and procedures to create a staff handbook.  We're also helping a local partnership put together their documentation in relation for a bid to buy a business.  Great stuff.

Oh, and we had a great win last week for one of our clients.  They were struggling to get paid by a former customer and we've helped them with extensive correspondence and meetings over the past few months.  They finally agreed settlement last week and we feel really chuffed with the outcome. It will make a huge difference to our client - it was bogging them down and having a considerable impact on their cashflow.  So this was a great outcome, achieved without the need to go to court.

We've got other projects in the pipeline, and we've got off to a great start for 2011, but we're always happy to take on more.  So if you need help producing legally compliant HR policies and documentation, business plans or reports, CVs or general secretarial support, do call us.  We're really great at this stuff and we love getting our teeth stuck into new projects.

Right then, back to work.  The sun is shining (at last) and I've finally written a blog.  Feeling good

 

I just listened to You and Yours on Radio 4 today, which focused on the issues that Small Businesses are facing.

One caller mentioned that she needed to expand her business and to employ staff, but was reluctant to do so because she feared falling foul of employment rules and regulations.

I can see where she's coming from.  We all know and recognise that employment legislation can be a minefield and we've all heard and read the horror stories.  But by spending a little time at the outset putting in place simple and compliant policies and procedures, you can streamline the employment process and ensure that employing staff is headache free.  Clarity is king.  Everything runs smoothly if everyone knows where they stand and what is expected of them.

Give us a call if you need help with your staff policies.  We can help with individual policies or with entire staff handbooks - customised to match your business needs.  And it doesn't need to cost an arm or a leg!

Barbara

Review and formalise your HR policies perhaps?

It's something that needs addressing in every organisation - whatever size.

It was very pleasing to read that Sainsburys have entered into a partnership with Carers UK to enable them to understand carers needs and to better support staff with caring commitments.

Well done Sainsburys!

I've just read an interesting report in "People Management" about a WPC who quit her job and resigned because she didn't think she could cope with the demands of the job. Simple enough, you would think...

However, it transpired that she had undiagnosed depression at the time of her resignation.  Within two weeks of resigning, she was prescribed anti-depressants by her doctor and she decided she wanted her job back.

Her application was turned down by an internal panel and their decision was originally supported by an Employment Tribunal.  This decision was subsequently overturned by an Appeals Tribunal on the basis that she had been discriminated against on the grounds of disability.

This presents a complex scenario for employers and underlines the importance of exit interviews.

Barbara

An article in People Management today reports that according to commercial law firm, EMW, cases involving employee theft of confidential company data has increased dramatically, with cases reaching the High Court in 2009 increasing four-fold over 2008.  This is being partially blamed on disgruntled employees and the ease with which the data can be stolen.

I have to say, there is nothing new about theft of company information: I experienced this problem almost 20 years ago.  It's particularly prevalent in sales-led environments where employees go to work for competitors and try to gain an advantage by taking customer lists and sales data with them.

But today's report serves as a reminder that companies that have confidential databases, market research, customer lists, technical data, etc, should ensure that their policies on confidentiality and intellectual property are sound.

Employers should be clear about what constitutes confidential and/or valuable information, and be absolutely clear to all employees that legal action can and will be taken against anyone who steals information. 

It's extremely difficult to stop former employees from approaching your clients, but you can take steps to prevent this by including it in your employment policies, together with policies regarding confidential information and intellectual property. 

Belt and braces, perhaps, but a good starting position if you do decide to commence legal action.

And don't forget that the company also has a duty under the Data Protection Act to keep information confidential.

Theft of information can cost companies dearly, so don't get caught out.

The Equal Pay Act was introduced a long time so why does a recent report by the Equalities and Human Rights Commission still find that women earn less than their male counterparts?

On average, women earn 16% less than their male equivalents.
By the time women reach the age of 40+, they are earning on average 27% less than their male counterparts.

A separate report by Russell Reynolds Associates finds that in the Top 300 European companies only 11.7% of board directors are female, and there are only 7 CEO's among them.

Surely not all of this can be attributed to career breaks... 

There was an interesting decision reached recently by the Courts of Justice of the European Union.

"Rosenbladt v Oellerking Gebäudereinigungsges"

The Court ruled that it was reasonable to maintain the compulsory retirement age of 65 in a German commercial cleaning company where the employees' and employer's representatives had reached a collective agreement that employees should retire at 65.

The Court decided that the aims of the agreement were legitimate and allowed the company to employ younger people and to plan their recruitment.

Although we can't afford to be relaxed on this, it does appear to set a European precedent, and it will be interesting to "watch this space" as the UK government's decision to abolish compulsory retirement age comes into play next year (2011). 

 

David Cameron has vowed to slash red tape for small businesses.  He has appointed Lord Young as his "New Enterprise Tsar" and has commissioned Lord Young to undertake a brutally honest review into the burdens on small and medium sized businesses.

Lord Young is apparently seeking consultation on whether the period of employment before qualifying for unfair dismissal claims should be extended from 12 months to 24 months. (PM Online, Oct 2010).

Speaking to the Today Programme (BBC Radio 4) Lord Young said that in the 80's when they did this, employment levels increased.

Whilst it is important to protect the rights of all employees, it is equally important not to tie the hands of employers.  Let's see where this leads...

DWP are reporting a 0.1% improvement in absence levels (PM Online Oct 10).  Hardly a significant increase but, given that the staff at the DWP are working in a difficult environment and they were expecting absence levels to worsen, the Dept sees this as a significant improvement.

The national minimum wage (NMW) rates changed on 1st October 2010.

16-17yo £3.64 ph:   18-20yo £4.92 ph:   21+yo £5.93 ph.

There is also a new apprentice rate: £2.50 ph aged 19 and under, or in first year.

You can be fined for not paying (at least) NMW.  Don't get caught out. 

I attended a seminar today (very kindly hosted by RWP Solicitors in Pangbourne) about the new Equality Act which comes into force on Friday, 1st October 2010.

The Act seeks to encompass all of the previous, disjointed acts on discrimination - disability, age, sex, etc - and to iron out some of the discrepancies between them. 

It's complex!  Employers certainly need to take note of the implications of the Act and to introduce appropriate policies and procedures if they are to avoid falling foul of it. 

For example, if a customer (or indeed 2 separate customers) has abused or harrassed a member of an employer's staff on 2 separate occasions and the employer is aware of this abuse, then the employer must take action to prevent this from happening.  Otherwise the employee can bring a claim against the employer - even though the employer was not the aggriever.  Yes, true.

So, in this example, the employer should make it clear to customers that this behaviour is not permitted, display notices regarding appropriate behaviour and, if necessary, bar the customer from the premises.    For some time now, we have seen such notices in hospital A&E departments and in pubs, but it's now time for all employers to pay close attention to what's going on in their workplace.  Poor recruitment processes, bullying, harrassment, disability, race or sex discrimination - even in the form of "harmless" jokes or banter - can all bring the employer in front of an Employment Tribunal, with the risk of very hefty penalties.

It would be very easy to get paranoid about this, but it will also be extremely easy to fall foul of the Act. 
So review your processes and take sensible precautions:

1. put clear policies and procedures in place,
2. make sure every manager and member of staff is aware of how to implement the policies and procedures, and is aware of the standards that are expected of them, and
3. keep your ear to the ground and take swift action where necessary.

The Back Office can help create such policies, so give us a call if you'd like any help with this.

Best regards,

Barbara Patrick

 

Just as I was about to finalise an article about the benefits of coaching, it was reported in People Management today (21^st September 2010) that the World of Work Report 2010 (a report compiled by Ranstad and based on 2500 responses from employers and employees), concluded that half of employees felt that their skills were being underutilised by employers.

 

The report also concluded that there was a mismatch in perceptions between employers and employees about what factors motivated staff: Employers felt that motivation was driven by benefits, brand and culture, whereas employees felt that remuneration, training, development, career planning and flexible working conditions were the drivers.

 

Although many staff had up-skilled in order to cover additional responsibilities during the downturn, they still felt that employers were not tapping into those skills, and about 10% of them were minded to move jobs if something more attractive came up.

 

Head of Randstad UK said it was important for organisations to correct the differences in perception or risk losing talented people.

 

This backs up what I am about to say regarding the reasons for coaching and the benefits to be gained from it and will also tie in with my earlier article on Staff Retention: Ten Top Tips on Staff Retention.docx

 

We read a lot in the press about job cuts and redundancy, but very little about staff retention.

Recruitment can be an expensive and time-consuming process, followed by a training period, and possibly a period where you have to employ temporary staff.   All of this can be a drain on employers' time and resources.

Good staff are hard to come by, so it's vital that you do your best to retain them.

Here are my Top 10 Tips...

1. Recruit sensibly and fairly.   Be realistic about the role and the skills/experience required to perform the role.   Unrealistic promises and expectations will just lead to disappointment.
2. Communicate with your staff.   Ask for their views and suggestions and listen to what they say - much of which may be valid.
3. Offer training and career progression.
4. Try to offer a variety of work to create job enrichment and satisfaction.   Take a good look at the job descriptions and see how you can improve them so that each employee can learn new skills, enjoy a variety of tasks and remain interested.   Routine has its place, but variety is the spice of life.
   
5. Be appreciative.   Yes, you are paying your staff for their services, but that doesn't mean you can't be seen to appreciate what they do.   So long as they perform to your satisfaction - or above expected levels - then they are making your life easier and making a contribution to your business, so be sure to let them know that you appreciate their efforts.
6. Operate an open Performance Appraisal process, where performance is acknowledged and criticised in a constructive manner, and where staff can offer honest feedback.
   
7. NEVER criticise or humiliate a member of staff in front of others.   Not only could it land you in an Employment Tribunal, it's simply unfair.   If there are performance or behaviour issues, address them formally, in private, and in line with company Disciplinary Policy if appropriate.
   
8. Put in place a Grievance Procedure and use this constructively to address problems - however minor.   Try to nip minor grievances in the bud, before they get out of control.
   
9. Conduct exit interviews.   Staff may be reluctant to tell you about their grievances while they are still employed, but they will very likely open up once they have formally resigned.
10. If high staff turnover is predominantly from one department or one particular function, then it is particularly important to establish the cause of this.   It could be that the problem actually lies with a line manager or other member of staff, in which case you need to deal with this - even if the line manager is you!

As an employer and manager, it's vital that you are open to change... if the existing conditions, management or job content is causing a high staff turnover, be prepared to change your practices.

Never underestimate the importance of happy staff.  It has a knock-on effect on morale, performance, attendance and output.  Everyone wins!

There are, of course, more ways in which you can retain staff, but 10 should suffice for now.

If you need any help with staff issues, please give us a call.   We're approachable and flexible.   Just pick up the 'phone.   We'd be glad to assist.

Best regards,

Barbara
The Back Office
Tel: 0118 988 7628

 

Hi everyone!

How do you communicate?  Email?  Letter?  Phone?  Well, it transpires it's not quite as simple as that.

I recently attended a "Think Feel Know" Taster Workshop hosted by Kinnarps (office furniture suppliers) in Winnersh, Reading, Berkshire. 

Apart from the fact that there were lots of interesting and nice people there, and the fact that Charmaine at Kinnarps is always so welcoming, the speaker was very engaging and the presentation thought-provoking.

The main thrust was that there are three main methods of communication:

The speaker gave lots of examples of the 3 communication styles, and I think we could all related to them.  To communicate well with a person, it's apparently more beneficial if you communicate using the same mode.    

It transpires that I mostly operate in Think mode, which may not necessarily be the same mode as the unlucky recipient who may be bored senseless and suffering from information overload!  Hmmm.  It will be interesting over the next few weeks to see how the exercises and illustrations used this evening will influence my communicating skills in the future.  Positively, I hope.  It starts right now.

I'm planning to write some short updates and articles on Human Resources and business-related topics.  Sign up to my emailing list (home page) if you would like to receive these.  Or send me feedback/suggestions about subjects you'd like me to address.

Best wishes,

Barbara
www.TheBackOffice.co.uk