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More Rights, Less Sleep? The Big Employment Law Changes Ahead

Fri, 20 Mar 2026 13:25:28 GMT

2026 got off to a fast start, with the Government wasting no time in publishing an updated timeline for key employment law changes. Several significant reforms are on the horizon, with some taking effect from April 2026 and others following in 2027. While the headlines can feel daunting, the phased rollout gives employers time to prepare. Here is everything you need to know.

Key Changes from 6th April 2026

1. Day one rights for family leave

Paternity Leave and Unpaid Parental Leave will both become day one rights. In practice, this means employees will be entitled to request these types of leave from the moment they start work. It’s essential to note that while the right to take paternity leave will be effective from day one, Statutory Paternity Pay remains unchanged and will still be subject to qualifying conditions.

2. Strengthened whistleblowing protections (including sexual harassment)

Sexual harassment will be added explicitly to the list of “qualifying wrongdoings” under whistleblowing legislation. This means that disclosures about sexual harassment will automatically be considered protected disclosures.

Protection will apply where harassment has occurred, is occurring, or is likely to occur, and individuals will be protected from detriment or unfair dismissal for raising concerns.

3. Bereaved Partners’ Paternity Leave

A new entitlement of up to 52 weeks’ unpaid Bereaved Partner’s Paternity Leave will be introduced where the child’s mother, primary adopter, or primary carer dies during childbirth or within the first year of the child’s life.

This will be a day one right, with no qualifying period. The entitlement is unpaid, although employers may choose to enhance it.

4. Statutory Sick Pay from day one

From April 2026, Statutory Sick Pay (SSP) will be payable from the first day of sickness absence, and the lower earnings limit will be removed. This means all employees will qualify for SSP, regardless of earnings, and the current three-day waiting period will be abolished.

5. Trade union recognition becomes easier

The trade union recognition process will be simplified for employers with 21 or more employees. A union may be recognised where a simple majority of the bargaining unit votes in favour, and automatic recognition may be granted where there’s evidence of unfair practices by the employer.

Changes Coming in October 2026

October 2026 will bring a significant cluster of changes, particularly around harassment and trade union rights.

These include:

A new duty on employers to take 'all reasonable steps' (a higher threshold than the current requirement) to prevent sexual harassment
Employer liability for third-party harassment, such as harassment by customers or clients
A requirement to inform workers of their right to join a trade union
Strengthened trade unions’ rights of access
New rights and protections for trade union representatives
Extended protection against detriment for taking industrial action
A potential extension of the Employment Tribunal time limit from three months to six months

Looking Ahead to January 2027

From January 2027, the unfair dismissal qualifying period will reduce to six months, and compensatory awards will be uncapped for dismissals taking effect from that point.

Unfair dismissal is also expected to become a day one right, with an initial employment period during which a modified, lighter touch dismissal process may apply. The detail is still subject to consultation.

Final Thoughts

The next 18 months will bring some of the most significant changes to employment law in years.

While the volume of reform can feel overwhelming, the changes are phased, and the key is to stay informed, plan ahead, and ensure managers understand not just the rules but how to apply them fairly and consistently in practice. Doing so will reduce risk and put businesses in a strong position as the reforms come into force.

Prefer your legal updates without the panic? Sign up for our newsletter , or have a chat with us about how our Evolve membership can proactively prepare your business before the rules change.

Top UK Recruitment Trends for 2026: What Employers Need To Know

Wed, 17 Dec 2025 15:58:43 GMT

A new year always brings a fresh wave of change — and the UK recruitment world is no exception. Whether you’re a hiring manager, business owner, or job seeker, it’s shaping up to be an interesting year ahead. Here are some trends worth keeping an eye on as 2026 gets underway.

1. Hiring Might Slow Down — But It Won’t Stop

With economic uncertainty still lingering, lots of employers are taking a “wait and see” approach. Hiring isn’t disappearing — it’s just becoming more considered. Expect fewer rushed placements and more thoughtful decision-making, especially with more legislation changes ahead in 2026.

2. More Candidates on the Market

While some companies are holding back, more job seekers are exploring new opportunities. That means more applications, more choice for businesses, and a greater need for clear, structured hiring processes.

3. Skills Over Job Titles

More organisations are realising that brilliant talent doesn’t always fit neatly into a traditional CV. Instead of obsessing over specific experience or degrees, employers are focusing on skills, potential, and adaptability. It’s a great shift — especially for career changers.

4. AI Is Becoming Part of Everyday Recruitment

AI isn’t replacing recruiters — but it is helping speed up admin tasks, shortlist candidates, and improve communication. The trick in 2026 will be finding the right balance: using tech without losing the human touch.

5. Flexibility Is Still a Big Deal

If 2025 proved anything, it’s that hybrid and flexible working aren’t going anywhere. Candidates want roles that fit into real life — not the other way around. Companies that embrace this will stand out.

6. Retention Takes Centre Stage

Recruitment isn’t just about hiring anymore — it’s about keeping great people. Expect more investment in wellbeing, career development, internal progression, and positive workplace culture.

7. Different Regions, Different Stories

Hiring trends will vary across the UK. Some areas and sectors — like tech, healthcare, and professional services — are still seeing steady growth. Local insight will matter more than ever.

Final Thoughts

The UK recruitment landscape may feel uncertain, but it’s also full of opportunity. Employers who stay flexible, people-focused, and open to new approaches will be the ones who thrive.

If you need support with your recruitment — whether it’s one role or a long-term hiring strategy — get in touch .

Employment Rights Bill: The No-Jargon Breakdown

Wed, 23 Jul 2025 10:13:56 GMT

Confused by the latest legal updates from the Labour Government?

Don't worry, you're not alone.

The government has announced more changes to the Employment Rights Bill — and, as expected, the timelines are slipping again.

In our latest video, we break down the planned updates and when they’re likely to take effect.

We’re already working with our clients to prepare for what’s ahead — if you need support with planning for the upcoming changes, we’re here to help. Just get in touch!

The Rise Of The Side Hustle - What Employers Need To Know.

Mon, 07 Jul 2025 15:09:04 GMT

Summer is here and with it comes fresh challenges for employers. From the surge in side hustles to the never ending debate about switching off after hours. In this blog, we’re diving into what these trends mean for your business and sharing practical tips to help you stay ahead and keep your team happy and compliant.

With the gig economy booming and the cost of living continuing to bite, more employees are taking on secondary employment, or more commonly named ‘side hustles’ to supplement their income. From food delivery to personal training, there is a growing variety of ways people are earning outside of their main roles.

These side roles can take many forms, such as employment, zero hours, freelance, or contractor arrangements which can make it tricky to understand the full implications for both the individual and the employer.

Why it matters to employers

If your team members are working more than one job, there are practical and legal implications for you to be aware of:

Working Time Regulations – Hours across all roles must stay within legal limits. This means that if your employees have not opted out of the Working Time Regulations and are employed else where, they may be in breach of the regulations.
Commitment & Performance – Fatigue can creep in slowly when an employee has a side hustle, impacting concentration, engagement and long-term health. Make sure that your managers are trained to identify risks around employee wellbeing and importantly have the confidence to raise any concerns with employees directly so that things are not left to fester.
Confidentiality Risks – If an employee’s second job is in a related field, it could breach their employment terms, particularly around confidentiality. Review the details in your Contracts of Employment carefully to ensure you're fully protected.
Tax & NI – Secondary jobs can complicate tax codes and National Insurance so keep an eye out for any changes that may indicate an employee has a second job if they haven't already declared this to you.
Employees may be entitled to statutory payments and pension contributions from multiple employers - but this only applies if they’re employees, not freelancers or contractors.

To help manage the situation, we recommend introducing a policy requiring employees to seek permission before taking on secondary employment. This gives you the chance to review potential conflicts, protect your business and support your team appropriately.

The Legal Perspective

A recent Tribunal case highlights the potential pitfalls of juggling multiple jobs dishonestly. Solicitor Belinda Owusuah Sarkodie was struck off after working simultaneously for three different law firms from home. Evidence showed that she submitted overlapping timesheets, claiming payment for the same hours across all three roles without disclosing her multiple employments. The tribunal found she had acted dishonestly, breaching professional standards and ordered her removal from the profession. This case serves as a reminder of the importance of transparency and integrity when employees engage in secondary work.

Need a little extra help?

If this topic has struck a chord, or raised a few questions, we’re here to help. Whether you’re reviewing policies , managing wellbeing concerns , or just wanting to stay one step ahead, our team is on hand. And, if you’re looking for ongoing, flexible support, our Evolve membership is a great place to start.

Why "Sorry" Isn't Always The Hardest Word

Fri, 30 May 2025 13:19:02 GMT

Sorry Not Sorry: Are We Too Apologetic and is it holding us back at work and beyond?

In the UK, saying ‘sorry’ is almost second nature. Blurting out apologies for almost anything from the rain, to simply standing in the way of a fellow being! (think Monty Python or Mr Bean).

Henry Hitchings wrote ‘The readiness of the English to apologise for something they haven’t done is remarkable and is matched by an unwillingness to apologise for what they have done’. While this might make you chuckle, it also highlights an interesting contradiction in how apologies are used flippantly in everyday life and of course, in the workplace.

Discussing this with the team, its apparent that during our HR careers, collectively we have countless examples of apology culture playing out in organisations. It can be a powerful tool for displaying politeness and empathy and also underpins a large number of communication strategies, for instance in the customer service industry. In contrast, over apologising can often be seen as a weakness, undermining confidence and authority. The good news is that by recognising patterns and finding a healthy balance, you can work to build stronger, more confident teams.

‘Apology Culture’

In the UK workplace, apologies are often more about being polite than admitting fault. For example, how many times have you heard (or said) things like ‘Sorry, can I just add’ or ‘Sorry, this might sound silly’ or even just ‘Sorry about that’ when you haven’t done anything!

Most of us use these phrases to soften the tone of what we are trying to say or to help maintain harmony. However, the tendency to over apologise can have a negative effect:

Undermine confidence – Constantly apologising may make a person appear unsure of themselves or lacking in confidence
Mixed messages – When ‘sorry’ is used too often, it can lose its impact when a genuine apology is needed
Limiting assertiveness – Unnecessary apologies can hinder clear, transparent communication

At the same time, there can often be a reluctance to apologise when it really matters, such as addressing mistakes or taking accountability. This can create situations of mistrust and challenges with communication.

So how does this impact our teams?

Managers who frequently apologise can risk diluting their authority. Phrases such as ‘sorry to bother you’ or ‘sorry if I am being unclear’ can give the impression of a lack of confidence and may impact how their team perceives them.

In addition, employees who over apologise, particularly women and marginalised groups may find it harder to assert themselves or advocate their ideas in a group setting.

We cannot overlook the importance of politeness in customer facing roles, but over apologising can also send the wrong message. Repeatedly saying ‘sorry’ for small issues might make a business seem less confident or worse, less capable.

How we can help

We understand that finding the balance between politeness and professionalism is important. Apologies are a vital part of workplace communication, but they should build confidence and strengthen relationships rather than detract from them. We can support you in finding ways to build this into your culture and build your teams communication skills through the following:

Raising awareness through training – we can offer tailored communication workshops that help teams identify when they are apologising unnecessarily. Through practical exercises, we can help to build confidence and replace some of the common phrases with a more unapologetic response.

Supporting confident leadership – our leadership coaching program focuses on building confidence and self assured communication skills. We help leaders and those developing into leadership roles strike the right tone by balancing empathy with authority, giving them the empowerment to guide their teams with confidence and clarity.

Fostering a culture of constructive feedback – a healthy feedback culture can reduce the need for unnecessary apologies by encouraging open and constructive dialogue. We can provide guidance on feedback initiatives such as 360 feedback exercises, including training and coaching to help employees share feedback with confidence, promoting trust and accountability.

An apology culture is part of the British way of life and some might say it defines us as an empathetic and considerate nation. But when it goes unchecked, it can hold people back and limit effectiveness. At Clear Bridge HR, we are here to help strike the perfect balance, where apologies are meaningful, relationships are strong and everyone feels confident communicating so get in touch with us today to discuss your needs in more detail.

Flex or Flop? The 4-Day Week Debate

Thu, 09 Jan 2025 12:23:28 GMT

Did you know the 4-Day Week campaign kicked off a six-month trial in November 2024?

Businesses like Crate Brewery and the British Society for Immunology are taking part, and we’re eager to see what they uncover. These trials offer fascinating insights into whether shorter working weeks can really deliver long-term boosts in productivity and employee happiness.

If the results keep trending positively, it could bolster Labour’s ongoing support for flexible working policies aligning with the consultations around the Employment Rights Bill.

But not everyone’s on board. Amazon’s CEO, Andy Jassy, recently announced that the company is phasing out hybrid work for corporate employees. Unsurprisingly, the move has sparked backlash from staff concerned about work-life balance. It’s a bold step—and not necessarily a popular one—that highlights the growing divide between companies leaning into flexibility and those taking a more traditional approach.

The idea of a four-day workweek has already proven successful for many UK businesses. Companies like Atom Bank and CMG Technologies have reported big wins, from better productivity to happier, more loyal employees. Even a UK pilot in 2022 showed promising results: 65% fewer sick days and 71% less burnout among workers.

That said, it’s not without challenges. Some businesses, like Asda, found that condensing hours didn’t work well for their teams. The takeaway? There’s no magic formula—it’s all about planning carefully, listening to your employees, and figuring out what’s best for your business.

Looking Ahead

Flexibility is becoming a key focus for many businesses, and with good reason—it’s not just about productivity; it’s also about retaining talent in a competitive market. While the four-day week continues to gain momentum, companies sticking with traditional approaches may find it harder to keep up.

As we kick start 2025, businesses will face big decisions about how to adapt to evolving expectations. One thing is clear: there’s no one-size-fits-all solution. But by staying flexible, listening to your team, and being open to change, businesses can set themselves—and their people—up for long-term success.

Ready to Make the Leap?

If your business is considering a shorter workweek or other flexible options, we’re here to help . At Clear Bridge HR, we provide practical advice to help leaders navigate these changes—from adjusting policies and organising workloads to keeping employees engaged during transitions.

For those exploring a four-day week, we can guide you through creating a clear plan, starting meaningful conversations with your team, and setting up regular feedback sessions to make sure the change works for everyone.

The right to switch off

Mon, 02 Dec 2024 15:21:25 GMT

As our working and home lives continue to become ever more intertwined the blurred boundaries can lead to increased stress for employees, in extreme cases, burnout and a general decrease in employee well-being.

To help tackle this Labour has promised that they will be introducing the concept of the ‘right to disconnect’.

Whilst we don’t know the details or when they will get around to this (it was case of ‘we will get to this later’ in the most recent updates to the Employment Rights Bill) , it’s good practice to ensure that employees aren’t working excessive hours and are having the opportunity to switch off from work.

Although you don’t need to take any immediate action there are a few things that you can be doing to help your business prepare for any future changes:

Clarify your expectations around working hours and reinforce that although employees may be able to access email and systems 24/7, your business respects employees need for personal time and for home time.
Conduct a short survey (or where you have a smaller team ask your employees directly) to find out how they feel about their current work life balance and whether they feel pressured to reply to work-related emails outside of their normal working hours.
If emails are regularly sent outside of business hours by employees, ask them to be clear in the title whether it needs to be read or actioned promptly.
Go a step further and encourage employees not to send emails outside of core hours (or to their colleagues when they are on leave), instead asking them to send emails on timer.
Get employees to add their working hours into their email signature so that others are aware of each other’s work patterns.
Be cautious when considering an employees performance if the reason for your concern is that they aren’t responding to emails outside of their working hours. If there is an issue with performance it’s unlikely to be just this that is the issue so make sure you speak with the employee in the first instance to try and understand any wider issues or barriers to them performing at the required standard.
Follow the Acas guidance on managing workplace stress and well-being for your team if they are working from home (as it will help you if you ever end up in a dispute) by encouraging employees to:
Take the rest breaks they are entitled to
Have clear start and finish times
Switch off their work equipment at the end of the working day
Take regular screen breaks
Report IT issues so that they can work effectively and efficiently
Take sick leave when they are ill.
Finally, always lead by example and make sure that managers in your business foster a healthy work-life balance.

Is your team taking their annual leave

Tue, 19 Nov 2024 13:52:31 GMT

As we approach the end of the year, it's the perfect opportunity to ensure that your employees are making full use of their annual leave entitlements, especially if your company's holiday policy does not allow for unused leave to roll over into the following year.

Why encouraging annual leave is important

Encouraging employees to utilise their leave is vital for several reasons. It ensures compliance with legal requirements and plays a significant role in preventing burnout. Taking time off is essential for employee well-being, especially during the hectic festive season and the inevitable colder months that are ahead.

Top tips for managing annual leave in your business

Statutory Holiday Entitlement: At the very least, you should ensure and encourage employees to take their statutory holiday entitlement each year. Remember, a well-rested team is inherently more productive.
Payment for Unused Leave: If you provide statutory holiday entitlement (5.6 weeks per year), it's important to remember that you cannot pay employees for unused leave unless they are leaving your business.
Planning Ahead: By reminding employees to book any outstanding leave now, you can effectively plan for any absences leading up to Christmas.
Promoting Well-being: Encouraging the use of holiday time not only ensures compliance but also demonstrates to your team that you foster a supportive environment where employee well-being is a priority.
Handling Holiday Requests: If you're unable to approve a holiday request, communicate the reasons clearly and offer alternative dates when the leave can be taken.

Streamlining Holiday Management in your business

If you're still managing holiday requests manually in your business, now is a great time to reconsider your approach. Implementing a robust HR system like Breathe can alleviate the administrative burden of tracking leave and streamline your processes. Plus it's cost effective and won't break the bank.

Interested in simplifying holiday management in your business? Contact us today, or set up your free Breathe demo account now so that you can see for yourself how it can add value to your business.

Creating A* Employees

Tue, 05 Nov 2024 11:58:11 GMT

We’re living in an era focused on self improvement - whether it’s eating healthy, hitting the gym, or practicing mindfulness through journaling and gratitude. But how does this mindset translate into the workplace, especially when it comes to developing our most valuable asset, our teams?

Breaking Down the Jargon

Terms such as ‘Training & Development’, ‘Learning’, and ‘Performance Development’ are thrown around as opportunities for development and as a tool for staff retention, particularly at the start of the year when budgets are set. But what do these terms really mean? How can we ensure that our teams have the best tools to soar and achieve greatness at work?

Put simply, employee development is about enhancing skills, building expertise, and empowering individuals to excel in their roles. When employees grow, so does their confidence and overall contribution to the company. It’s a win-win situation, where employees thrive and the business prospers, fostering a stronger company culture and long term success.

Developing a Plan

When choosing the right training methods, the options are vast. Fr om traditional classroom-style sessions to modern, online learning platforms - the best part? You don’t need to break the bank! Today’s diverse learning solutions allow you to tailor training to fit your business needs.

While mandatory training can sometimes feel like a chore, especially when it’s about compliance and keeping up with industry standards, it’s essential and can bolster your position legally, it’s also non-negotiable. Fortunately, many platforms now offer engaging, user-friendly ways to stay compliant without the pain.

How Clear Bridge HR Can Help

At Clear Bridge HR, we offer over 170 e-learning courses , empowering your teams to unlock their full potential. Here’s what you can expect:

Supercharged Employees: Your team will be equipped with the skills they need to boost productivity and efficiency, driving company success.
Happy Heroes: Investing in your team’s growth shows them you care, leading to higher retention rates and a more motivated workforce. The money saved on recruitment could even fund your next team event!
Cost Effective Solutions: No travel or accommodation costs - just a web based platform that keeps your budget in check (and your Finance Team happy).
Compliance Champions: Comprehensive compliance training ensures safety and inclusivity across your business, while digital certificates make tracking progress a breeze.

For more information on how we can support your training needs, contact us today. We’d love to help set your team on the path to success!

Sexual Harassment in the workplace

Thu, 24 Oct 2024 14:21:44 GMT

From the 26th October 2024 the Worker Protection Act 2023 introduces new responsibilities for employers to proactively prevent sexual harassment.

In recent years, the fight against sexual harassment has gained significant momentum, notably through the influence of the Me Too Movement. This has helped to shine a spotlight on sexual harassment in the workplace and created much needed shift in the way that we deal with incidents in the world of business .

Under the new Act, employers must do more than maintain an anti-harassment policy. They are required to take 'reasonable steps' to prevent harassment, anticipating potential scenarios and addressing risks proactively.

But what should employers be doing? Here are our top tips:

Develop an Effective Anti-Harassment Policy: Clearly outline unacceptable behaviours and procedures for reporting incidents. Importantly review these annually or where you identify any new risks.
Engage Employees: Use one-on-one meetings, exit interviews and employee surveys to help foster open communication.
Assess Risks: Complete a risk assessment and identify areas of vulnerability within your organisation and take steps to mitigate these.
Training: Implement mandatory training sessions to raise awareness among employees covering a host of topics.
'Speak Up' System: Encourage employees to report concerns through a dedicated system.
Handle Complaints Seriously: Follow your policy when addressing complaints and take all complaints seriously.
Address Third-Party Harassment: Treat incidents involving clients or customers with the same seriousness as you would an internal incident.

By taking these steps, businesses not only comply with the law but also contribute to a safer and more respectful workplace culture.

If you need further assistance or would like to discuss the impact of these changes on your business, don't hesitate to reach out. Alternatively, get all of our latest advice and guidance straight to your inbox by signing up to our newsletter here.

What you need to know about the Employment Rights Bill

Wed, 16 Oct 2024 11:16:30 GMT

The Employment Rights Bill has finally been published, and here's what you need to know and, what you don't need to worry about!

Firstly, we can all breathe a sigh of relief as the government have said “We expect to begin consulting on these reforms in 2025, seeking significant input from all stakeholders, and anticipate this meaning that the majority of reforms will take effect no earlier than 2026. Reforms of unfair dismissal will take effect no sooner than autumn 2026”.

This means that although the government will seek to implement some things quicker than others there will be no big bang effect (and in fact some of the things promised aren’t even covered but we’ll come onto that later)

Key changes to be aware of

The removal of 2-year qualifying period for unfair dismissal claims.
There will be a new statutory probation period set at 9 months to balance the new day-one rights with an evaluation period for employers.
There will be a move to ban exploitative practices by banning zero-hour contracts. There will also be a right to reasonable notice of shift, and payment for cancellation of shifts at short notice (although we don’t yet know what reasonable notice will be).
Flexible working refusals will have to be reasonable based on a list of specified grounds for refusal. In short flexible working arrangements will become the default option unless you can justify why it is impractical.
There will be a right to SSP from day 1 of absence removing the current 3 day waiting period
Paternity Leave and Parental Leave will become day one rights aligning them to Maternity Leave
Bereavement Leave rights will be extended to anyone who is bereaved (although we don’t yet know how the government will classify the relationship that the employee must have had with the deceased).
Employers will be required to provide employees with a written statement confirming their right to join a trade union
It will be automatically unfair to dismiss an employee for refusing a contract variation.
Employers will have full liability for third party harassment (this is a big one!)

What’s not included

The Government made a lot of promises which don’t appear in the new Bill including:

a ‘right to switch off’
a move towards a single status of worker
a review of parental leave and carers leave

They have committed to implementing these in the future, but don’t expect any movement on these for quite a while.

Unsure how the changes will impact your business or need guidance navigating them? We’re here to help — reach out today!

What you need to know about the new Allocation of Tips Act

Mon, 16 Sep 2024 11:18:57 GMT

New Allocation of Tips Act set to ensure that workers take home an additional £200 million of their earnings

What you need to know

From 1 October 2023, withholding tips from workers will become illegal under the Employment (Allocation of Tips) Act 2023.

This new law means that employers must pass on all tips and service charges to workers without any deductions and must distribute them in a "fair and transparent manner".

What does this mean in practice?

Although the code of practice outlines that businesses must allocate tips fairly and transparently it does not provide any set requirement to distribute the same percentage to all workers. Instead, it outlines that tip allocation can be based on factors such as:

Type of role or work
Basic pay
Performance (individual and/or team)
Seniority or responsibility level
Length of service
Customer intent

What action do employers need to take?

To ensure that employers remain compliant with the new act they must:

Create a written tipping policy
Make that policy available to all workers
Keep records of tip allocation and distribution for at least three years (as workers can ask to see this)
Consult with workers to ensure the tipping system is fair and reasonable

What should you do next?

If you haven't done so already you should schedule time to create your Tipping Policy (or update this where you already have one in place)

Once you have a policy that aligns with the new act ensure that managers are trained on the new requirements and importantly make a copy of policy readily available to everyone via your HR software.

Finally, don't forget to consult with your team to gather feedback on the fairness of the tipping system and make any necessary adjustments.

For assistance with your policies and procedures, contact us today.

Stay informed on the latest HR updates by subscribing to our newsletter here.

Labour's Victory: What it means for the future

Fri, 05 Jul 2024 15:46:25 GMT

As election fever subsides, we are eagerly waiting to see what happens next. Out of all the political parties Labour were the most ambitious in terms of their reforms around employment law and, with a commitment to make some key changes within 100 days of being elected, employers should prepare for significant changes ahead.

As a reminder, the Labour Manifesto committed to the following:

Banning Exploitative Zero Hours Contracts: Targeting exploitative practices rather than implementing an outright ban.
Ending Fire and Rehire: Prohibiting the practice of firing employees and rehiring them on less favourable terms.
Day 1 Rights: Introducing rights to sick pay, parental leave, and unfair dismissal from the first day of employment.
Single Enforcement Body: Establishing a single body to enforce workers’ rights.
Minimum Wage Reforms: Including cost of living in minimum wage criteria and removing age bands.
Accurate Contracts: Ensuring contracts reflect the hours employees regularly work, based on a twelve-week reference period.
Extended Tribunal Time Limits: Extending time limits for claims from three months to six months.
Menopause Action Plans: Requiring large employers (those with more than 250 employees) to have a menopause action plan.
Carer's Leave Review: Reviewing the provision and benefits of introducing paid carers' leave.
Pay Gap Reporting: Imposing duties on large employers to report ethnicity and disability pay gaps.
Union Rights Information: Informing new starters of their right to join a trade union.
Right to Switch Off: Introducing or at least encouraging employee discussing the right to switch off with employers.
Single Worker Status: Consulting on incorporating all but the genuinely self-employed into a single worker status.
Flexible Working Rights: Making flexible working the default unless employers have valid reasons to refuse.
Easier Union Recognition: Removing the requirement for 40% of entitled voters to validate a union recognition ballot.
Unpaid Compassionate Leave: Introducing a right to unpaid compassionate leave, beyond just parental leave.
Apprenticeships Levy Reform: Reviewing and reforming the Apprenticeships Levy.

We'll be closely monitoring these changes as they unfold. If you are an Evolve member you will receive updates to all contract and policy documents to ensure full compliance, along with comprehensive training on any significant changes that will impact your business.

If your not an Evolve member and would like to talk to us about how we can support your business get in touch with us today.

Unconscious Bias - The Silent Threat In Your Business

Thu, 14 Mar 2024 11:35:47 GMT

Unconscious bias can cause a whole host of problems for employers especially when the stereotypes we hold (and we all hold them) affect our thought processes and the decisions we make.

Not addressing unconscious bias could result in an increase in an increase in grievances and in more extreme situations, costly Employment Tribunal claims against your business.

It’s not enough to simply talk about diversity in the workplace, you must take steps to tackle the deeper threat that exists. Here’s some suggestions to set you on the right track:

Ensure that your recruitment and promotion decisions are made by more than 1 person and that the group of decision makers includes a diverse range of employees.
Challenge and review the way you recruit, including considering using blind CV’s and reviewing where you advertise to ensure you are reaching a wide and diverse pool of candidates.
Provide training for all employees on unconscious bias, encouraging employees to educate themselves. We all have unconscious bias and pretending it doesn’t exist in your business will do more harm in the long run.
Share with employees what you are doing to ensure that you have a diverse and inclusive culture and ask them their opinions on what you could be doing better.
Run an anonymous employee survey to find out how your staff really feel about the workplace environment and how inclusive it is.
Make sure that you hold exit interviews with employees leaving your business and act on any patterns that you identify.
Make sure that you take any allegations or complaints about discrimination seriously and don’t be tempted to brush things off as office banter.

For help and support with unconscious bias in your business contact us today .

Do you have unconscious bias?

gemma@clearbridgehr.co.uk (Gemma Higgins) — Mon, 11 Mar 2024 16:55:42 GMT

The answer is YES - we all have unconscious bias, it’s a part of human nature!

What is unconscious bias?

Unconscious biases are thoughts or feelings that you are not aware of that influence your judgements. These biases are rooted in your preferences for or against something.

Your preferences may lead to you having favourable or unfavourable biases.

Why do we have unconscious bias?

We receive 11 million bits of information every moment but can only consciously process 40 bits. To resolve this, our brains are perfectly suited for quickly filtering huge amounts of information, prioritizing, categorizing, and summarising our surroundings for us unconsciously.

Most of what we’re feeling and deciding is driven by unconscious processing.

How do our biases develop?

You’re not born with a bias, they are learned through socialisation. But they become embedded in our neural pathways through experiences and the patterns we see such as:

Messages we receive as we grow
Early experiences
Upbringing
Family
Peers
Education
Religion or lack of
Media
Society norms

How can unconscious bias affect us at work?

Unconscious bias might determine whether or not:

The best candidate gets a job.
The most suitable colleague is allocated responsibility for an important project.
A performance review is aligned with bonus payment.
Promotions are given on merit or favouritism.
Clients feel that they have received a good service.
Allegations of discrimination are upheld in tribunal.

How can we overcome our unconscious biases?

The first step to managing your unconscious biases is to be aware. Be aware that biases exist, that we all have them, and that they are rooted in your preferences for or against something. Once you are aware of your biases you need to manage your behaviour; by being mindful of how you respond to others and taking responsibility for your actions.

Help is at hand!

Clear Bridge HR have created an Unconscious Bias training course for employees at all levels within an organisation.

The course develops a thorough understanding and recognition of unconscious bias in oneself as well as in others and what the impact of this bias can be. Participants are then trained on ways to beat unconscious bias by putting conscious steps in place to counter it

The course is run as a 1/2 day on site / off site course and can also be run virtually via webinar.

How To Deal With A Disciplinary

Wed, 17 Jan 2024 11:57:35 GMT

It’s inevitable that in any business the day will come where you will have to deal with misconduct in a formal setting and the truth is that this can seem daunting.

However, dealing with issues as and when they arise in your business is vital and doesn’t have to be scary. Here’s our simple 6 step process to ensure you get it right.

1 - Get your policy right and follow it

If something does go wrong and you are in the unfortunate situation of having to discipline an employee, you must refer to your own disciplinary policy and procedures. By following your own internal procedures you’ll ensure that you’re always taking a consistent approach and you’ll avoid any claims in relation to breach of contract or failure to follow your own internal policy. Your disciplinary process must follow minimum statutory guidelines and you should always seek professional advice when writing your disciplinary procedures as mistakes can be costly.

2 - Investigate thoroughly

This part of the process is important to get right. When conducting an investigation, you must collect and collate all relevant information on the alleged misconduct. This includes looking in the right places (for example, CCTV, internal systems), speaking to the right people (for example, witnesses to any alleged misconduct) and most importantly keeping records and writing down all the evidence that you identify as part of your investigation.

Dependent on the alleged misconduct you may also want to consider suspending the employee whilst you investigate.

3 - Invite the employee to a formal hearing

You must formally write to the employee concerned to invite them to a grievance hearing and in this communication, you must include your concerns in relation to the alleged misconduct. It’s important to get the phrasing and wording in this communication just right. You should provide enough information to ensure that the employee knows exactly what the alleged misconduct is so that they know what they will have to defend.

Always remember that employees have the right to bring a companion to any formal hearing meeting and you must inform them of this right in advance.

4 - Conduct a formal hearing

At the formal hearing meeting set out the alleged misconduct and ask the employee for explanations and any evidence that they would like to be considered. Always adjourn the meeting before delivering an outcome to ensure you have time to consider your response.

Where possible have another independent party present to act as a note taker remembering to circulate a copy of the notes to all parties after the meeting as a record of what was discussed.

5 - Provide an outcome

Reflect on the information gathered as part of the investigation and the information presented to you in the formal hearing by the employee. Decide on the appropriate outcome which may range from a 1st written warning to dismissal and confirm this in writing to the employee, giving them the right to appeal your decision.

6 - Hold an appeal

If the employee does appeal an appeal hearing should be held by somebody more senior than the manager that originally concluded the investigation and, who is not connected to the case in any way. At the appeal hearing the employee should present any new evidence to show that the original decision was not the right one, an appeal hearing is not an opportunity for the case to be reheard. If you are a small business and don’t have a higher point of escalation you can use an external HR Consultant to hold the appeal meeting.

If you are unsure of what action to take or if you need help with a tricky disciplinary situation contact us today.

Surviving the post-Christmas back to work blues

gemma@clearbridgehr.co.uk (Gemma Higgins) — Thu, 04 Jan 2024 06:00:01 GMT

We all struggle with it...

If you’re anything like us, you’ve probably eaten too much, drank too much, not exercised as you usually would and gotten used to staying up later and sleeping in longer over the last couple of weeks.

Christmas is over, the new year is here and it’s tough to shake yourself off and get back into a routine. Be assured that you’re not alone. According to a survey, British people take an average of four days to fully adjust to work after the Christmas period and we think that's a conservative view!

To try and help you get back into the swing of things, here are our tips on surviving the back to work blues:

1. Don’t put to much pressure on yourself

Obviously, you have a job to do but don’t launch yourself into it too quickly. Your head is probably still full of Cards against Humanity quotes and Radio Times listings so give yourself a chance to settle back in.

Use your first day to clear out your workspace and de-clutter. Sort your files out, throw away the shrivelled apple you never got round to eating and create a clear and organised space to work from. You’ll feel much better prepared to get productive once you’re done.

2. Sort out your email inbox

Cleanse your emails and delete all those that are ‘so last year’. Move any that don’t require any action into your folders and make sure your inbox only contains those with actionable tasks.

Respond to emails that are quick wins and flag the ones that you were putting off last year because you were winding down for Christmas. Make these your priority and get them sorted, you’ll feel much better for getting them sorted.

3. Give yourself a break

Whether you are working from home or at a workplace we all need time away from the screen. This is even more important after the Christmas break as your eyes will be out of the habit of getting 8 hours glare a day and will only give you an evening headache as a thank you!

Leave your desk and go and do something else for a while. Better still, get your coat on and go for a walk outside. Being outdoors gives you a dose of vitamin D, boosts your energy and restores your focus. You’ll be much more productive when you return to your (de-cluttered) desk.

4. Plan something fun

After all the Christmas excitement is over, it’s easy to feel like there isn’t much to look forward to so get something in the diary. A dinner out, cinema trip or drinks with friends. Whatever it is, get it booked in!

5. Look after yourself

After all the chocolate oranges, cheese boards and leftover turkey, your body is probably crying out for some goodness. Brazil nuts, oily fish, oats, bananas, lentils, spinach and even dark chocolate not only have great nutritional value but can boost your mood and make you happier too.

It sounds cliché, but getting active helps to lift your spirits and will make you feel better about yourself after gorging on Quality Street for two weeks straight.

With everyone’s new year’s resolutions kicking in, the streets are likely to be full of runners and cyclists in their shiny new lycra so why not join them? If that’s not your thing then there are lots of exercise tutorials free to view on YouTube and some only take 10 minutes.

You’ll be amazed how much better you feel if you get up 10 minutes earlier to do a little bit of exercise before work – perfect for beating the post-Christmas blues.

If HR issues are adding to your ‘return to work woes’ then please contact us to see how we can help support your business in 2025.

Staying on top of employee sickness

Fri, 22 Dec 2023 06:00:03 GMT

Employee sick absence can very easily become a headache for employers. Have you ever noticed how an individual having 1 or 2 days off here and there can start to add up? If you’re not actively monitoring and reporting on your employee’s sick absence, there could be some early warning signs that you are missing. Actively monitoring will allow you stay informed and help to avoid short term absence developing into long term absence.

Ultimately sick absence costs you and your and business, whether that’s through sick pay or loss of productivity.

Here are our top tips on how to manage sick absence more effectively in your business...

Create a policy to show employees that you take sick absence seriously and outline what your rules are when it comes to payment and reporting. Having a clearly defined policy means that, not only will you deal with cases consistently, but that you’ll avoid any claims of unfair treatment.

Make sure that employees are following your rules of notifying you of their absence. If your policy states that they must phone their line manager no later than 9.00am on the first day of their absence, ensure that they do this and if they don’t, that you follow this up with them upon their return to work.

On that note – hold Return to Work meetings. Discuss every absence with the employee when they return to work and keep a written record of the conversation. Having a template for you and managers to use will help ensure that you are being consistent, we can help you with this. During the Return to Work meeting, reinforce the impact of the employee’s absence on the business and their colleagues.

Keep records of all absences and the reasons for them. Using an HR Software is the simplest way to do this and will allow you to spot any patterns which may need further investigation, for example an employee who is consistently absent on the last Friday of each month.

Use absence triggers within your policy to manage sick absence more effectively. Setting out triggers in your policy will mean that you can easily take action if an employee’s sick absence level rises above these triggers, for example 5 days absence over a 6 month period.

Where an employee has hit the triggers outlined in your policy, take the time to investigate the reasons into the absences to understand any underlying issues that may require additional support. Where your contract allows, you can also request that an employee attends an occupational health assessment.

Where sick absence levels continue to be high, implement your capability or disciplinary procedures as appropriate and ensure that a fair and consistent process is followed each and every time you deal with a case.

Always remember that if an employee has a disability or a condition that may result in them being covered by the Disability Discrimination act, you must take extra care to ensure that you have considered making reasonable adjustments for them in the workplace. This could be anything from adjusted working hours to specialist equipment to allow them to perform their role. If you are ever in doubt, always seek professional advice to ensure you are not leaving your business vulnerable.

And finally, if you don’t already have your sick absence and capability policies in place, or they are no longer fit for purpose then contact us today for a full review to ensure that you manage sick absence effectively in your business.

Mistakes to avoid when managing a grievance

Thu, 23 Nov 2023 14:34:35 GMT

Not acknowledging the complaint

When you receive a complaint from an employee confirm receipt of it and speak to them to confirm if they want to follow a formal or informal process. Failing to acknowledge the complaint at all and brushing it off could lead you into hot water.

Jumping straight to a formal process

launching into a formal process can be counter productive. Always explore an informal route which may prove to be much more effective.

Not following your own process

Don’t by-pass your own internal processes! As soon as you instigate a formal process pull out your grievance procedure and ensure you follow it to the letter.

Not keeping it confidential

All details of the grievance must remain confidential so don’t be tempted to share any details with anybody other than those involved in the process and even then, you must only share the necessary details and ensure that the employee understand the confidential nature of the information.

Jumping to conclusions

A proper investigation is a key part of any grievance process so don’t make any assumptions or snap judgements until you have established all the facts.

Being vague

Explain to an employee how you have reached your final decision so that they feel that their views have been considered. Avoid short statements such as “I have decided not to uphold your grievance” and provide more detailed responses to explain your findings.

Not providing the right training

Make sure that whoever is involved in the grievance has appropriate training, without it you will inevitably end up with appeals relating to fairness or worse, an Employment Tribunal claim.

For help managing grievances in your business get in touch with us today.

Managing Conflict In Your Business

Wed, 08 Nov 2023 11:22:22 GMT

It’s easy to think that conflict between employees only happens face to face but, as the way we work begins to change you should stay alert to the fact that conflict can still arise in your business even where you have employees working remotely.

With home working set to stay for some and others taking a hybrid approach it’s important to keep an eye out for any issues that might arise between employees and to address any conflict quickly and head on to avoid situations escalating into a formal dispute.

But how do you manage conflict in your business when employees are working remotely, and the typical warning signs might not be as visible?

Be mindful

Everybody has been impacted by Covid and although on the surface people may have adjusted there can still be underlying pressures that could build up over time - as an example and employee who has a partner that is at risk of redundancy or has a vulnerable adult living with them may have outside pressures which mean that their ability to cope with conflict is reduced.

Whilst you can’t be expected to be a mind reader remember that the pandemic is going to impact people in different ways. Individuals’ personal circumstances can also lead to employees looking at their colleagues in a different light with negative thought’s creeping in such as ‘it’s been easier for them’ These types of thoughts can lead to conflict further down the line so if you hear anything like this in your business encourage employees to be mindful of their colleagues circumstances.

Remember our ability to cope with conflict had decreased

After months of being in lock down the isolation from everyday situations can mean that an individual’s capacity to deal with conflict is reduced.

Something which may have been easy enough for an employee to deal with in the past may seem insurmountable to them now so don’t make assumptions based on how you would react to a situation, keep an open mind, and listen to what the employee is telling you so that you spot the signs of conflict early on.

Tackle conflict when is arises

If you become aware of conflict address it head on (as it will only get worse) Start by reaching out to the employees involved and encourage them to have a direct conversation to try and resolve the issues. If that doesn’t work don’t avoid the situation on the basis that the employees aren’t physically in the office together, instead consider mediation and using an impartial 3rd party to help get things back on track as quickly as possible .

Make time for employees to connect

Remote working fundamentally reduces the opportunity for impromptu chats……. the time when you ask about how somebody’s weekend was or ask them for help with an issue……. all the conversations that are key in helping to build meaningful relationships and trust.

The lack of this connection combined with virtual communication can often be the cause of conflict and misinterpretation between employees. Make sure that there are regular times when employees can meet and be together face-to-face such as team lunches or events or try having 15-minute breaks where employees are encouraged to connect online with somebody in the business that they would not normally speak with.

And importantly make sure that managers are having regular contact with their teams where they ask about an employee’s wellbeing as well as work related tasks.

Train your managers

It’s important that the leaders in your business have the confidence and the skills to manage conflict. Consider training for your leaders so that they are equipped to deal with situations as they arise and to reduce the need for external support.

As your business navigates the rest of the pandemic and beyond remember that even though employees may be ‘out of sight’, there is still a real risk conflict can arise and left unresolved workplace conflict can have a serious impact on all of those involved and the wider team including reduced productivity.

For help and support with conflict in your business contact us today.

Top 5 tips on recruiting remotely

gemma@clearbridgehr.co.uk (Gemma Higgins) — Thu, 28 Sep 2023 13:11:05 GMT

Remote hiring like a pro

The COVID-19 pandemic has forever changed the way organisations conduct business, but most affected has been recruitment and hiring. For companies that have never been virtual, implementing a fully remote hiring process can seem daunting, but it doesn’t need to be. Once you get the hang of it, hiring remotely is a super-efficient recruitment method.

Remote recruitment saves you a whole bunch of time and saves both your business and the candidate money. With traditional recruitment, there would be a lot of back and forth in terms of settling on a suitable date and time for an interview, after which the candidate would usually spend significant time and money on travelling to the site for the interview. Remote interviews can be a lot more flexible as they cut out traveling time and cost for the candidate and can be rearranged much more easily than the traditional kind. For the employer, this way of working means that you’re able to fit in several interviews in a day, thus speeding up the process.

Here are our 5 top tips for a successful remote recruitment campaign:

1. Get things right from the outset

A good job description is of paramount importance in the current climate, job descriptions need to work harder than ever to encourage top talent to apply for roles. Think about your employee value proposition (EVP). What is your culture? Why do employees enjoy working

for you? What can you offer in terms o f benefits, flexibility, training and development?

Given you may not be able to meet candidates face to face for the time being, it is vital that the JD tells them everything they need to know about a role, leaving no room for ambiguity. It may be the case that you have had the same JDs in place for quite some time. In this instance, it is crucial to review their content and tone to attract the right talent.

In some instances, it is worth spelling out how the role will work moving beyond the pandemic restrictions. The successful applicant might be expected to work remotely for the first few weeks and months whilst social distancing restrictions are in place. However, a job description should also sell your long-term strategy and overall goals and objectives, as candidates will still be paying attention to this as they look ahead to a life outside of lockdown.

2. Try to ensure a seamless video interview

Even the most experienced hiring manager will need to adapt their approach to interviewing when moving to a remote model. Although many of the video platforms generally offer good visual and audio quality, it will never completely replicate being in the same room as someone, reacting to facial and body language and building rapport.

Whilst it is different, try not to see video interviewing as too much of a barrier. An interview should run in much the same way as it would in person, allowing you to cover off the fundamentals around assessing competencies and asking questions on experience and team fit . Do not be afraid to incorporate an element of informal conversation, just as you would in person to break the ice and get to know a bit more about the candidate’s personality.

Follow a couple of simple tips to set yourself and your candidates at ease:

Provide your candidates with all the information they need in the interview invitation.
Make sure that there’s a plan B, just in case the connection unexpectedly cuts out.
Set up your interview in a quiet space where you won’t be interrupted.
Double check all of your tech before starting the call. This includes both hardware (headphones, mic) and software.
Be the first to show up. Put your candidates at ease by already being present when they join the virtual room.
Ease into the interview with chit-chat.
Establish a clear way for candidates to follow up with you.
If a candidate has technical difficulties, don’t hold it against them.

3. Make it a team effort

Collaborative hiring is a great way of getting your team involved in the hiring process, remote or not. Future teammates will have the opportunity to assess, evaluate, and get to know potential remote hires in the recruitment process. This will help you ensure that the remote hire is a good skill fit, in addition to a cultural fit for their potential team.

4. Utilise other tools to help you make a decision

With companies now looking for more adaptable, relationship-focused employees, incorporating psychometric testing into your recruitment process will provide a reliable indication of that candidate's working style as well as how well they will integrate with the working environment and colleagues.

5. Make a great offer

Once you have identified the talent you want to hire through the interview process, it is important to secure them with a strong offer.

Summarise why they have been selected as the preferred candidate. Additionally, run through the reasons the role fits the candidate’s needs and why. Reinforce that your role is right for them.
Once you have given a summary, confirm how the candidate is feeling about the process and the experience they have had with the company. Ensure that the reasons they want to change jobs in the first place still stand and that this role meets their needs.
Run through the details of the offer including the role and responsibilities, reporting structure, and how the professional will directly contribute to the organisation’s wider goals and objectives.
Finally, share the full salary and benefits package with the candidate including base salary and the monetary values of the benefits on offer..

For more help and support designing and implementing your remote recruitment process, contact us today

Improve your interview process

Wed, 24 May 2023 16:06:10 GMT

Your interview process is the first impression candidates will get of your business and making a good impression is just as important for your business as it is for the candidate. Interviewing is a two-way process and a great first impression will mean you have a higher chance of attracting the best candidates.

Here’s our top tips to consider when you’re recruiting to make sure you leave a lasting impression:

1. Do your preparation before an interview.

Although you will have already reviewed a candidate’s CV before you invited them to interview, it’s always worth reviewing the candidate’s CV again before you meet them.

This final review ensures that you make the most of the time that you have with the candidate, you avoid asking questions that may already be answered in the CV and you can cover any specific concerns you might have.

We would always recommend creating an interview script. This ensures consistency for each candidate, means you can focus on the candidate’s answers rather than thinking of your next question and is great to refer back to when making your final decision.

2. Make sure your interview process reflects the culture of your business.

There is no point having a very formal interview process where you require candidates to dress in a suit and tie if you operate a relaxed working environment with a casual dress code. Remember that candidates are assessing you as much as you are assessing them at interview so make sure they are left with the right impression about your culture and how things work.

3. Never interview on your own.

Tackle unconscious bias by always having more than one person from your business in an interview. You should ideally have the recruiting manager and a team member where possible to negate the personal unconscious bias of any one individual.

Unconscious bias is the natural way in which people tend to favour others who have similar characteristics to their own such as background or education or even something as trivial as dress sense and you must actively seek to ensure it’s not present in your recruitment process. If this does creep in during your interview process it can be bad news for you and your business.

4. Listen to the candidate.

Actively listening and encouraging response through the use of good eye contact and positive body language is essential. It shows you are interested (even if you are not) and will get the best out of your candidates.

Often hiring managers are so focused on what they are going to say next that they miss a key comment by the candidate. You can tell a lot from candidate’s responses so make sure you are paying attention and don’t allow your mind to wonder.

If someone hasn’t given enough information, ask them more questions – why, when, where, how?

5. Confirm next steps.

At the end of the interview make sure you explain what the next steps of the process will be to each candidate, so they know what to expect. Thank the candidate for their time and make a commitment to responding by a specific date. Make sure you stick to this – getting back to candidates when you say you will reflects well on both you and your business.

6. Be consistent.

Whenever you are interviewing for a vacancy, consider implementing a points-based scoring system based on the practical skills required to perform the job.  You can also consider other written or practical tests that focus purely on the capability of a candidate to increase your chances of finding the right person for your business.  Being consistent and taking the same approach with all candidates means that your decision on who to hire will be objective and won’t leave you open to any opportunity for a candidate to claim that they have been treated less favourably.

7. Don’t discriminate.

Make sure you know which questions you can and cannot legally ask a candidate during an interview. Ensure your final decision is based on candidates’ skills and experience only.

At Clear Bridge HR we offer help and support with your recruitment processes including recruitment best practice training, interview script design, interview question banks, assistance with face to face interviews, psychometric testing and much much more .

Retaining Employee Data

Fri, 10 Jun 2022 12:56:19 GMT

Unsure about what you're allowed to keep and how long for? We're here to give you the lowdown on recommended best practice for retaining employee data.

Are you guilty of having employee paperwork saved to your desktop or a drawer full of CVs that you’ve never got around to dealing with? Storing individual’s data in this way could mean that you are breaching the GDPR guidance. The fines can be hefty so if this sounds like you, read on…….

Although the Data Protection Act (DPA) and General Data Protection Regulations (GDPR) do not expressly set out specific minimum or maximum periods for retaining employee data, it is crystal clear that data must not be kept any longer than is necessary for a legitimate purpose and it must not be excessive.

The emphasis is on the employer (the data controller) to have systems in place to determine how long the data should be retained and when records should be destroyed so it’s vital that your business is adhering to the correct statutory retention periods for different document types in order to remain compliant.

A lot of businesses now use HR software to house their employee data and this will often mean that you are compliant with the regulations. However, if you’re not using HR software (or even if you are, but you still have boxes of paperwork stacked in the corner or employee files saved on a shared drive) then now is the time to ensure that the records you hold comply with retention guidelines.

How long should I store data for?

If in doubt you should keep employee records for at least 6 years to cover the time limit for an individual to be able to bring any civil legal action, however the table below summarises the statutory retention periods for the different types of employee data.

Remember that GDPR legislation means that employees can request to view information that you hold about them, even after they have left and it’s for this reason that it is imperative that records are only retained as long as necessary and are accurate.

Get in touch if you have any queries regarding your employee data or if you want to check you are fully compliant.

Nearly time for the Jubilee Bank Holiday

helen@clearbridgehr.co.uk (Helen Durbin) — Fri, 06 May 2022 13:50:52 GMT

Struggling to make sense of the extra bank holiday for the Queen's Jubilee celebrations? Don't worry, here's our quick guide to help!

As we approach the Queen’s Jubilee celebrations at the beginning of June, we thought it would be helpful to revisit the rules regarding bank holidays for both full and part time employees. The extra bank holiday on Friday 3 June is great news but here’s a handy reminder of your contractual obligations to employees as to whether they are entitled to take the extra day off.

Businesses don’t have to offer bank holidays by law, but the most common practice is to include these within the statutory 28 days that a full-time employee is entitled to per annum (so this would be 20 days of annual leave and the usual 8 bank holidays). Some companies choose to offer these in addition to the 28 days, which makes for 36 days leave overall.

The first thing to do is check your employee contracts and/or handbook. The wording used is really important as this will determine if employees are entitled to the extra bank holiday or not this year.

If the contract/handbook states that an employee is entitled to ’20 days holiday plus bank holidays’, they are entitled to the extra bank holiday because the number of bank holiday days hasn’t been explicitly stated as 8.

If, however, the contract/handbook says ’28 days or 5.6 weeks including bank holidays’, the employee isn’t entitled to the bank holiday as the number of days has been specified as a total figure. The same is the case if the contract/handbook states ’20 days holiday plus 8 bank holidays’ because again, the total number of days has been specified.

Regardless of what your contracts or handbook state, most employers will be giving employees the additional bank holiday, but the main thing to remember is that this needs to be fairly applied for all employees, including those who are part time. For part-time employees, we would recommend giving a pro rata holiday entitlement to ensure that there is no risk of unfair treatment.

Get in touch with us if you have any queries about holiday calculations or contract wording, we would love to hear from you!

IR35 - Could it be a hard landing for your business?

gemma@clearbridgehr.co.uk (Gemma Higgins) — Wed, 23 Mar 2022 10:44:21 GMT

The ‘grace period’ for IR35 regulations ends soon - so if your business is engaging with contractors, now is a good time to review and update your status determinations.

April 6 is fast approaching and it’s another important date in the IR35 calendar. This will mark the end of the so-called ‘soft landing’ for businesses in the private sector, the 12-month grace period during which HMRC said they would not issue financial penalties for inaccuracies, regardless of when inaccuracies were identified, unless there is evidence of deliberate non-compliance.

As HMRC's transition from education to enforcement approaches, the question arises - is your business ready for greater scrutiny?

What is IR35?

IR35 was first introduced in 2000 in public sector organisations and was designed to reduce tax avoidance by contractors whom HMRC believe to be ‘disguised employees’. This means people who work in a similar way to full-time employees but bill for their services via their limited companies (ultimately to make their business as tax efficient as possible).

From 6 April 2021, private sector businesses also become responsible for assessing the employment status of the off-payroll contractors they engage (i.e. anybody not being paid via the normal payroll channel).

Medium and large businesses in the private sector that contract with intermediaries for the provision of an individual’s services now have to account for tax and national insurance through PAYE if the underlying relationship between the end user and the individual would be one of employment. However, the reforms do not impact the smallest businesses. This means that where a company satisfies two or more of the following requirements they are deemed as a small business and sit outside the scope:

· an annual turnover of not more than £10.2 million

· a balance sheet total of not more than £5.1 million

· no more than 50 employees

What do the rules mean?

In essence, the rules require an end user client to determine the employment status of an individual supplied via an intermediary. They will then have to communicate this determination and written reasons directly to the party that it directly contracts with and the individual themselves. If the end user client determines that, but for the intermediary, the individual would be an ’employee’ of the end user for tax purposes, the end user will need to account to HMRC for Income Tax and National Insurance contributions (both employer and employee) on any fees it pays to the intermediary (excluding VAT). Historically, the responsibility lay with the intermediary, so this was a significant shift.

What to do now?

If you’re not a small business owner in line with the above and have been impacted by the reforms, then we would suggest that your next steps are to revisit the approach you've taken up to now and check the determinations you've made to ensure you are happy to justify these as suitably robust.

If you are worried that there may be vulnerabilities in your business, contact us today for a free, no obligation chat.

Government ends all legal restrictions

helen@clearbridgehr.co.uk (Helen Durbin) — Thu, 24 Feb 2022 16:29:33 GMT

This week saw the government announce the formal end of all legal Covid restrictions in England, issuing new guidance in their ‘Living with Covid’ plan. So what do you need to know for your business?

Here are the main headlines to be aware of.

From today:

people with Covid are not legally required to self-isolate
those who test positive are advised to stay at home and avoid contact with others for at least five full days
self-isolation payments of £500 for people on low incomes will end
routine contact tracing will end – close contacts no longer advised to self-isolate or take daily tests
workers are not required to tell their employer if they need to self-isolate

From 24 March: Covid provisions within Statutory Sick Pay and Employment & Support Allowance regulations will end.

From 1 April: free symptomatic and asymptomatic testing will end for most people, although it will still be available for the elderly/most vulnerable. Covid passports will no longer be recommended except for international travel.

Until 1 April, people who test positive for Covid are advised to stay at home, but beyond this date, the government are encouraging those with Covid symptoms to exercise personal responsibility.

In some respects, this all shouldn’t come as a huge surprise; ministers had warned that the rules could end before the planned date of 24 March. Hospital cases are continuing to fall and, whilst cases remain high, death rates haven’t increased beyond what is normally seen in a typical winter. Uptake of the vaccine has boosted population immunity, and there are more treatment options now as compared to the first outbreak. It seems that, certainly for England, we are now at the point where Covid is going to be treated like any other common illness.

For some, this will be a welcome return to ‘normal, pre-pandemic’ life, but for others it will be a time of anxiety and uncertainty as the community testing system is disassembled and responsibility becomes very much a personal decision. Chief scientific adviser Patrick Vallance has spoken of the continuing evolution of Covid and to expect further variants of the virus which could be more severe than those we’ve already experienced.

In a business context, the early relaxation of the rules poses some difficult questions for employers as it comes a month earlier than planned. Employers still have a legal duty to manage risks to their employees. Remember, if an employer fails to take reasonable care, an employee may be able to make several claims, including resigning and claiming constructive unfair dismissal and personal injury.

We recommend taking the following action:

Review your health and safety risk assessment , making sure you have taken reasonable steps to mitigate any risks you identify. This could be regular cleaning of shared spaces, ensuring good ventilation and encouraging good personal hygiene.
Make sure you have a company-wide policy about what to do if an employee suspects they have Covid or if you have several cases within a team. You will want to make sure there is a consistent approach and managers are clear on the agreed course of action.
Clarify company expectations for those who contract Covid but are still able to work at home
Clarify the self-certification rules for those who catch Covid and are too unwell to work
Consider an employee survey to gather information on who might be feeling nervous about the end of Covid restrictions and the impact this might have on them at work.

For more advice, please get in touch with your HR Partner or contact us on hello@clearbridgehr.co.uk for more support. We would love to hear from you!

Return to work (again)

katy@clearbridgehr.co.uk (Katy Cracknell) — Fri, 11 Feb 2022 14:45:59 GMT

What is the best approach for your business?

With the Government announcing that people are now able to return to their workplace, employers across the country now have to consider how they manage their employee’s return to work successfully whilst complying with the current Covid guidelines. Experts are urging caution as we return to Plan A, but what does that look like for your organisation?

It is important to consider how the return to the office will work in practice at this stage in the pandemic. Make sure you’re ahead of the game when it comes to reopening the office so that your employees feel confident in your decisions. Read more about what you should be considering here .

The Government has released new guidance on how to work safely during the Coronavirus pandemic now we are returning to Plan A, but is this enough? For example, part of the relaxation of rules specify that face coverings will no longer be legally required in England, although government advice is that people continue to wear them in enclosed and crowded spaces and when in contact with new people. Every business is unique and office locations, layouts, functions and many more nuances need to be taken into consideration to ensure that your employees remain safe and protected.

So how can you make sure your employees feel safe enough to return to the workplace? It’s fairly simple really… Ask them!

It doesn’t have to be complicated and conducting an employee survey is the best way to identify what worries and concerns your team have about returning to work and gives them a chance to share ideas they have on how to make it a success. A team whose opinions and suggestions are heard and valued by their employer will be much more engaged and supportive.

Online surveys are easy to set up, but the questions asked need to be considered to ensure that you get meaningful information from your results. Studies also show that employees give more truthful answers when the survey is anonymised and managed by a third-party and this is where we can help!

At Clear Bridge HR we have been supporting our clients by managing bespoke Return to the Workplace Safely surveys and providing full analysis and recommendations on how to manage a return to work for employees whilst mitigating any risks.

The data gathered from these surveys is the best starting point when it comes to formulating a plan that is unique and specific to your business and employees.

If you would like to run a Return to the Workplace Safely survey for your business, please contact us today. Engage your team – you’re all in this together!

Remote Performance Reviews

Mon, 06 Sep 2021 11:56:34 GMT

A Manager's Guide

Performance reviews and productivity conversations have always been an important part of any business but, with many employees still working from home and lacking that face-to-face contact with their manager, they are now even more critical than ever.

With a virtual workforce becoming more commonplace, read our top tips on how best to conduct a remote performance review with your employees and ensure that their engagement in your business remains high…

Be prepared

Fix a date in advance and try to stick to it wherever possible. Performance reviews are important, and your employees are important – make sure they feel that way and try not to re-schedule.

Send an agenda well ahead of time that outlines the key topics of conversation and identify any necessary steps that need to be taken before the meeting. This will help employees feel more at ease and allow them to better prepare.

Gather feedback from other appropriate colleagues in advance to get a broader picture of your employee’s performance in all aspects of their role.

Use video

Although we are all experiencing video call fatigue by now, it is important you use video for this meeting rather than a telephone call. This provides the opportunity to maintain eye contact and read body language during the review process, providing further insight into your employee’s reactions and engagement.

Set the tone

Make sure your employee feels at ease and explain that this is a two-way conversation to help identify strengths and weaknesses, recognise accomplishments, and agree on goals for continued success.

This year has been challenging for many people, whether they’ve been directly impacted by COVID-19 or not, so be sure to show compassion during the meeting. Maybe this year’s performance reviews shouldn’t be based on KPIs and numbers alone. Consider your employee’s personal circumstances and the challenges the business has faced as you give your review.

Look to the future

One of the most important aspects of an employee’s performance review is goal setting. Work toward career advancement opportunities and future goals should not be put on hold, and you should work to establish specific goals providing clarity on how to achieve them.

Look at the priorities you set before the pandemic. Have goals shifted? Did your business pivot this year during the pandemic? You’ll need to set new goals based on the current situation. In addition, goal setting should include plans for professional development, so the employee continues to acquire new skills and feels confident that their career is moving forward.

The goals and objectives established during employee performance reviews should align with the corporate mission and values. This helps to maintain a strong culture focused on attaining overall company goals that lead to individual, team and organisational success.

When successfully conducted, remote employee performance reviews can help promote the development of employee skills and talents, improve levels of engagement, and increase organisational productivity.

For help with your employee performance review process contact us today to see how we can help.

Can I incentivise employees to return to the office?

Thu, 12 Aug 2021 12:00:42 GMT

As the summer holidays draw to a close research shows that many businesses that haven’t already returned to work will do so from September. With the ongoing challenge of how to approach those trickier situations where employees don’t want to return to the office is it really possible to incentivise employees to come back to their desks without landing in hot water?

Let’s start with the legal position on this topic……. legally you can offer incentives for those returning to working BUT there are many things that may make you think twice before considering this approach including the damage it can do culturally and the risk of employment tribunal if you don’t get it right.

We have already seen some imaginative ideas including Bloomberg offering its 20,000 world wide employees £55 per day to cover travel and Blackstone covering taxi costs for workers in London and New York. However, these types of incentive do beg the question……if an employee is genuinely concerned enough about their health and safety to tell you that they don’t want to come to the office will a free journey to work or a free lunch really make a difference? And even if it does work won’t you simply be brushing the real reason that employees don’t want to return under the carpet?

With one of the most Googled questions of late being ‘can my employer make me come back to work’ make sure you are ahead of the curve and ask yourself why it is that you need employees back in the office and how you can make the transition as easy as possible (for the employees sake as well as your businesses) For some this will be straight forward and the answer is simply that the work cannot be done from home, but for those employers who don’t have a clear cut answer now is the time to sit down and consider your approach.

You’ll know from your own experiences that there is already a strong argument in place for those individuals wanting to remain at home as they have proven over the past 18 months that it can work (we suspect you’ve already similar conversations with your own employees) It’s a lot to think about and with a large proportion of employees still feeling nervous about returning to the workplace it’s important to strike a balance between your business needs, supporting employees and protecting yourself from any potential employment claims.

So, if you are yet to return to the workplace and are considering incentivising employees a word of caution from us….…when it comes to treating employees differently there is a risk of a potential discrimination claim being made against your business. Specifically, any less favourable treatment which may be associated with protected characteristics under the Equality Act 2010 (such as Sex, Race or Disability) may lead you into hot water. As an example, if an employee is reluctant to return to work because of an ongoing medical issue it may be categorised as a disability and treating them any less favourably (such as not giving a bonus to them as they are not in the office) would be considered discriminatory.

Finally, remember that informal flexible working arrangements are different to formal requests made under the Flexible Working legislation so you must be careful to treat the 2 differently and ensure this is clear in your policies and process documentation and importantly, if you have asked employees to return to work and they haven’t done so without reasonable explanation this is considered as AWOL and unauthorised absence and can in some cases be dealt with under your disciplinary process.

For help and support with transitioning back to the workplace please get in touch with us today.

Developing your culture in an SME

Wed, 04 Aug 2021 06:13:34 GMT

We’ve all seen the pictures from the giants showing slides, sleeping pods and fully subsidised cafes (and if we’re honest it looks amazing!). But let’s be realistic, for small businesses who don’t have large budgets and a dedicated HR team, introducing these types of initiatives can be near on impossible, combine this with the fact that many businesses have moved to a hybrid model of working or have taken it one step further and are working remotely the challenge of building your company culture can present some challenges.

Company culture is pivotal to business success, both large and small and, for small business owners who need to stand out in the market, it’s even more important to have a great company culture that you can shout about. Getting it wrong (or worse still, not addressing your company culture when you know that things aren’t right) can have a detrimental impact and increase stress levels amongst employees.

As always, here at Clear Bridge HR we want to help keep things simple so here are our top tips on developing a culture in your business:

Start at the beginning

Unsurprisingly this is the part of the process that most businesses owners fall down. It can be a daunting process looking at a blank piece of paper and trying to define what you want your culture to be. You could start by asking a few simple questions such as why do we do what we do (i.e. why does the business exist?) and what do you believe in (i.e. what are your values?) These types of questions will help you to formulate what exactly it is you are trying to achieve and set you on the right path to define your company culture and values.

Live and breathe your values

Once you’ve decided on your values and communicated these to your employees, make sure you don’t stop there. Simply hanging your values on the office wall or adding them to your website won’t cut it! You need to ensure that your values are a part of your everyday employee experience. For example, having annual awards based on your values where employees have the opportunity to nominate their colleagues is a great way to ensure that your values aren’t forgotten and aligning values to the processes that allow you to assess employee performance.

It’s not all about the money

Don’t let the perceived costs associated with building a culture put you off. Sadly, it’s true that we can’t all afford to provide a subsidised café or free yoga sessions for our employees but there are many things that you can implement for free which can have a positive impact and since the pandemic we’ve seen all kinds of creative ideas such as walking meetings, coffee and doughnut deliveries to employees before an all company call…..be creative and think about what you can do that will help build a foundation for the type of company you want to be.

It’s also not all about freebies!

Free perks are great (fruit, lunch, beer fridge, pool tables etc.) but this will only engage employees for so long. Ultimately your employees will want to know where the business is going and how they are contributing to getting it there. This means communicating regularly and effectively with your teams through team updates, feedback sessions, performance management processes and so on. Without this there is a higher chance that your employees will become disenchanted and leave!

Make sure you are hiring the right people

The people that you hire in the early stages of your business not only impact your business growth but will also directly impact how your culture develops.

Don’t be tempted to overlook the importance of a candidate’s impact on your culture when interviewing . Yes, skills and experience are important but make sure you look at all aspects when assessing your candidates. We’ve seen many clients have longer term success when they don’t hire the candidate that is a 100% match to the skills and knowledge requirements, but instead hire the candidate with a 75% skills and experience match but who’s a good cultural fit. It’s these types of individuals that will be able to grow with your business (but remember to not recruit clones as this will stunt your business in the longer term)

Break the mould!

Although it’s always tempting to go with what you know , try to avoid hiring a mini me! You should always be on the lookout for individuals that will bring diversity to your business, whether that is with their opinions, experience or background. Always keep an open mind and push yourself to consider candidates that will bring something new to the company dynamic. This approach will mean that you are bringing diversity to your culture.

And finally...

Remember that each and every business has its own unique culture and it should be developed from the very nuts and bolts of what you do. Culture matters right from the beginning so be intentional about it and make sure that you build your business around the culture you want to cultivate.

If you are struggling to get off the starting blocks when defining your company culture or if you know the culture you want to achieve but need help implementing it within your business, contact us to see how we can help .

How should you manage long-term absence?

Mon, 19 Jul 2021 17:29:27 GMT

Long term employee absence is usually defined as lasting at least four weeks and comes with a significant cost to your business. It is important that you properly manage absence and support your employees with health issues to stay in or return to work. Developing an effective return-to-work programme and offering flexible working where possible form part of an attendance management strategy. It is important to remember that most absence is genuine and that employees often need support in their recovery.

Effective attendance management involves finding a balance between providing support to help employees with health conditions stay in and return to work and taking consistent and firm action in the minority of cases where employees could try to take advantage of your organisation’s occupational sick pay scheme.

Long-term absence can be challenging to manage as the longer someone is off sick, the harder it can be for them to return to work. Consequently, it is vital that you keep in touch with absent employees in a sensitive way and have a formal return-to-work strategy in place for those returning after a long-term absence. Awareness of potential disability discrimination issues is also crucial, and you should have a disability leave policy that treats absence linked to someone’s disability as distinct from sickness absence.

The role of the manager is vital in managing long-term absence, but other interventions are also important. These include:

Proactive measures to support employee health and wellbeing.
Return-to-work interviews that are supportive and discuss ongoing adjustments where needed.
A supportive case management approach, for example involving an HR partner, occupational health services and the individual’s manager.
Risk assessment to help return to work after long-term absence.
Changes to work patterns or environment, including flexible working.

There are five typical elements in the recovery and return-to-work process:

Keeping in contact with unwell employees, in a sensitive manner, to help prevent them feeling isolated.
Planning and implementing workplace adjustments where necessary, in collaboration with the individual.
Accessing professional advice and treatment.
Planning and co-ordinating a return-to-work plan.
Regular evaluation with the employee about how they are adjusting to being back at work.

For help with your attendance management strategy and/or disability leave policy, contact us now to see how we can help.

Changes to Right to Work Checks

Wed, 30 Jun 2021 08:53:25 GMT

Right to work checks for EEA citizens change with effect from 1st July and with no requirement to conduct a retrospective check for those who commenced employment up to and including 30th June 2021. So what do employers need to do next?

In short, if you completed a right to work check for a new hire pre 1st July 2021 (and have a record of this) you do not need to complete retrospective checks and, you will maintain a continuous statutory excuse against liability for a civil penalty should you discover that an employee does not have the right to work in the UK.

You can still choose to carry out retrospective checks but if you do you must ensure that you do so in a non-discriminatory manner, this means that you must apply the same approach consistently in your business.

From the 1st July, when hiring individuals from outside the UK, most EEA citizens will prove their right to work using the Home Office online right to work service. This means that they will have been granted their immigration status digitally and can only prove their right to work using Home Office online service.

In order to verify their status they should provide you with a ‘share code’ and their date of birth which will enable you to check their Home Office immigration status via the online service.

Where this ‘share code’ is not available individuals must provide you with at least 1 of the following

A passport (current or expired) showing the employee is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK
A passport or passport card (current or expired) showing that the holder is a national of the Republic of Ireland
A current document issued by the Home Office to a family member of an EEA or Swiss citizen, and which indicates that the holder is permitted to stay in the United Kingdom indefinitely
A document issued by the Bailiwick of Jersey, the Bailiwick of Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service
A current Biometric Immigration Document (Biometric Residence Permit)
A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK
A current Immigration Status Document issued by the Home Office
A birth or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
A birth or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.
A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a government agency or a previous employer.

We’d recommend conducting an audit to ensure that you have the correct right to work checks for all employee and where there are any gaps, ask for the relevant document as a matter of urgency.

For help and advice on Right to Work Checks in your business contact us today.

How To Onboard Remote Workers

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 27 May 2021 14:23:34 GMT

Has the pandemic left you with the head scratcher of how to effectively onboard remote employees?

You don’t need us to tell you about the impact that the pandemic has had on how and where your employee base works, how you recruit and how you onboard remote workers.

For many business owners the decisions they have made in the last 12 months about how they run their businesses means that for many, remote onboarding is here to stay.

There is no one size fits all but here’s our top tips on what to consider if your business has to onboard a new hire remotely.

Use an online tool to send out your contracts of employment to speed up the time-consuming process of sending them in the post (and because not everybody has a printer at home) and to make the process less onerous.
Make sure that there isn’t radio silence between when an employee receives their contract of employment and their first day of employment. Schedule in regular catch ups so that you can check that they have everything they need and so that they start to feel part of the team. If you can also consider inviting them to a team meeting so that they can meet everybody before their first day.
Remember that your Right to Work checks can be done online, over Zoom, until 21st June 2021. After this date they will have to be done in person (although there is a call for digital checks to be allowed on an ongoing basis so watch this space)
Make sure they have all their equipment in advance of their first date of employment and set up some time with IT on their first day so that they can check that everything is working as it should be.
If you can, schedule your new hires to join on the same day so that they can share their onboarding journey with a colleague. If this isn’t possible them assign them a buddy so that they have somebody they can ask when have any questions.
Create video content to be shared with new joiners (and your existing employees) Providing a suite of content such as business updates and where the business came from and its purpose will mean that new joiners can find out more information about the company at their own pace. Why not go one step further and ask each department to do a short video introduction on their team and how they fit into the business.

Remember that when employees are being onboarded remotely, they won’t have the luxury of leaning over to their colleague and asking, ‘how does this work?’ We take for granted how vital this interaction is when an employee is getting up to speed in a new role and so as best as you can try to replicate this in other ways.

For help and support with your remote onboarding contact us today.

How are your team members feeling?

gemma@clearbridgehr.co.uk (Gemma Higgins) — Sun, 09 May 2021 09:00:02 GMT

Have you asked them?

Our working lives were changed enormously when lockdown started. As lockdown eases, our working lives will change again.

For many people coming out of lockdown is not a choice. Across the country people are being called to return to work and the prospect of returning carries with it a need to weigh up the potential safety risks, with the need to earn money, restart the economy or provide service to others.

People may have a lot of mixed feelings about returning to work – it may be exciting and something they’ve wished for or they may be angry that they are being forced back too fast. They may be worried about public transport and social distancing on the job. They may be or angry or frustrated with their employers, or at the guidelines available from government for their industry. It may be that the circumstances of their work cause them anxiety or frustration– especially if other people’s choices or behaviours increases their risk of catching the virus.

As with any period of intense and unrelieved stress, when the stress is lifted, there is sometimes an impact on physical or mental health. It’s possible that as lockdown eases, people may realise how hard it has been and may get unwell, or feel low.

It’s important that you check in on your team , whether they are at home or in the workplace, to see how they are feeling. Make sure you are approachable, so they feel they can talk to you if they are struggling.

You know your team well so here are some changes to look out for that might be a sign of poor mental health :

poor concentration
being easily distracted
worrying more
finding it hard to make decisions
feeling less interested in day-to-day activities
low mood
feeling overwhelmed by things
tearfulness
tiredness and lack of energy
sleeping more or less
talking less and avoiding social activities
talking more or talking very fast, jumping between topics and ideas
finding it difficult to control your emotions
drinking more
irritability and short temper
aggression

However, noticing some of these signs doesn’t mean you should make assumptions about what mental health problems your employees may have. Instead, use them as a way of noticing when you should start a conversation about how your employee is coping.

The NHS has a directory of mental health support contact details . These mental health charities, organisations and support groups can offer expert advice.

Annual Spring changes to employees statutory payments

Thu, 29 Apr 2021 13:02:40 GMT

Each year in April the Government review and increase statutory payments and this year the increases are lower than expected (in some cases it’s only an increase of pence). This is likely to be a direct result of the coronavirus pandemic and the Governments wider plans to recoup money paid out via the Furlough Scheme, loans and other initiatives put in place over the past 12 months.

The changes became effective in early April and are:

From1st April 2021 the national living wage (NLW) rate will increase from £8.72 to £8.91 and importantly the NLW which is currently only applied to those aged 25 and will extend to include 23 and 24-year-olds.

At the same time the minimum wage rates will increase as follows:

21-22 Year Old £8.36

18-20 Year Old £6.56

16-17 Year Old £4.62

Apprentice £4.30

From 4 ^th April 2021 the weekly rate of statutory maternity, paternity, adoption, shared parental and parental bereavement pay increases from £151.20 to £151.97 (this is the rate that applies after the first 6 weeks of pay at 90% of the employee's normal weekly earnings)

From the 6 ^th April 2021 the weekly limit on statutory redundancy pay increases to £544. This means that when making an employee redundant on or after 6 ^th April 2021 their weekly pay is capped at this amount regardless of if their actual salary is higher than this.

And finally, from 6 ^th April 2021 the weekly rate of statutory sick pay increases from £95.85 to £96.35.

What should you do now?

If you have any employees that are currently in receipt of statutory payments (including maternity leave, paternity leave, adoption leave, shared parental leave, parental bereavement leave and sick leave) you must make sure that their payments are adjusted in line with the new statutory amounts.

Similarly if you have any employees in receipt of minimum wage or the NLW wage you must ensure that their salaries are increased accordingly and don’t forget that from 1 ^st April the NLW is extended to 23 and 24 year olds as well.

What are the current furlough scheme rules?

katy@clearbridgehr.co.uk (Katy Cracknell) — Mon, 19 Apr 2021 08:21:29 GMT

After many changes and extension to the Furlough Scheme since it launched in March 2020 (we can’t believe it’s been that longer either!), it’s easy to get confused with the current rules and those which will apply until the scheme ends on 30th September 2021.

To make life a little easier we’ve taken a look at the current scheme rules and the differences from the previous schemes…….

Who is eligible?

Under the current scheme rules employers do not need to have used the furlough scheme previously and employees do not need to have been furloughed in the past to be eligible for Furlough. However, there are some limitations to be aware of:

1. For any claims that you make for periods ending on or before 30th April 2021, you can only claim for employees who were employed on 30th October 2020 (as long as you have made a PAYE Real Time Information submission to HMRC between the 20th March 2020 and 30th October 2020 for that employee)

2. From the 1st May 2021 onwards you can claim for employees who were employed on or after 2nd March 2021.

Are there any limitations?

From 1st November 2020 the scheme rules were amended which means that there is currently no limit on the number of employees that can be placed on furlough. There is also no minimum timeframe that an employee must be on the furlough which means that an employee could be on Furlough for a week, a day or an hour at a time.

What are the payment terms?

Until the end of June 2021 the government will contribute 80% of employees’ usual salaries for any hours not worked, up to a maximum of £2,500 per month. Employers will have to pay employer National Insurance and pension contributions.

Then from 1st July 2021 the government contributions will reduce from 80% to 70% up to a cap of £2,187.50. Employers will continue to pay national insurance and pension contribution and importantly the employer will also have to pay 10% of wages to make up the 80% total up to a cap of £2,500.

Finally, from 1st August 2021 the government contribution will drop further to pay 60% of wages up to a cap of £1,875 with employers having to pay an additional 20% to top up the 80% total up to a cap of £2,500.

When the scheme closes on 30th September employers will then bear all of the employee costs and so if you haven’t already done so already now is the time to consider this and budget for additional costs where you currently have employees on furlough.

What records do I need to keep?

You must keep a record of letter that you sent employees confirming their period of Furlough and this written record must be kept for five years (this is because HMRC will be investigating claims once the scheme closes). If you need any help in putting the correct paperwork in place, please get in touch with us today.

National Minimum Wage and National Living Wage – what’s the difference?

katy@clearbridgehr.co.uk (Katy Cracknell) — Mon, 12 Apr 2021 14:00:59 GMT

We get lots of enquiries and queries relating to the National Minimum Wage (NMW) and the National Living Wage (NLW) and in this blog we’ll address the differences between the two. We will also highlight some of the important things to remember if you are paying your employees either the NMW, the NLW or close to it.

The NMW regulations were introduced in 1999 and have now been place for over 20 years (for those of us that remember the introduction of these regulations it feels like an eternity ago!) Next, in 2016, came the National Living Wage (the obligatory minimum wage paid to workers in the UK who are aged 25 and above) which has now been extended to include those who are age 23 and over.

But what is the difference between the NWM and the NLW? It can seem complicated but actually it’s fairly straight forward.

Let’s start with the NMW. The NMW is exactly what is says and is the minimum pay per hour workers are entitled to by law (meaning that all employers are legally obliged to pay it regardless of their size). Workers includes all employees and workers: part-time, flexible and agency workers and those working under apprenticeship schemes. There are different rates for each age group and the government sets and reviews theses rates on an annual basis.

Next let’s consider the NLW. In short this is the highest band of the NMW which you must pay if an individual is aged 23 or over. Basically, the Government’s NLW is actually just a new minimum wage for workers over the age of 23.

There is just 1 thing to be cautious of and this is to not to get the NLW confused with the Living Wage as the 2 are different. The Living Wage is an amount which is set by the Living Wage Foundation, applies to all workers over 18, is voluntary and has 2 rates (a UK and a London rate)

What are the pitfalls to look out for?

Most of the challenges that we have come up against have not been deliberate attempts to avoid paying NMW or NLW, but instead, have been born from a lack of understanding of the payments structure or the wider considerations when looking at how you are paying workers to ensure that they do not fall below the NMW.

One of the biggest pitfalls when looking at NMW is making sure that you take into account other deductions that you may be making from an individual. As an example, if you are paying NMW to an individual and then make a deduction from their salary for a uniform, this may mean that their salary drops below the NMW threshold, leaving you falling foul of the law.

What are the penalties?

Penalties for non-compliance can be high and can include repayment of any underpayments and fines but in extreme breaches can include disqualification as a company Director and public naming and shaming (nobody wants that!)

How to ensure you’re compliant

If you are paying workers the NMW or NLW or near to it, make sure you are paying the required amounts in line with current legislation. If you are in any doubt, contact us for a chat .

In addition, ensure that you track the annual changes to the NMW and NLW and alter your payroll in line with these changes. If you want to take the pressure off worrying about legislative updates, sign up to our Evolve package today and we can ensure that you’re compliant, not only today, but also for all future changes.

Top 10 Hacks To Help Manage Remote Teams More Effectively

katy@clearbridgehr.co.uk (Katy Cracknell) — Fri, 29 Jan 2021 09:47:00 GMT

Many of us have learnt over the past 12 months that it can be challenging managing a remote team and, as a leader, it can provide you with your fair share of headaches.

Here are out top 10 hacks to help you manage your remote teams a little more effectively.

1. Agree ways of working with your team and be clear about how you will keep each other updated and how frequently.

2. Outline your expectations and trust your employees to get on with their work without micromanaging them. Focus on results rather the level of online activity and remember that the majority of people can be trusted. Where you feel that somebody is taking advantage deal with this on a case-by-case basis.

3. Make sure that your employees have the right equipment and support that they need. This isn’t limited to laptops and the typical IT items but should include mentoring and knowing that there is a virtual door open for them if they have any issues or concerns.

4. Have a daily team call or huddle to ensure that the entire team is keeping connected and so that individuals are connecting on a regular basis. It doesn’t need to be a long meeting but keeping it regular is key.

5. Agree how you will measure individuals progress and success and remember that working long hours does not necessarily mean that employees are being effective.

6. Working from home means that picking up information in passing becomes a lot more challenging. Make sure that you are sharing information on a regular basis and encourage your employees to do the same so that you can continue to learn and improve collectively.

7. Communicate regularly and not just when things go wrong and, focus on well-being by making time for more informal conversations with the team whether this be 1 on 1 or in a wider setting.

8. Be aware of the language that you are using in your communications. When employees are more isolated, they can become more anxious and an email that you think is constructive and positive can easily be misinterpreted by employees.

9. Read between the lines! Not being in the same physical space as employees means that you can’t interpret their body language so, listen for changes in tone so that you can home in on what isn’t being said.

10. Keep to your usual routine and where possible continue to have regular 1-2-1’s, team meeting and performance reviews. Maintaining a sense of structure and continuity for employees is crucial.

For help and support managing remote teams in your business get in touch with us today.

Are your team feeling mentally okay?

gemma@clearbridgehr.co.uk (Gemma Higgins) — Sun, 10 Jan 2021 10:00:01 GMT

Have you asked them?

Whether or not Christmas is part of someone’s life, their mental health might be affected by it happening around them. It's a time of year that often puts extra pressure on people and can affect mental health in lots of different ways.

After Christmas, January can be a gloomy time for people, the fun of Christmas and New Year’s Eve are over, it’s cold, dark and rainy and it feels like an eternity until the next pay cheque is coming. Add into the mix another national lockdown which can bring loneliness, home schooling stress and even more anxiety about the spread of the virus and life can seem pretty bleak for some.

It’s important that you check in on your team to see how they are feeling. Make sure you are approachable, so they feel they can talk to you if they are struggling.

You know your team well so here are some changes to look out for that might be a sign of poor mental health :

• poor concentration

• being easily distracted

• worrying more

• finding it hard to make decisions

• feeling less interested in day-to-day activities

• low mood

• feeling overwhelmed by things

• tearfulness

• tiredness and lack of energy

• sleeping more or less

• talking less and avoiding social activities

• talking more or talking very fast, jumping between topics and ideas

• finding it difficult to control your emotions

• drinking more

• irritability and short temper

• aggression

However, noticing some of these signs doesn’t mean you should make assumptions about what mental health problems your employees may have. Instead, use them as a way of noticing when you should check in and start a conversation about how your employee is coping.

The NHS has a directory of mental health support contact details . These mental health charities, organisations and support groups can offer expert advice.

2020, The Year That Took Us All By Surprise

katy@clearbridgehr.co.uk (Katy Cracknell) — Mon, 14 Dec 2020 18:30:27 GMT

It’s been an interesting year of ups and downs and like most of you we’ve had days when we’ve been reduced to tears of frustration wondering how on earth we’re going to make it to the end of the week, combined with moments of joy where we’ve had some real successes.

As 2020 draws to a close here’s the learnings we’ve had this year which we’ll be taking forward into 2021 to make us even stronger.

We are highly adaptable and agile

This year has not given us the luxury of time to sit and dwell on things, we’ve learnt that there are huge gains to be made by making quick decisions and not over thinking things.

We already know that as a small business we have the ability to utilise our learning to adapt quickly, and we’ve harnessed this throughout 2020. With all of our client delivery being forced to move online we’ve adapted at pace to ensure that we maintain our relationships with our clients and continue to deliver exceptional services.

In addition, in something which goes against the grain of everything we know and love, we have onboarded new clients without the need for face-to-face meetings (something which we were nervous about initially) With new processes in place and a little bit of tweaking we’ve introduced remote onboarding for our newest members and still built great working relationships which we’ll continue to build upon in 2021.

Our mental health is top priority

We’ve always taken care of our mental health and wellbeing, but we’ve put more of a focus on it this year and will continue to do so in the future. We make sure that we regularly take time away from our desks to de-stress and get outside and, our working hours have become much more flexible with the added benefit of making us more available to our clients when they need us the most.

It’s normal to feel like you can’t do it all

In the year that saw many people’s children put in guest appearances on Zoom, many of us have had to juggle the day job with home schooling, being a dinner lady and managing after school club activities. At times we’ve all felt the pressure but as a team we’ve realised that it’s OK to admit that you can’t do it all and that we’re not superhuman. We’ve supported one another when we’ve had days where we’ve felt like we’re a terrible boss/employee/Mum/Dad/wife/husband/son/daughter/friend. And we’ve embraced that we can’t do it all and that’s OK!

We should all know our purpose

We all know why we get out of bed in the morning and go to work, right? Well for us it’s more than just the motivation of money, we want to ensure that we are devoting our working week to a cause that we fully understand and truly believe in.

As we’ve welcomed more Evolve members to the Clear Bridge HR family this year we’ve ensured that we still know the answer to the question ‘why’ are we doing this?

Our focus and purpose is to be an outstanding HR partner for our members, something which was reflected in our most recent members survey in which 100% of our Evolve members gave us 5-star ratings.

We’re not in this alone

Finally, we could not have got through this year without the ongoing support of our amazing clients (a massive shout out to you all!) In a year where our most used over used phrase has been ‘we don’t know’ (mainly thanks to the late release of guidance documents from the government on furlough, flexible furlough…. the list goes on….) our clients have been patient and understanding and for that we are eternally grateful.

So, as we sign off for 2020, we’d like to wish all of you a very Merry Christmas from the Clear Bridge HR Team and we look forward to working with you in 2021.

The news rules for EU workers from January 2021

Mon, 30 Nov 2020 14:59:43 GMT

From 1st January 2021 the rules on sponsoring EU workers will change and those wishing to live and work in the UK will have to apply for sponsorship from their prospective employer. Are you ready for the changes?

As the UK moves away from the current complex system towards an Australian-style points-based system, this will mark the most significant development in the UK’s immigration law in over 40 years. But what should employers be doing to prepare for this change, and what do they need to know?

Here’s our checklist to ensure that you’re ready for the 1st January changes:

Complete a workforce audit analysing the nationalities of employees in your business. If you rely on EU workers and want this to continue those EU workers will have to apply for settled or pre settled status by 30th June 2021. Remember though that it’s the responsibility of the individual to make their application to the scheme, which means that you cannot ask them to apply and cannot check that they apply.

Consider your future needs and if your business is likely to need to fill a skills gap by recruiting a foreign national start the process sooner rather than later. You will need to apply for a sponsorship licence and this process can take a while so it’s best to get prepared before you break for the Christmas period.

There will be no requirement to complete a Resident Labour Market Test (RMLT) This means that you will no longer have to advertise a position and confirm that you have been unable to fill the position by a UK National before making a job offer (sighs of relief all round as this part of the process was particularly laborious)

The minimum salary levels have been reduced and the current minimum salary payable of £30,000 per annum has been reduced to £25,600 per year (with further flexibility if you want to sponsor an individual under 26 or somebody switching from a student visa)

There will be no cap on the number of workers that you can sponsor and employers will be given a certain number of certificates every year depending on their recruitment needs.

Sadly, none of us can be completely prepared for what will happen at the end of the transition period next year but, the best way to prepare is to do as much forward planning as possible. So, if you haven’t already done so already now is the time to start to review your businesses needs for 2021.

Gender Identity In The Workplace

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 19 Nov 2020 12:06:54 GMT

In 2020 we saw a landmark case upheld against Jaguar Land Rover Ltd which saw an employment tribunal determine that the protected characteristic of ‘gender reassignment’ under the Equality Act 2010 includes protection for non-binary individuals.

The case involved Ms Taylor, an employee at Jaguar Land Rover who worked as an engineer for almost 20 years. She previously presented as male but in 2017 began identifying as gender fluid/non-binary and from this time Ms Taylor usually dressed in women’s clothing. As a result, she claimed that she was subjected to insults and abusive jokes, such as a female colleague telling her that she ‘wasn’t normal’ and being told that she should use the disabled toilets. She also claimed that she received no support from the management team.

Ms Taylor was eventually awarded £180,000 by the Employment Tribunal as compensation and successfully argued that she had suffered harassment, direct discrimination and victimisation because of gender reassignment and sexual orientation.

But what can employers learn from this case to make their businesses more inclusive?

Increase your awareness. You need to be aware of a range of gender identities. Making sure you are aware of the gender identities that you have in your business today or may have in the future will make you a better employer, help to open up the conversation around gender identity and leave you better equipped to deal with any challenges that may arise in the future (ignorance is not bliss when it comes to this topic)
Get to grips with terminology. The thought of trying to understand the terminology may be daunting but it is important that you are aware of them. Stonewall has helpfully produced a glossary of terms which is a great starting point to help you become more informed.
Make sure that you are using the right pronouns. If you don’t already, ensure that any documentation uses pronouns that are inclusive of all genders. You should refer to non-gendered “employees”, “staff” or some other gender-neutral term, such as ‘they’ or ‘their’.
Consider gender-neutral facilities. Gender neutral facilities will not be possible for all businesses, but we’d recommend that at the very least you consider whether there is at least one toilet and changing facility which can be designated as gender neutral.
Start the conversation. It’s inevitable that this topic and the conversation of gender-neutral facilities will provoke some debate, in fact it’s likely that you’ve already had your own internal conversation whilst reading this blog. Gender identity is a sensitive issue, and your teams will likely have a wide range of opinions on the topic. It goes without saying that all conversations should be handled sensitively and in an open and honest way. Remember that it’s OK not to have all the answers but that asking the rights questions and listening carefully to the answers will help to break down any barriers that exist in your business.
Consider training. Training for staff and managers will increase awareness and make for a more inclusive working environment, equipping managers with the tools they need to support any of their team who are transitioning. Unconscious Bias training is a great starting point to help employees identify the biases that exist, followed by more targeted training looking at behaviours that could be considered as transphobic and the terminology that should be used so as not to cause offence.
Implement Gender identity policies. There is no legal requirement to have gender identity policies in place but, having a policy in place will help to make current and prospective staff feel part of a more inclusive workplace. However, as with all policies, don’t be tempted to download a template from the internet, issue it to your employees and not commit to what is written in the policy. Culturally this will do more harm than good.

For help with your Gender Identity policies or to speak to us about our Unconscious Bias Training please get in touch with us today.

The extended furlough scheme rules are out!

katy@clearbridgehr.co.uk (Katy Cracknell) — Wed, 11 Nov 2020 14:41:38 GMT

It's time to grab a coffee and get to grips with the extended furlough scheme rules........

After Rishi Sunaks announcement that the furlough scheme will be extended until the 31st March 2021 the scheme rules have now been released. Some of the detail remains unchanged but there are some key changes that employers need to be aware of and we've summarised everything you need to know below:

From 1st November you will be able to claim 80% of employees’ usual wages for the hours not worked, up to a cap of £2,500 per month. You must pay employers NI and pension contributions.

Employers do not have to have used the scheme previously in order to claim but they must meet the eligibility criteria.

You’ll be able to apply for the extended CJRS online from Wednesday 11th November, for any claim periods from 1st November.

The claim period has now changed, and you must make any claims for November by 14th December, any claims for December by 14th January and so on (unless the 14th falls on a weekend in which case the deadline is the next weekday)

The scheme will be reviewed in January 2021 so you should prepare for the government contribution levels to decrease at this time and your business contributions to increase.

Employees must have been on your PAYE payroll on 30th October 2020 and you must have made a PAYE Real Time Information (RTI) submission to HMRC between 20th March 2020 and 30th October 2020, notifying a payment of earnings for that employee in order to be able to claim for them.

There is no maximum number set so you claim for as many employees as needed.

The new guidance does state that employees should not be placed on furlough for a period simply because they are on holiday for that period but that employees can still take holiday whilst on furlough……a little confusing but it’s clear that if you have an employee who is working full time in the business and then takes 2 weeks holiday you should not furlough them for this period and this will be considered a breach of the rules.

The Job Retention Bonus scheme has been withdrawn and it is unclear if it will be re-introduced in April 2021. The Government have confirmed that an alternative retention incentive will be put in place at the appropriate time (but we don’t know any details of when or how much)

For those employees that you have claimed for previously, the reference pay and usual hours will be calculated in the same way as they were under the original furlough scheme.

For new employees who have not accessed the scheme previously, the reference pay and usual hours will be based on the last pay period before 30th October 2020 or, if they have variable hours, their average for the period between 6th April 2020 (or when they started their employment, if later) and 30th October 2020.

You can re-hire employees that were employed and on the payroll on 23rd September 2020 who were made redundant or stopped working for you after this date. You must have made a PAYE Real Time Information (RTI) submission to HMRC from 20th March 2020 to 23rd September 2020, notifying a payment of earnings for those employees.

You can continue to claim for employees while they are serving a statutory or contractual notice period, however grants cannot be used to substitute redundancy payments. Please note (and this is one of the biggest changes) that the government is reviewing whether employers should be eligible to claim for employees serving contractual or statutory notice periods and will change the approach for claim periods starting on or after 1st December 2020, with further guidance published in late November 2020.

HMRC intends to publish details of employers who use the scheme for claim periods from December, and employees will be able to find out if their employer has claimed for them under the scheme. This appears to be a deliberate attempt to encourage the reporting of fraud.

For any specific advice and guidance please get in touch with us today.

Extension of the Furlough Scheme

katy@clearbridgehr.co.uk (Katy Cracknell) — Sun, 01 Nov 2020 11:47:33 GMT

Last night was one of the strangest of the year (and that’s saying something for 2020!) With rumours swelling throughout the day we all waited with bated breath as Boris Johnson announced another national lock down along with changes to the Coronavirus Job Retention Scheme (CJRS) which was due to be replaced today by the Job Support Scheme (JSS)

With employers and employees alike facing a Monday morning of chaos and employers making last minute changes to how they manage their workforce we’ve summarised the key points below.

What will the CJRS contribution levels be from 1st November 2020?

The contributions level will mirror those available under the CJRS in August. Therefore, the government will pay 80% of wages up to a cap of £2,500. Employers will pay employer National Insurance Contributions (NICs) and pension contributions only for the hours the employee does not work making the scheme much more viable for businesses.

Will the scheme rules remain unchanged?

Yes – the extended period of the Job Retention Scheme will operate as the previous scheme did, with businesses being paid upfront to cover wages costs. However, please note that the Government have stated that there will be a short period where they are making changes to the legal terms of the scheme and making updates to the system and businesses will be paid in arrears for that period.

Will flexible furlough be allowed?

Yes - as with the most recent scheme flexible furloughing will be allowed in addition to full-time furloughing.

What is the claim period?

When claiming for furloughed hours, employers will need to report and claim for a minimum period of 7 consecutive calendar days. This means that your working patterns should be based on a 7-day period.

Which businesses are eligible for Flexible Furlough?

All employers regardless of size will be eligible. The government expects that publicly funded organisations will not use the scheme, but partially publicly funded organisations may be eligible where their private revenues have been disrupted.

Which employees are eligible for Flexible Furlough?

To be eligible to be claimed for under this extension, employees must be on an employer’s PAYE payroll by 23:59 30th October 2020. This means that you can claim for any employees that you have hired since March who would not have been eligible previously.

Employees can be on any type of contract and employers will be able to agree any working arrangements with employees.

Can I top up an employee’s wages?

Yes - as with the current scheme, employers are still able to choose to top up employee wages above the scheme grant at their own expense.

What do I do if I have already written to employees to confirm that they will be placed on the Job Support scheme?

You should now contact employees ASAP to confirm the new arrangements considering what working arrangements are going to work best for your own business.

Will the Job Support Scheme come into effect from 3rd December?

At this point we assume that it will but so much will depend on the next 4 weeks and the impact that this has. Keep checking back with us for regular updates and we’ll update you as soon as we have further information.

Job Support Scheme Update

gemma@clearbridgehr.co.uk (Gemma Higgins) — Sun, 25 Oct 2020 15:53:25 GMT

Rishi Sunak has released updated information about the Job Support Scheme. We have summarised the key facts below...

Under new measures the Job Support Scheme (JSS) will now operate under 2 schemes:

• JSS Open (for all businesses) and;

• JSS Closed (for those businesses that are legally required to close under lockdown regulations)

What are the rules for the JSS Open?

Under JSS Open, an employee will need to work at least 20% (previously 33%) of their normal hours. 

They will receive:

• normal pay for the hours they work, and;

• two-thirds of pay (subject to a cap of £1,541.75) for the hours they do not work. 

o For that two-thirds top-up, the government will pay 61.67% and the employer will pay 5%, plus NI and pension contributions on the full amount (which must all be paid in advance by the employer - see below ‘How payments will be made’)

What are the rules for the JSS Closed?

Employees will receive two-thirds of their normal wages, funded by the government (capped at £2,083.33). 

The employer will have to pay the NI and pension contributions on this amount. 

How will payments be made?

Employers will claim in arrears for salary already paid.  The first claims can be made from 8th December 2020 (i.e. 5 weeks after the scheme opens on 1st November 2020) via an online portal, similar to the Coronavirus Job Retention Scheme.

How do I calculate the amount of pay?

To calculate the amount of pay: for employees who are paid a  fixed salary , the 'Reference Salary' is the greater of: 

• the wages payable to the employee in the last pay period ending on or before 23 September 2020

• the wages payable to the employee in the last pay period ending on or before 19 March 2020, this may be the same salary calculated under the CJRS scheme

For those who receive  variable pay , the 'Reference Salary' is the greater of: 

• the wages earned in the same calendar period in the tax year 2019 to 2020

• the average wages payable in the tax year 2019 to 2020; or,

• the average wages payable from 1 February 2020 (or the employee’s start date if later) until 23 September 2020

Your employees will be able to check if you have made a Job Support Scheme claim on their behalf through their online Personal Tax Account. Employees can set up a Personal Tax Account on GOV.UK, by searching 'Personal Tax Account: sign in or set up'.

Can I top up employee’s wages?

You must pay 5% of the usual pay for hours not worked, up to a maximum of £125 per month and you can top up wages beyond this if you wish. This is a change from the initial guidelines which stated that the government expectation was that employers would not top-up wages beyond the scheme.

Do I need to obtain written agreement?

Yes - there must be a written agreement between employer and employee, agreeing to the changes for both the Open and Closed JSS.

This agreement must be made available to HMRC on request.

Which businesses are eligible?

All SMEs are eligible, and large business are eligible if their turnover has fallen due to coronavirus (according to their VAT returns).  The government says it discourages, but will not prohibit, a large business from claiming on the JSS if it is making capital distributions (such as dividend payments).

Can I make a claim for an employee who is on notice?

No - employers cannot claim for an employee who has been made redundant or is serving a contractual or statutory notice period during the claim period.  

Will the scheme be reviewed?

Yes – the Government have confirmed that they will review the scheme payment terms in early 2021.

What checks will HMRC be making?

HMRC have made it clear that they will check claims. Payments may be withheld or need to be paid back if a claim is found to be fraudulent or based on incorrect information.

HMRC also intend to publish the names of employers who have used the scheme whilst encouraging the public to report fraud if they have evidence to suggest an employer is abusing the scheme.

Can employees train during hours not worked?

Yes - Employees will be able to undertake training (voluntarily) in non-working hours.

We'll continue to provide updates as we receive them so keep checking back to ensure that you're fully up to speed with the latest news on the Job Support Scheme.

Employee Engagement

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 22 Oct 2020 08:28:23 GMT

Why you should be measuring Employee Engagement in your business.

We all know that employee engagement directly impacts a business’s success and with more employees than ever working from home and having been isolated for pro-longed periods it’s never been more important for business owners to ensure that employee engagement remains high.

For employee engagement to be high in your business, you need the right conditions. Studies have shown that a good company culture can increase revenue and, although everybody in the business has a part to play, your Senior Leaders are ultimately responsible for setting out the culture which means they need to create a culture in which engagement is a priority.

Managers have a direct impact on the levels of employee engagement and employees with highly engaged managers are more likely to be engaged than employees who have actively disengaged managers. Because of this it’s important that the Senior Leaders in every business lead by example. This means that as well as managing employees on a day to day basis Managers also need to take on a coaching role to ensure that they understand each employee’s strengths and help them use those in their role. Employees who feel their manager is truly invested in them are much more likely to be engaged.

Don’t underestimate the power of recognising your employees’ contributions and seeking out their opinions as this can also help them feel empowered and engaged. Managers who talk to their employees regularly (for example through structured review process or regular 1-2-1 meetings) help to create an environment where engagement is high, directly impacting on overall engagement levels.

It’s not just managers that have a role to play, employees also have a responsibility to be open and honest about how engaged they are to ensure that a business can make adjustments where necessary. As an employer you need to ensure that employees have the time and space to reflect and are provided with the correct environment to share their thoughts with their manager. The overall aim here in any business is to create a positive feedback loop in which employees and their managers find ways to overcome challenges and harness opportunities, ultimately increasing employee satisfaction.

Remember that employee engagement isn’t a one-time thing, yet we still see employers running an annual survey and not following through on any actions. It’s unrealistic to expect a survey which is run annually to capture an employee’s thoughts for a full 12-month period. Employees responses to surveys can be heavily influenced by external factors completely unrelated to the business, such as a late night, difficult family circumstances or even a bad commute to work on the day that they complete the survey.

It’s for this reason that you should measure employee engagement on a more frequent basis as this will help to mitigate any skew and give a much better overview of the levels of engagement within the business. Just be careful not to fall into the trap of ‘death by surveying’, and make sure that any interim surveys are short and succinct so that you get maximum response levels from your employees.

One of the best ways to keep on top of employee engagement levels and to ensure open and honest feedback is to work with an external provider so that employees feel that they can be completely honest in their feedback.

And that’s where we come in. We play an essential role for our clients in ensuring that engagement initiatives run smoothly in their business - by managing the process from start to end, providing analysis of their employee engagement results and giving guidance on the right tools and learning opportunities to make improvements across the business. We act as facilitators by supporting the business and providing you with the appropriate tools to allow you to reflect on, measure and boost engagement across the business.

So if you’re not already measuring employee engagement in your business contact us today for an initial chat and to see how we can help.

Are your managers also great leaders?

gemma@clearbridgehr.co.uk (Gemma Higgins) — Tue, 06 Oct 2020 16:56:28 GMT

Good management counts

Managers are a vital element in the structure of a company. They are the building blocks that connect the board or managing director with the customer-facing employees. Great managers bridge this gap to ensure communication flows both ways and the business runs effectively.

A new manager who does not truly know how to manage, can greatly frustrate employees leading to mistakes, a loss in productivity and a high rate of employee turnover when dissatisfied workers leave.

Some interesting statistics:

Transitioning into a manager position is a difficult process and newly appointed managers need to learn how to strike a balance between maintaining their new HR responsibilities whilst continuing their 'day job'. This can feel overwhelming without the proper training and support.

Positive Leadership

It is a common misconception that employees who are successful in their role as a manager are also providing good leadership to their team.

Managers are defined as “a person who is directly responsible for managing the work of someone else in a company or business, and who is at least one level above that person”.

Leaders are defined as “a person with the ability to communicate, to persuade, to encourage, and to inspire people to take meaningful and productive actions”.

Leading a team is not the same as dictating to a team. Effective leadership encourages high performance and cultivates a culture of success in the workplace. Poor leadership may lead to low productivity levels and high staff turnover that can have serious consequences for the organisation.

It is vital that the leaders of the organisation lead by example. This ensures consistency in approach and means that team members know what is expected of them and what to expect from their leaders. Due to recent events employees may be working remotely, worried about what the future may bring or struggling with their mental health and so now more than ever organisations need strong leaders in management roles.

An effective leader should have a good working relationship with their team, built upon trust and respect. While this can take time to build, a manager should consider how they might encourage good working relationships

Help is at hand!

Clear Bridge HR run an Effective Management Solutions training course for employees who are new to management or are currently in the role but are in need of some support. It is also useful to run the course for all managers in the business to set clear expectations across the bar.

The course is run as a 1 day on site / off site course and can also be run virtually via webinar.

The course covers three main areas which are:

· Understanding the role of a manager

· Leading and communicating

· Managing tasks

During the training we break down each element of managerial and leadership responsibility to enable delegates to gain a full understanding of what is expected of them from a best practice, but also an employee wellbeing perspective. Our aim is to ensure that delegates complete the course feeling confident, empowered and excited about this new phase in their career.

Our Effective Management Solutions training course can also be run in conjunction with 121 coaching to ensure continued success and development within a management role.

Job Support Scheme

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 24 Sep 2020 16:36:15 GMT

Rishi Sunak announced the Job Support Scheme earlier today and here’s what we know so far……

The Job Support Scheme will be applicable from 1st November 2020 when the flexible furlough scheme comes to an end.

It will run for 6 months and all SME’s are eligible even if they have not accessed the furlough scheme previously.

The scheme will "support only viable jobs" as opposed to jobs that only exist because the government is continuing to subsidise the wages. It is still unclear what the exact criteria will be.

To be eligible employees must have been on their employer's Real Time Information (RTI) submission on or before 23rd September 2020.

Employees will need to work a minimum of 33% of their usual, contractual, hours.

Of the remaining 66% of contractual hours, the government will pay1/3 of salary (22%) and the employer will pay another 1/3 (22%) meaning that the employee will receive 77% of pay in total.

Government contributions will be capped at £697.92 per month.

Employers will be reimbursed in arrears for the government contribution (although we’re still not sure how this will work)

Employees are not eligible if they are on redundancy notice. This differs from the furlough scheme which did allow employers to continue to claim whilst employees were on redundancy notice.

Working patterns can vary, but each period must cover a minimum period of seven days (we’re not yet clear on how this will have to be communicated and agreed between employers and employees)

The scheme will not cover Class 1 employer NIC or pension contributions and the employer must continue to pay these.

Employers can use the Job Support Scheme and claim the Job Retention Bonus if employees remain in employment until 1st February 2021.

We'll continue to provide updates as we receive them so keep checking back to ensure that you're fully up to speed with the latest news on the Job Support Scheme.

Varying employees contracts of employment

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 17 Sep 2020 11:46:20 GMT

In our latest blog we explore some of the challenges that you may be faced with when considering changing an employees existing terms and conditions of employment.

There may be times in your business when you need to make a change to your contracts of employment. On most occasions the changes are easy, and employees will agree, for example when increasing salary. Other times and when making more significant changes, employees may not be so accommodating.

When considering making changes, it is important to remember that terms of employment can be either expressed or implied and that even if there is nothing in writing, terms may have been agreed verbally or, by the actions that you and the employee have been taking. Don’t assume that because something isn’t written down that it is not legally binding between the business and the employee. This can be a fatal error!

When making any changes to terms and conditions communication is key. Your top priority should be to outline to employees what your business reasons are for making the change as the best way to make any changes is to seek agreement with employees from the outset. We all know through experience that consulting with employees is the best way to introduce change, allowing yourself to be challenged along the way so that both parties have had the opportunity to be heard. In our experience, a consultative approach from the start of the process with sound explanation and reasoning for the change will result in most employees eventually agreeing to the change (this will depend on the complexities and impact of the changes you are seeking to make)

Of course, these situations are never straight forward, and you may find yourself faced with an employee who refuses to accept the change, even if everybody else has agreed to it. In these situations, you can either unilaterally impose the change or dismiss and re-engage the employee (this can be complex so please seek professional advice if you are contemplating this course of action)

Both of these approaches are not without risk and can result in the employee making a claim in an Employment Tribunal. Firstly, an employee could resign and claim that you are in breach of a fundamental terms of the contract and therefore claim constructive unfair dismissal or alternatively (and this one is very awkward), they could remain employed and make a claim for breach of contract.

So, before you make any changes to terms and conditions in your business, PLAN AHEAD. You should know the business reason for making the change, any potential legal vulnerabilities, whether the contract term is expressed or implied and most importantly, have a timeline of how you are going to consult with employees.

For help and support with making contract variations in your business please get in touch with us today.

Policies for SME's and Startups

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 10 Sep 2020 07:44:46 GMT

For many business owners, the thought of writing policies and procedures can be over whelming. With a deluge of information and advice available and more free templates than you can shake a stick at, we’ve simplified the policies you are required to have by law, those that we recommend you have and those that are optional and should be based on your own individual circumstances.

The legal minimums

Let’s start with the legal minimums. UK legislation dictates that you must have the following 3 policies in place:

• Health & safety policy (if you have more than five employees).

• Disciplinary and dismissal policies.

• Grievance policy.

When it comes to considering additional policies, our advice is make sure they are on specific topics and are aligned to your business. As an example, there is no need to have a lengthy Dress Code policy if you have employees that work remotely, or you have a small number of employees. Common sense should be allowed to prevail in these situations!

Beyond the 3 policies above it is up to each business to decide what other policies they have in place. However, there are some additional policies which we think should be standard within in any business and, in addition to the above, we’d recommend that you also have the following in place:

Equal opportunities

Although this is not a legal requirement it is best practice to have an Equal Opportunities policy in place (as for starters a tribunal are likely to take a negative view if you don’t have a policy in place and you need to defend yourself against a claim) Having an Equal Opportunities policy will show your intent to employees that you are committed to ensuring fair treatment and preventing discrimination in the workplace.

Flexible working

With the shift in working habits that we have all experienced during 2020 there is no doubt that we are likely to see an increase in flexible working requests over the next 12 months. If you operate informal flexible working , allowing employees to work from home on a regular basis or to work flexible hours with core working hours throughout the week, then this should be documented so that employees understand how they are able to work.

But remember, the statutory legislation means that employees (who meet the relevant criteria) are able to apply for a permanent change to their terms and conditions if, as an example, they want to reduce their working days from 5 to 4 and this is separate to any informal flexibility that you may offer to employees. To avoid confusion between informal and formal flexible working arrangements you should document how employees can apply for flexible working, what the process is and on what basis you may decline such a request.

Time off

Although you may think that it’s obvious how to take time off it can become complicated when dealing with situations such as sickness , especially if you are not applying the same rules to all employees. As an example, if you have a situation where 2 employees are absent from work due to sickness and you pay one in the full but not the other you can leave yourself vulnerable to a discrimination claim. To ensure consistency and set expectations it’s best to document your policies and procedures when it comes to holiday, sick absence, compassionate leave and other types of leave (such as parental leave)

Data processing

The General Data Protection Regulations (GDPR) which have been in place since 2018 and means that you must inform employees of how you will be managing and processing personal their data. To make sure you comply with these requirements we recommend that you put a policy in place which outlines what data you collect, how you will store it, how and when you dispose of it and how an individual can ask to see the records that you hold.

Remember that having policies and procedures in place not only helps employees understand what is expected of them and how you operate but it also helps to protect your brand and your business from painful employee relation issues in the future.

Where possible work with a HR provider to ensure that you have the essentials covered and to ascertain what other polices are best suited to your individual circumstances. We know that it may seem like an admin heavy activity, but, we’d always recommend that you avoid downloading template policies and instead take the time to get your policies right from day 1.

Need more help?

For our latest, free fact sheet on what policies to consider putting in place in your business, including legal minimums and recommended policies in line with best practice, please provide your details here and we'll send it straight to your inbox.

How long should you retain employee records for?

katy@clearbridgehr.co.uk (Katy Cracknell) — Fri, 04 Sep 2020 11:20:05 GMT

Are you guilty of having archive boxes full of employee paperwork sat in a cupboard or, a drawer full of CV’s that you’ve never got around to dealing with? Storing individual’s data in this way could mean that you are breaching the GDPR guidance and the fines for employers can be hefty.

Although the Data Protection Act (DPA) and General Data Protection Regulations (GDPR) do not expressly set out specific minimum or maximum periods for retaining employee data it is crystal clear that data must not be kept any longer than is necessary for a legitimate purpose and it must not be excessive.

A lot of businesses now use HR software to house their employee data and this will often mean that you are compliant with the regulations. However, if you’re not using HR software (or even if you are but you still have boxes of paperwork stacked in the corner or employee files saved on a shared drive) then now is the time to ensure that the records you hold comply with retention guidelines.

How long should I store data for?

GDPR compliance for small businesses

katy@clearbridgehr.co.uk (Katy Cracknell) — Fri, 31 Jul 2020 13:32:35 GMT

This month has seen privacy campaigners claim that England's test and trace programme has broken a key data protection law and, although GDPR came into effect in 2018 there is still a lot of confusion around what the regulations mean for small businesses. So what should small businesses be aware of when it comes to GDPR? We simplify the key points for you below.

Do I need a Data Protection Officer (DPO)?

Most small businesses will not have a requirement for a Data Protection Officer unless your core activities require large scale, regular and systematic monitoring of individuals (for example, online behaviour tracking) or your core activities consist of large-scale processing of special categories of data or data relating to criminal convictions and offences. If you do need a DPO they must be independent, an expert in data protection, adequately resourced, and report to the highest management level.

Know what data you store and why and document your processes

Under the GDPR it is a key requirement that personal data should only be retained for as long as there is a clear business need for it and it should be securely destroyed (for instance, by shredding) after that period has passed. As an employer you must be able to justify why you are keeping the data for as long as you are.

You will as a minimum need to lay out the purpose for processing personal data and how you will hold it (including the retention periods for each type of data that you hold) This should be in the form of a Privacy Note and this should be made available to all new and existing employees.

Regularly review the data you hold

You should regularly review the data you store for each individual and decide if it is still necessary to keep it. If you find that you are storing data that you do not need, delete it!

Employees have the ‘right to rectification’ if they believe any data you are holding about them is inaccurate but using HR software takes the administration headache away and allows employees to change their personal details themselves.

Make sure your security is up to scratch

Most importantly you must ensure that you have up to date processes in place to ensure that your employee’s data is safe and secure. HR software can address some of these security issues but you must also consider any paper records you hold, the security of your building and the IT equipment that you and employees use and how this is used and stored (for example if you allow employees to transport work laptops between the office and their home)

The easiest way to assess any risks is to carry out an assessment to identify any potential areas where security could be at risk. For example, when working from home does an employee use a personal, shared family laptop to work from? If so, do they have a separate password?

Sharing data with a 3rd party

You will also need to consider if you are sharing employee data with a 3rd party such as a payroll or HR provider. If you do you should create an agreement between both parties to set out the expectations and responsibilities of each to ensure that you don’t fall foul of the legislation.

Ex-employees and the ‘right to be forgotten’

Remember that it’s not just your existing employees that have rights under GDPR. Ex-employees can ask at any time that you delete any personal data you hold about them – this is the ‘right to be forgotten’. If the data is no longer required in relation to the purposes for which you collected it, you must comply with the request and delete the personal data.

Own it!

As an employer, you’re responsible for ensuring your business stays compliant with the GDPR. This means having effective data protection policies in place, reporting any data breaches that occur and training your employees on how to comply with the guidelines. If you are reported or fail to report an incident it can be costly with fines starting from £1,000.

So if you haven’t already done so this year, remember to review the data that you hold and your policies, and if in doubt seek professional help to ensure you remain compliant at all times.

Updates to the Job Retention Bonus Scheme

katy@clearbridgehr.co.uk (Katy Cracknell) — Fri, 31 Jul 2020 12:12:58 GMT

The government have today confirmed further details on the job retention bonus scheme. There is still more detail to follow but here's what we know so far.

Which employers can claim the Job Retention Bonus?

All employers will be able to claim through the job retention bonus scheme including recruitment agencies and umbrella companies.

Which employees are eligible?

Employees will be eligible if they were eligible for the Coronavirus Job Retention Scheme and their employers have claimed a grant for them.

Specifically employers will be able to claim for employees who:

were furloughed and had a Coronavirus Job Retention Scheme claim submitted for them that meets all relevant eligibility criteria for the scheme;
have been continuously employed from the time of the employer’s most recent claim for that employee until at least 31 January 2021;
have been paid an average of at least £520 a month between 1 November 2020 and 31 January 2021;
have up to date RTI records for the period to the end of January;
are not serving a contractual or statutory notice period, that started before 1 February 2021, for the employer making a claim.

Employers can claim the Job Retention Bonus for all employees who meet the above criteria, including office holders, company directors and agency workers, including those employed by umbrella companies.

How much can employers claim?

The Job Retention Bonus will be a one-off payment of £1,000 for every eligible employee that is claimed for. Please note that the bonus will be taxable.

What should employers do now?

To make sure that employers are ready for when the scheme goes live, they should ensure that they have:

complied with their obligations to pay and file PAYE accurately and on time under the Real Time Information (RTI) reporting system for all employees;
maintained enrolment for PAYE online;
a UK bank account.

What about employees who have returned from statutory parental leave?

If an employee was on statutory parental leave, returned after 10th June 2020 and was claimed for under the scheme then the employer will be able to claim the Job Retention Bonus provided the other eligibility criteria outlined above are met.

What about employees that are on fixed term contracts?

If an employee is on a fixed term contract and was claimed for under the scheme, then their employer can claim the Job Retention Bonus in respect of that employee provided the other eligibility criteria are met.

Contracts can be extended or renewed without affecting eligibility for the bonus, provided that continuous employment is maintained.

What else should employers be aware of?

Where a claim for an employee was incorrectly made, a Job Retention Bonus will not be payable. HMRC will also withhold payment of the Job Retention Bonus where it believes there is a risk that Coronavirus Job Retention Scheme claims may have been fraudulently claimed.

How can employers claim the job retention bonus?

All we know at the moment is that from February 2021, employers will be able to claim the Job Retention Bonus through GOV.UK. More details will be released in amended guidance by the end of September 2020.

We’ll update you with further information in September once it becomes available so keep checking back with us for updates.

Face coverings in the office - what's the reality?

katy@clearbridgehr.co.uk (Katy Cracknell) — Wed, 22 Jul 2020 15:27:33 GMT

Over the past months we’ve seen the Government discuss the benefits of face coverings and this Friday it becomes mandatory to wear a face covering in shops in England. The ongoing debate over the benefit of wearing face coverings in the workplace continues to rumble on but, how likely is it that we will eventually see guidance which enforces the wearing of these in the office?

Health secretary Matt Hancock has already very publicly stated that the government has no plans to make us wear face coverings in offices. However, in contrast to this the Environment Secretary George Eustice said he hadn't ruled it out in the future.

What we do know is that the government is keen to get people back to the workplace , demonstrated in Boris Johnsons most recent address to the nation in which we found him ‘telling’ employees to go back to work. There is already a mountain of guidance for employers to manage employees return to the office - including guidance on office set up, staggered working hours, dedicated entrances and exits etc - but, would the introduction of face coverings make the process quicker for employers and ease the anxiety that some employees are feeling about returning to work? Possibly.

The first question is how reasonable would it be in practice to ask an employee to wear a face covering for potentially hours at a time? We’re not sure that we would be overjoyed with the prospect! If you have already been wearing a face covering in public, you will know that wearing a face covering for a short period of time is very different to the prospect of wearing one for a full working day.

There is also the challenge of social interaction. We all rely heavily on being able to interpret one another’s mood, feelings and emotions by seeing each other’s faces and without this it will make conversations and interactions more challenging. If face coverings were to become compulsory it begs the question of what type of communication would be more beneficial, a Skype or Zoom call where employees can see one another clearly or, a meeting in person with social distancing in place and face coverings. We suspect that many employees would prefer the former even if that does mean having to work from home.

And where would employers stand if an employee refused to wear a face covering? If the Government issues guidance but not legislation on the matter it will be very challenging for a business to enforce these rules or to initiate formal disciplinary proceedings if an employee won’t comply.

Costs would also be a consideration for businesses if the burden were put on the employer to provide face coverings. At a time when businesses across the UK are making cost savings, including redundancies, is it really feasible to add this additional cost to businesses in the current climate?

Of course none of these challenges means that employers won’t find themselves faced with another U-turn from the Government on the wearing of face coverings in the office and at the moment, although we don’t believe it will become mandatory, we simply don’t know what lies ahead.

Keep up to date with all our latest blogs by signing up to our newsletter today .

Can your business offer a young person a career kickstart?

gemma@clearbridgehr.co.uk (Gemma Higgins) — Wed, 22 Jul 2020 13:27:27 GMT

Government Kickstart Jobs Scheme

The Government has announced a new £2 billion Kickstart Scheme will soon be launched to create hundreds of thousands of new, fully subsidised jobs for young people across the country.

This comes as Prime Minister, Boris Johnson, put tackling youth unemployment at the top of the government’s recovery plan which follows dire forecasts from experts predicting more than a million youngsters will be out of work this year

The £2 billion funded program benefits young workers who are currently under the Universal Credit program, which is a government-funded initiative that helps low-income or unemployed workers by giving them monthly payments to cover their living costs.

In total, as of May there were almost 500,000 young people aged 24 and under claiming Universal Credit - double the figure just a few months ago, and these young people are at risk of long-term unemployment. This job-creation scheme provides the younger generation with a chance to build their career despite the current pandemic.

What is the Kickstart Scheme?

Employers will be able to offer a six-month work placement for people aged between 16 and 24 who are claiming Universal Credit and are at risk of long-term unemployment. To be eligible, employers are expected to offer contracts of a minimum of 25 hours per week.

Workers should be compensated for their hourly work at the National Minimum Wage. Specifications are as follows:

£4.55 for those under 18 years of age

£6.45 for 18-20 years old

£8.20 for 21-24 years old

Employers can claim back the cost of the national minimum wage through the government’s Kickstart job scheme, plus the associated employer National Insurance contributions and employer minimum automatic enrolment contributions.

Employers may opt to top these salaries up if they see fit. They are also responsible for providing training and support to Kickstart scheme employees to help them secure permanent jobs at the end of the 6-month period.

Which companies are eligible to join this scheme?

The good news is that any UK enterprise offering decent jobs may enter the program, provided that the jobs they are making available to applicants are new, are not replacing any already existing jobs and are ‘above and beyond any jobs they were expecting to create’.

There is no cap on place availability, so every kind of business is encouraged to join—big or small, national or local. It covers England, Scotland, and Wales, with Northern Ireland soon to follow, after additional funding is given.

How can we apply for the scheme?

Employers can apply to be involved in the scheme from August, with the expectation of workers beginning their new roles in the Autumn. The current plan is for the scheme to run until December 2021; however, it may be extended depending on the needs of the economy.

We believe the process will be managed through Jobcentre Plus. Work coaches (those tasked with supporting benefits claimants back into employment) will be asked to identify people who are most “at risk of long-term employment”, who will be invited to take part.

There is still limited information around the application and management of the scheme and we await further updates.

What other Government funded schemes can you offer to young people?

Traineeships

Traineeships are unpaid work placements aimed at 16-24 year olds which are designed to build employabilty skills and make the trainee 'apprenticeship-ready'. They can last between six weeks and six months, and trainees are supported with English and maths, as well as more general skills such as CV writing, interview preparation, and workplace rights and responsibilities.

The UK Government will now pay employers £1000 for every trainee they take on

Apprenticeships

Apprentices are aged 16 or over and combine working with studying to gain skills and knowledge in a specific job. Apprentices work a minimum of 30 hours per week and are paid a minimum of £4.15 per hour.

The UK government will pay employers extra incentives until January 2021:

£2000 for every new apprentice aged 16-24

£1500 for every new apprentice aged 25+

These incentives are in addition to the current employer incentives which pay employers £1000 for employing apprentices aged 16-18.

For further advice on employing young people, or any other aspect of HR, contact us today for a chat

Employee Wipe-Out

Mon, 20 Jul 2020 14:27:34 GMT

How to address depleting energy and engagement levels in your business.

As businesses start to take employees off of furlough and return them to the office many are finding that the transition is not as seamless as they would have hoped. After weeks and months of adapting to either working from home or, for some, not working at all many employers may have underestimated the impact of the past months on employees physical and mental well-being.

We’ve seen it happen within our own business having found that many of us are suffering from fluctuating energy levels and anxieties about what the future holds and, as the UK begins to ease lockdown restrictions (with Boris Johnson ‘telling’ employees that they should return to the office from August) the future of the office as we know it still remains unclear, leaving many employees in limbo.

Businesses have been faced with reduced capacity and having to make significant changes to the working environment and, with some businesses not renewing leases, it is a reality that many will still be faced with the prospect of working from home for the foreseeable future. This level of continued uncertainty (with the looming possibility of a 2nd spike of infection) is likely to mean that employees will continue to suffer from fluctuating energy levels and anxiety. But what can employers do to support the self-care that is needed right now?

Create a culture that supports employee health and wellbeing

When you have a culture that supports employee health and wellbeing your employees will feel comfortable having conversations around their own individual circumstances.

Managers should create an environment where there can be open dialogue including discussions around energy levels, sleep patterns, exercise, diet and the impact that the pandemic has had on each individual. Take the time to share your own experiences too so that employees feel that they aren’t alone.

Take a break

Actively encourage employees to take breaks throughout the day and step away from work, even if they are working from home. We all know that when working from home - without your colleagues asking if you want a cuppa or, being able to pop over to a colleague’s desk to ask them a question - that it is easy to reach 3.00pm without having left your desk.

Schedule team breaks (we’ve seen clients have a Zoom coffee room at set times throughout the day to encourage breaks and maintain communication) or send an email reminding employee to take a break throughout the day.

Pick up the phone

What better way to give an employee a break by calling them to check in on how they are doing? Taking a genuine interest in your employee’s welfare goes a long way and can help both parties to address any issues head on instead of letting them fester and escalate at a later date.

Show your appreciation

A simple ‘thank you’ will help employees feel appreciated and, on those days, when individuals are feeling isolated or have a dip in mood and productivity, this simple action could help to make a real difference.

HR software will allow you and your employees to acknowledge one another’s achievements and contributions by providing kudos, in an open forum, for everybody to see. Working in isolation can leave employees feeling disconnected from the business and their peers and this is a great alternative to being able to show appreciation as you would do when you are in an open plan office together.

Meet your employees

Where it isn’t possible to return to the office collectively (if you are operating shift patterns or some employees are still working from home) make arrangements to meet your team face-to-face on a regular basis. A weekly walk and talk where employees can meet, grab coffee and walk around the local area together, or a group picnic in an open space, is a great way to give people down time from work – ensuring that they take a break - and allows them to re-connect with colleagues. Working in isolation often means that we miss out on those touch points where we can learn so much about one another and, this interaction can be pivotal in maintaining team spirit in your business.

Whatever approach you decide upon it’s important to recognise that there is no cure-all solution. Your employees are all individuals and you may find that what works for one does not work for others. Ultimately, taking steps to boost employee energy levels now will have a positive impact on your employees and your business. It will increase productivity and employee satisfaction which will be pivotal to success as we plough forwards into what lies ahead for the remainder of 2020.

The importance of HR software in your business

katy@clearbridgehr.co.uk (Katy Cracknell) — Fri, 10 Jul 2020 14:59:57 GMT

Out with the old and in with the new

‘We have everything stored in the cloud, all our old employee files are in archive boxes in our Directors office, we have a spreadsheet to record holiday and absence……….’

This is more often than not the type of response we are met with when we ask businesses how they store their employee data and, despite us all being surrounded by millions of Apps and technology, some businesses are still getting it wrong and potentially leaving themselves vulnerable to breaching GDPR guidelines.

So why is it so important to ensure that your employee data is held securely on a HR Database?

Transparency and accuracy

Using HR software will ensure that your employees can see all the information that you hold on them. This means that you can be confident that the records you hold are accurate (such as emergency contact details, medical information, right to work) and it means that employees don’t have to ask you every time they need a copy of a document.

Absence recording

Any absence (from sickness and holiday through to emergency leave and parental bereavement leave ) should be recorded accurately. With HR software employees can record their time off directly with managers approving holiday online, whilst quickly being able to see who else in the team may be on holiday at the same time.

Managers can access absence records and reports at the click of a button ensuring that they have up to date accurate information for any of those tricky conversations that may arise in relation to an employee’s absence levels.

Manage when employees can take annual leave

HR software will allow you to block out any company holidays or other important dates when you don’t want employees to book time off. As an example, your annual awards ceremony or at particularly busy times of the year when you won't allow employees to book holiday.

No more acknowledgement slips

Do you still have to ask employees to email you their acceptance each time you update your employee handbook or make a change to a company document? Using HR software means that you can issue updates on company policies and procedures directly to employees ensuring that everyone has the information they need in order to do their job effectively. Plus this means that there are no more excuses from employees claiming to have not read your emails!

GDPR compliance

Utilising HR software in your business means that you can remove the headache of ensuring that the way in which store employee data is fully GDPR compliant…….one less thing to have to worry about.

Easy access

The majority of HR software providers have apps available for iPhone and Android devices so that your employees can access the system anytime, anywhere.

Time saving

None of us like spending our time filing or looking for a document that should be readily available……having HR software in your business will save you valuable time, allowing you to focus on the business.

If you don’t already use HR software take our 14-day free trial today to see what a difference it could make in your business.

How furlough payments will change post 1st July

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 09 Jul 2020 16:18:57 GMT

From the 1st July the furlough scheme changed to the new flexible furlough scheme. Under the amended scheme rules, and as we progress from July through until October when the scheme ends, employers will be expected to pay more towards employee’s furlough payments.

The tapering of the scheme will be as follows:

Remember that from 1st July 2020, employees are eligible to be furloughed if you have previously submitted a claim for them in relation to a furlough period of at least 3 consecutive weeks taking place at any time between 1st March and 30th June 2020.

Importantly, the number of employees you can claim for in any claim period starting from 1st July cannot exceed the maximum number of employees you claimed for under any claim ending by 30th June 2020.

For example, if you previously submitted 3 claims between 1st March and 30th June 2020, in which the total number of employees furloughed in each respective claim was 30, 20 and 50 employees, then the maximum number of employees that you can furlough in any single claim starting on or after 1st July would be 50.

The scheme rules are complicated and you can find out more about what you should do to ensure you adhere to the rules here .

And of-course if you have any specific questions get in touch with us today .

Survivors Syndrome

katy@clearbridgehr.co.uk (Katy Cracknell) — Wed, 01 Jul 2020 13:42:38 GMT

Unfortunately, despite the Government’s furlough scheme being designed to keep people in work throughout the pandemic, it is a sad reality that over the coming weeks and months many businesses will be forced to make redundancies as the UK economy continues to suffer.

As HR professionals we know how easy it is to focus solely on those individuals that are impacted directly by redundancies but something that is often overlooked is the provision for the ‘survivors’. Those employees who remain and need to adjust to working life after their colleagues and friends have left and who may have a degree of guilt about keeping their own job. Boosting the morale of these employees is crucial to ensure your business thrives.

Be alert

Survivor syndrome encompasses many factors including emotional, psychological and physical. There can be feelings of guilt, anger, unhappiness and even anxiety as employees that remain become concerned that their own role may soon be at risk of redundancy. Leaders should keep a watchful eye out for any unusual behaviour or absence patterns which may indicate that an individual is struggling and suffering with survivor syndrome or that their motivation has been impacted. The easiest way to do this is through regular 1-2-1’s in which the employee is allowed the opportunity to discuss their own wellbeing and raise any concerns that they may have.

The reality is that it is hard to prevent employees from feeling the impact of a redundancy situation and businesses will often find that productivity can drop following a redundancy programme, so managers and leaders should remain alert and address any concerns as they arise.

Communicate

We say it all the time, but communication really is king in any business and your remaining employees will want to be re-assured that the redundancies you made were genuine and that employees were treated fairly. As part of any redundancy programme you should communicate with all employees, not just those who are impacted, to ensure that you mitigate any feelings of uncertainty and build trust amongst your remaining team.

As part of a redundancy programme things often change, employee’s reporting lines, roles and responsibilities and ways of working. Employees will need to understand how these changes impact them to avoid any confusion. These conversations will also help to boost morale, improve performance and help the business to collectively move forward.

Set a vision for the future

Setting a clear vision for the future will allow survivors to understand where they fit into the bigger picture and will help to alleviate any concerns around their own role being made redundant. It may be that, due to the pandemic, your vision is only for the short term and this is understandable. Remaining silent because you fear that you may have to change your direction in another few months will do more harm than good.

Getting your employees on board now and ensuring that they understand your vision could be the difference between a motivated team that emerge victorious and a de-motivated team with high levels of sick absence and a lack of commitment to the business.

Talk about business performance

Talking to your teams on a regular basis and being transparent about the business performance will mean that there are no nasty shocks if you are in the unfortunate position of making a 2nd wave of redundancies should business performance not improve. It’s unrealistic to make any promises to employees that there won’t be further redundancies in the future (if this year has taught us anything it’s that you can’t plan for every eventuality!).

Tackle office gossip head on

We all know that the rumour mill is rife when a business makes changes and a redundancy scenario will be no different. Don’t be afraid to address any rumours that arise head on. Rumours that escalate can be toxic for your business and, without tackling these openly, they can start to ripple right through your business, sending staff motivation and productivity into decline.

If you are planning on embarking on a redundancy programme in your business keep it simple. Acknowledge what has taken place and don’t try to hide from it. Honesty from business leaders is what will bring people back from the brink. If people are not informed – or, worse still, misinformed – you will see relationships begin to break down beyond the point of repair.

For support with your redundancy or any other HR situation, please book a call with us now to see how we can help.

Flexible Furlough Scheme Rules and Guidance

Tue, 16 Jun 2020 13:50:00 GMT

The Flexible Furlough Scheme (FFS) guidance has now been released and here’s what you need to know about the changes which will come into force on 1st July 2020.

What is the eligibility criteria?

To be eligible for furlough from 1st July an employee needs to have been furloughed for at least 3 consecutive weeks between 1st March and 30th June.

What is the new cap on the number of claims an employer can make?

After 1st July businesses will be limited by the maximum number of claims made in any single period between March and June.

For example, if you previously submitted three claims between March and June, in which the total number staff furloughed were 20, 10 and 25 employees respectively, then the maximum number you can furlough in a single claim will be 25.

Are there any exemptions?

Yes but only a handful. Employees returning from parental leave will still be eligible to be furloughed even though they have not been furloughed previously.

What are the changes to the claim period?

The FFS will mean that a claim period reduces from 3 weeks to 1 week meaning that the maximum number of claims in any given month is 4.

How much flexibility is there?

The new scheme means that you can, in essence, have any flexible working pattern that works for your business as it begins to introduce employees back to work.

As an example - if your standard contractual working hours are 40 hours per week with working days of Monday – Friday you may have either (or both) of the following scenarios in your business:

An employee working 2 days out of 5 (meaning that they are working 16 hours out of their contractual 40 hours)
An employee working 5 days per week but only performing 4 hours of work each day (meaning that they are working 20 hours out of their contractual 40 hours)

How do I calculate a claim under the FFS?

If you have standard working hours and days within your business then it should be relatively straight forward, however for those with variable hours and pay it is going to be much more complex as this example calculation shows.

Please ensure that when making any claims that you liaise with your Payroll Manager, HR Team and/or accounts team to make sure that you're claiming and using the scheme correctly.

Do I need to issue new Furlough agreements?

Yes – if you are moving an employee onto the FFS you must confirm this in writing and keep a record of the communication. You should confirm the hours that the employee will work and those that they will not and confirmation that they must not perform any work for any period of Furlough (as with the current scheme)

It can get complex when dealing with a large number of employees who you plan to Furlough based on different working patterns but don’t let that put you off. Make the FFS fit into your business and not the other way (or you will be bogged down in the complexities of the claims process before you’ve even started!)

Our advice is to start by considering what is best for your business by looking at what roles you need to return to work , when you need these roles to commence again and the working hours that should be performed. From there, work out what your claim will be on a week to week basis to make sure that you are in the best possible position when the scheme launches on the 1st July.

If you need any further help or advice around Furlough or anything else HR related, please contact us now

Tips on choosing the right HR support provider for your business

katy@clearbridgehr.co.uk (Katy Cracknell) — Tue, 16 Jun 2020 13:30:32 GMT

We know it's hard to decide which HR provider to work with, when the time comes here's our top tips on what to consider.

'How do I choose a HR partner for my business?'..........it’s a question that we are used to answering and the simple answer is that it depends on your own business’s circumstances.

Some business owners will find that they need HR support from an early stage (for example when they start to hire new employees or encounter a more challenging situation with an employee) whilst others may find that they don’t require HR support until further down the line. Typically, businesses without an internal HR team would utilise an outsourced HR provider but it’s not always businesses without an HR function that need HR support. Many in-house HR professionals also work with external HR providers to provide additional support where they don’t have the time or expertise in a specific area.

When the time comes and you are considering HR support and assistance for your business where should you start and what should you look for in a provider to ensure that you find the right match for your business?

First and foremost, consider what you want from your HR provider. Do you need somebody on a regular basis to provide you with support? Do you require phone support on an ad hoc basis? Do you have a one-off immediate need? Make sure that you know what you are looking for so you can ensure you get the right service for your business’s needs.
Its sounds obvious but you should look for a company where the consultants have the relevant qualifications and experience. As an example, if you are a small start up, look for a consultancy that specialise in working with small businesses– this means that you will benefit from their experience and expertise and they will know how to support you as the business grows.
Look for a consultancy that will work in partnership with your business, who fully understand your company values, mission and culture and share its ethos. This will make working together much smoother in the long run.
Don’t let the location of the consultancy put you off. Many providers will have a network of consultants that they use and will be happy to travel. There are also many options for support to be provided remotely (such as Skype or over the phone) and, if you’re happy to work remotely in this way, then location won’t matter.
Don’t make the assumption that bigger is better. Larger providers can often be more impersonal with an inconsistent approach where you are faced with a different consultant each time you call. Smaller providers will have just as much expertise as their larger counterparts and will be able to offer a much more personal approach.
Compare providers and their quotes. Whoever you are thinking of working with should be happy to chat through your individual needs with you. This will help you to establish whether they are the right consultancy for your business and ensure they understand the issues or areas you need support with.
Ask for testimonials and recommendations from other clients. This is a great way to gauge if the company can deliver what you need. Most consultancies should feature these on their website but if not, ask for them before you make your final decision.

If you are considering outsourcing your HR needs or need a little extra support contact us today for an initial chat and if we can’t help we’ll happily point you in the right direction.

Contracts and policies to protect your business

Wed, 03 Jun 2020 14:10:16 GMT

Having the correct documentation in place not only helps employees understand what is expected of them and how you operate but it also helps to protect your brand and your business from painful employee relation issues.

Firstly make sure that all employees have a written contract of employment which, from the 6th April is a legal requirement from day 1 of employment. It must, by law contain certain pieces of information about an individual’s employment such as how much they will paid and their working hours.

When issuing contracts ensure that you have the right contracts for your needs. There’s a wide range of contract types – part time, fixed term, apprentice – and contractual and statutory entitlements differ depending on the contract you use so, make sure that you understand how each one works. We’d always recommend seeking professional help to draft and review your contracts on a regular basis to ensure that they are legally binding and compliant.

One of the biggest mistakes we see being made is employers making the contract of employment too long. You do not need (and indeed shouldn’t) include all the details around rules and expectations within your contract of employment – this will make them contractual and mean that if you want to make any changes in the future it will be more difficult. Instead create an employee handbook to include any additional company information that you want employees to be aware of. This can include things such as your dress code, information on how to report absence and your IT and security policies.

When it comes to your policies make sure they are on specific topics and are aligned to your business. As an example, there is no need to have a lengthy Dress Code policy if you have employees that work remotely or you have a small number of employees. Common sense should be allowed to prevail in these situations!

And, when writing your contracts of employment and policies make sure that you are clear and specific. Clarity of language is important especially when considering clauses in relation to things such as the right to deduct monies from employees salary. If you have vague contractual terms then you may find that you don’t have the legal grounding that you need to enforce these clauses. It really is a case of the clearer the better!

Once you have all of your contracts and policy documents in place its vital that you hold regular reviews to reflect any changes in the law and your own business practices. To make sure you don’t miss anything work with a HR provider to ensure that you have everything covered. Out of date terms and conditions can leave you in hot water and you don’t want to be caught out when trying to discipline an employee by referring to an alleged policy breach only to find out that your policy doesn’t cover it!

Lastly remember that you must update your staff when making any changes – if they don’t know the rules it will be difficult for you to show that they broke them! The easiest way to notify employees of changes and ensure that they have accepted them is to utilise HR software so that you can track employees responses. Alternatively ask employees to confirm by reply to an email that they have read and understood the policy changes that have been made.

And finally, to make sure you have all the latest HR news and advice straight to your inbox sign up to our newsletter today.

Adjusting to more flexible ways of working - some tips from the giants

katy@clearbridgehr.co.uk (Katy Cracknell) — Mon, 01 Jun 2020 13:44:56 GMT

As employers continue to adjust to the latest social distancing measures many are now considering a wide range of possibilities when it comes to managing their workforce and some businesses are starting to think more creatively.

Whether it’s allowing employees to work from home on a permanent basis, how to transition those that can’t (and indeed don’t want to work from home) back into the workplace or how to adjust the workspace to comply with the latest government guidelines we are all heading towards a new way of working.

There is so much for employers to consider and there will of course be no one size fits all but, with people starting to share their own experiences we can all start to learn from one another.

From WIFI connections for those working at home to DSE assessments, from how you make a cup of coffee in the office to where you hang your coat……what can we learn from the likes of Google and Twitter who have already planned the next steps of their return to work plans?

Some big organisations such as Google, Twitter and Mastercard have told staff they are be able to work from home until the end of the year if they choose to, a trend that we are starting to see amongst many of our own clients and something you may want to consider in your own business. Providing clear guidance on what your longer term plans are can help to alleviate any anxiety amongst employees around returning to work.
Google announced that it will be reimbursing employees up to approximately £800 to pay for equipment to help them work from home. Although this may be step too far for many employers it is important to consider what support you will put in place for those employees who will be working from home on a more permanent basis to ensure that you meet your Health and Safety obligations.
Google have also announced that they will operate a rota system when they re-open their offices starting with 10% when the offices open in July increasing to 30% capacity in September providing those that would like to return to the workplace the opportunity to do so. If you haven’t already started to plan how a return to work will operate in your business start by completing a risk assessment to identify how you can get your teams back to the office whilst observing social distancing guidelines.
Google asked employees to take 22nd May as holiday to address any work-from-home-related burnout that has been caused during the pandemic and employers across the country are beginning to enforce the use of annual leave for those employees who are able to take it (i.e. those that aren’t key workers) Encouraging your teams to take annual leave will ensure that employees get the rest from work that they need and that your business is not left with unmanageable levels of holiday to be taken before the end of year.

As we all begin to think a bit more creatively about how to manage the workforce moving forward what’s most important is that you communicate and consult with employees throughout. Secondly you should ensure that you have all the necessary policies, procedures and contractual changes in place to ensure that you don’t encounter any employee relations or legal issues further down the line.

To make sure that you have all your HR needs covered sign up to our HR Evolve Package today or give us a call to discuss your needs in more detail.

Furlough Scheme Amendments

Sat, 30 May 2020 10:09:12 GMT

Yesterday Rishi Sunak, announced how the Coronavirus Job Retention Scheme (CJRS) will be tapered. We’re still digesting the changes and the impact that they will have but here’s a summary of the key changes which you need to be aware of.

Flexibility from 1st July

From 1 July 2020, employers will have the flexibility to bring previously furloughed employees back to work part-time – with the government continuing to pay 80% of wages for any of their normal contractual hours they do not work up until the end of August.
Employers can decide the hours that employees work and will be responsible for paying their wages in full whilst working. This means that employees can work as much or as little as your business needs, with no minimum time that you can furlough staff for.
Any working hours that you agree with your employees must cover at least one week and be confirmed to the employee in writing.
When claiming through the CJRS portal employers will need to report and claim for a minimum period of a week.
Claims through the CJRS portal can be for longer periods (e.g. two weekly cycles if you prefer)
Employers will have to submit data on the usual hours an employee would be expected to work in a claim period and the actual hours worked.
If employees are unable to return to work, or there is no work for them to do, they can remain on furlough and employers can continue to claim Furlough payments under the existing rules.

Employer contributions

in June and July Furlough payments will cover 80% of wages up to a cap of £2,500 as well as employer National Insurance and pension contributions for the hours the employee doesn’t work.
From 1st August Furlough payments will continue to cover 80% of wages up to a cap of £2,500 but, employers will have to pay employer National Insurance and pension contributions.
From 1st September, the Furlough payments will cover 70% of wages up to a cap of £2,187.50 for the hours the employee does not work. Employers will have to pay employer National Insurance and pension contributions and 10% of wages to make up 80% of the total up to a cap of £2,500
From 1st October, Furlough payments will cover 60% of wages up to a cap of £1,875 for the hours the employee does not work and employers will have to pay employer National Insurance and pension contributions and 20% of wages to make up 80% of the total up to a cap of £2,500

Closure of the scheme to new applications

The CJRS will close to new applicants from 30th June. From this point onwards, you will only be able to furlough employees that you have furloughed for a full three-week period prior to 30 June.
This means that the final date that you can furlough an employee for the first time will be 10th June for the current three-week furlough period to be completed by 30 June.
Employers will then have until 31st July to make any claims in respect of the period up to 30th June.

Additional guidance and the small print

We still don’t have all the small print about how the scheme changes will work in practice but HMRC have committed to releasing this detail by 12th June. To make sure you get all the latest updates straight to your inbox sign up to our news letter today and if you need any help with administering the Furlough scheme in your business get in touch with us today .

Statutory Sick Pay Rebate Scheme

katy@clearbridgehr.co.uk (Katy Cracknell) — Tue, 26 May 2020 14:05:45 GMT

The Statutory Sick Pay Rebate Scheme which was announced as part of a package of support measures for businesses affected by the COVID-19 outbreak launches today.

Ahead of the launch, work and pensions secretary Therese Coffey, said: “We are committed to supporting Britain’s small and medium businesses through this pandemic with a comprehensive package of support and this rebate will put money back in the pockets of millions of employers, ensuring they can hit the ground running as the economy re-opens.”

Employers should remember that changes in SSP already means that the three ‘waiting days’ currently do not apply and that SSP is due from day one for those who are self-isolating or shielding. The aim being here that those who are a coronavirus spreading risk or more at risk of dying from coronavirus exposure, are incentivised to stay away from work.

The scheme will enable employers with fewer than 250 employees to claim coronavirus-related Statutory Sick Pay (SSP) and employers will be eligible if:

They are claiming for an employee who’s eligible for sick pay due to coronavirus;
They had a PAYE payroll scheme in operation before 28 February 2020;
They had fewer than 250 employees across all PAYE schemes on 28 February 2020;
They are eligible to receive State Aid under the EU Commission Temporary Framework.

The repayments will cover up to two weeks and is payable if a current or former employee was unable to work on or after 13th March 2020 and was entitled to SSP, because they either:

have coronavirus;
are self-isolating and unable to work from home or;
are shielding because they’ve been advised that they’re at high risk of severe illness from coronavirus.

The weekly SSP rate is £95.85 . But, if you’re an employer who pays more than the weekly rate of SSP you can only claim up to the weekly rate paid.

Employees do not have to give you a doctor’s fit note for you to make a claim. But you can ask them to give you either:

an isolation note from NHS 111 - if they are self-isolating and cannot work because of coronavirus or;
the NHS or GP letter telling them to stay at home for at least 12 weeks because they’re at high risk of severe illness from coronavirus.

To use the online service you will need:

your Government Gateway user ID;
your employer PAYE scheme reference number;
your business UK bank or building society details;
the total amount of coronavirus SSP you have paid to your employees for the claim period;
the number of employees you are claiming for;
the start date and end date of the claim period.

As with the Furlough Scheme rules it’s important that you keep thorough records and in the case of SSP repayments, you should keep records for 3 years after the date that you receive payment from HMRC. You can choose how you keep records of your employees’ sickness absence but the easiest and safest way is by using HR software which ensures that your records are also GDPR compliant.

So, as we start the week this is another great initiative to support businesses through the pandemic and. make life a little easier for us all.

If you need any help and support with your HR needs during the pandemic contact us today and, i f you’d like to receive all the latest HR news and updates during the pandemic straight to your inbox sign up to our newsletter today .

Mental Health In the Workplace

Mon, 18 May 2020 11:48:38 GMT

This week is Mental Health Awareness week and with many people having experienced unsettling times in the past 2 months it has never been more important for business owners and managers to consider how they approach mental health in their own business.

We know that mental health can still be a workplace taboo but with mental ill health costing UK employers £30 billion every year through lost production, recruitment and absence and, with many employees still finding it difficult to speak to their employer, it’s time for us all to open up a little more.

This years campaign has been helped by some famous faces such as Prince William and Anthony Joshua and, the Mental Health Foundation have released material to help people who may be suffering with mental health issues with guidance on where to get further support.

Mental Health Awareness week runs until 24th May 2020 so, if you’re not already doing so, now is a great time to focus on Mental Health awareness in your business.

And where can employers start when it comes to tackling the Mental Health in the work place? When considering your strategy towards mental health in your business, we recommend that you do the following:

Make sure that you understand what ‘mental health’ means and address any misconceptions that you might have. This will mean that you are better placed to address any issues that do arise in your business.
Commit to improving mental health in your business including simple things like promoting a good work-life balance. Take it a step further and include a statement in your employee handbook on Health and Wellbeing, outlining your approach and what support you offer to employees.
Train your managers to be able to have conversations with employees about sensitive issues like mental health. Ensure that they know how to signpost individuals on where to get support from and that they know what warning signs to look out for (such as a sudden dip in performance). Remember that unlike many physical illnesses and disabilities, mental health illness is not often visible and so can be harder to identify.
Provide training to employees on some key areas which can contribute to stress in the workplace such as time management training to ensure employees know how to manage their time effectively and don’t become overloaded.
Have a structured 1-2-1 process which ensures that managers and employees are meeting regularly to discuss work priorities and employee well-being.
Run regular employee surveys which include a focus on health and wellbeing so that you can identify key trends and to show that you take the health and wellbeing of your employees seriously.
It goes without saying but you should have a zero tolerance when it comes to bullying in the workplace (a top factor causing workplace stress). Lead by example and ensure that your own behaviours are those that you would expect of your employees and most importantly, deal with any issues immediately and thoroughly.
Make employees feel valued! This is one of the most simple things you can put in place to increase your employees well-being. We all know that there’s nothing worse than slogging your guts out and working all hours only to feel that it’s not appreciated. Take time each day to thank your employees and help to turn stress into satisfaction.

Simply put, promoting positive mental health in the workplace can be hugely beneficial for your business. Employees with good mental health are more likely to perform well, have good attendance levels and be engaged. It’s important to remember that it is often a combination of factors which will impact on your employee’s mental health (both at work and home) and you may not be able to help address all of the issues. Taking a much more holistic approach to managing employee mental health is what is needed.

For help creating your Health and Wellbeing strategy, contact us today.

Taking Employees Off Furlough

katy@clearbridgehr.co.uk (Katy Cracknell) — Mon, 18 May 2020 09:53:54 GMT

The Furlough scheme has been extended to resounding ‘hurrahs’ across the country. As we wait for further details on how the scheme will look after July, businesses are now starting to consider how they take employees off of Furlough and get them back into the workplace .

But how do employers work through the inevitable mountain of individual circumstances that will be presented by their employees and decide on who should come off Furlough at which stage?

As has been the case throughout the past 3 months there is no definitive answer to this question, instead employers should be working with their employees now to understand their own personal circumstances, the implications of a return to work and considering this when developing their wider return to work plan. We’d suggest as a starting point that business owners consider the following:

How will you have to adjust your working space to ensure it adheres to the new guidelines and will that mean that you can’t have as many employees on site at a given time?
Can you stagger your working day to allow employees flexibility on when they are present in the office whilst still meeting their contractual obligations?
Are there any employees that will not be able to work from home in the future due to technical capability or not having a suitable space to work in?
Are there any employees that would prefer to work from home in the future and are there some that are filled with dread at the thought of working from home?
Have you got any employees that are shielding under the government guidelines?
Do you have any employees who rely on public transport and are unable to get work using any other method?
Do you have employees that are impacted by school and nursery closures?
Do you have a bank of workers that use hot desking facilities and can these individuals work from home?

The list of considerations is endless and will be vary between each employee. What is likely is that some businesses will be faced with an employee who refuses to return to work (for whatever reason that may be) but, do remember that asking an employee to return to work is a reasonable instruction for an employer to give and that refusal from an employee to comply (without reason) could be a disciplinary offence. If you are faced with this situation we suggest you seek professional advice.

Employers are also likely to be faced with a flurry of flexible working requests when they ask employees to return to work where these individuals have seen colleagues, friends and family performing their jobs from home. Employees have the right to apply for flexible working so make sure your flexible working policy is up to date and that you have communicated this to employees.

Whatever your plans ensure you make the time to talk to your employees and understand what's really going on.

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Returning your employees to the workplace safely

gemma@clearbridgehr.co.uk (Gemma Higgins) — Fri, 15 May 2020 10:52:09 GMT

Have you started planning?

With the Government announcing that people who can’t work from home are now able to travel to their workplace, employers across the country are starting to consider how they manage their employee’s return to work successfully whilst complying with the social distancing rules and ensuring the safety of their employees.

If your employees are able to continue working from home then they should do unless they fall into one of the 2 exceptions of being either:

A worker in a role which is critical for business and operational continuity, safe facility management, or regulatory requirements and which cannot be performed remotely or;

A worker in a critical role which might be performed remotely, but who is unable to work remotely due to home circumstances or the unavailability of safe enabling equipment.

Regardless of which employees you have returning to your sites in the short term, eventually you will want to re-open your business premises to a wider employee base and you should be considering how this will work in practice now. Make sure you’re ahead of the game when it comes to planning for the future so that your employees feel confident in your decisions when this becomes a reality. Read more about what you should be considering here .

The Government has released new guidance on how to work safely during the Coronavirus pandemic, but is this enough? Every business is unique and office locations, layouts, functions and many more nuances need to be taken into consideration to ensure that your employees remain safe and protected.

So how can you make sure your employees feel safe enough to return to the workplace? It’s fairly simple really… Ask them!

At Clear Bridge HR we have been supporting our clients by managing bespoke Return to the Workplace Safely surveys and providing full analysis and recommendations on how to manage a return to work for employees whilst mitigating any risks.

The data gathered from these surveys is the best starting point when it comes to formulating a plan that is unique and specific to your business and employees.

If you would like to run a Return to the Workplace Safely survey for your business, please contact us today. Engage your team – you’re all in this together!

Preparing to return to the office

katy@clearbridgehr.co.uk (Katy Cracknell) — Wed, 13 May 2020 11:17:11 GMT

What employers should be considering as employees begin to return to work.

As the government announce an extension to the Furlough scheme, the relaxation of some social distancing rules, that some children will return to school and, that some employees can return to work, we’re all about to adjust to a new normal (at least for the coming weeks)

But how will the changes work in reality? The Government have already released Guidance on Working Safely During Coronavirus but how do employers put this into practice?

As we adjust from hot-desking to home working to socially distanced working here’s what employers should be considering:

Complete a risk assessment. Make sure that before employees return to the workplace that you complete a risk assessment of your office space and record this as part of your Health & Safety responsibilities. This will help you identify what needs to be done in order to keep your employees safe.
Consult with your employees. Remember that as an employer you have a duty to consult with employees on Health & Safety so make sure that you are seeking employees input throughout the transition period. If you are able to show that you are adhering to the guidance, and have consulted with employees, there is less chance that individuals will be able to claim that they are not prepared to return to work for Health & Safety reasons.
Your office set up. Do you have banks of desks or employees sat facing one another in your office? If so, you will need to consider screens or barriers to separate employee where they are not able to sit 2 meters apart. If you have any activity where employees must work face-to-face for a sustained period, then you will need to assess whether the activity is safe to continue.
Think about how you are going to operate shared spaces such as kitchens. You may need to consider limiting the number of employees allowed in a shared space at one time or staggering break times.
Think about how you are going to clean your office space , the frequency of cleaning and how you will expect employees to contribute (for example, not leaving dirty cups in the sink for somebody else to wash up…….we’ve all done it, or asking employees to bring their own lunch where this would normally be provided) You’ll also need to think about providing hand sanitiser and signage to remind employees to regularly wash their hands.
If you have hot-desking facilities in your business these should now be allocated to an individual and not shared. If desks do have to be shared, they should be shared by the smallest possible number of people possible.
Consider your office hours and if you are able to stagger employees start and finish times to avoid large numbers of employees on site at any given time.
Offer support to employees as they return to the workplace. It’s been suggested that Mental Health will be the nation’s next pandemic and each employee will be feeling differently about returning to their place of work. The best way to get ahead of the curve is to send a short survey to your employees to understand how they are feeling or if they have any concerns and, to point them in them right direction of where they can find additional support and resources.
Ask employees their opinion by running a Return to the Workplace Safely Survey to understand what their personal circumstances are and, if they have any anxiety or concerns about returning to the workplace.

Remember that no one is obliged to work in an unsafe work environment and so it’s vital that you carefully consider how you will keep employees safe as the lock down measures continue to be eased, failure to do so could land you in hot water.

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Getting your Home Working Policy right

katy@clearbridgehr.co.uk (Katy Cracknell) — Tue, 12 May 2020 13:08:48 GMT

The Coronavirus has made working from home a reality for many businesses who would not necessarily have considered this level of flexibility in the past.

As we begin to look to the future and what normal will look like in our businesses , now is the time to consider how a more flexible approach to working could benefit your business.

For those businesses who already have a Home Working policy in place, now is the time to review this to ensure that it is fit for purpose and, for those that don’t have a policy in place, now is the time to implement one which will support your businesses individual needs.

Your Home Working policy should set out your expectations of employees when working from home and where applicable let employees know which roles are eligible for home working and which are not (because not all roles will be able to be performed at home) and should include the following:

The aims of the policy - such as to increase efficiency, reduce costs, increase employee retention rates and employee satisfaction.
Details of when can employees work from home (for example, a maximum of 2 days per week)
Any restrictions on working from home, for example if you have an all employee meeting every Friday you may want to restrict working from home to Monday-Thursday.
Information on equipment and connectivity and what costs will be met by the business.
Details on how you will deal with your requirements in relation to health and safety. As a minimum you should undertake a risk assessment at the employee’s proposed place of work in order to ensure that it is suitable and that the work can be carried out safely (this can be carried out by the employee themselves)
Any insurances that the employee should have in place.
Confirmation that employees working from home must comply with the businesses GDPR processes and their responsibilities under it.
That employees can request a formal flexible working arrangement after 26 weeks of service under flexible working legislation.

There are lots of benefits to having a home working policy in place – less stress, increased productivity and better health to name but a few – but, always be mindful that home working is not for everybody and that there always potential pitfalls to counter act the positives – such as the feeling of isolation, difficulty in separating work from home and other distractions.

Take the time to consider the implications of home working in your business and how best to implement formal guidelines that work for your employees. For help and support with your home working policy contact us today.

Are we on the edge of a new tomorrow?

katy@clearbridgehr.co.uk (Katy Cracknell) — Thu, 07 May 2020 09:51:13 GMT

Thursday reflections

As the long weekend approaches the majority of the country will be waiting with bated breath for the Governments update on Sunday when we should know a little more about how the lock down restrictions will be eased and what that will mean for businesses.

This week has seen a large focus on future planning and how employers deal with the challenge of employees returning to work so, as we head towards this weekend’s VE celebrations here are our reflections:

2/3 of employers have taken advantage of the Job Retention Scheme and placed employees on furlough leave with a large number utilising the scheme to avoid redundancies. What we don’t yet know is how many of those individuals on Furlough will still be at risk of redundancy when the Furlough scheme ends (or indeed if the furlough scheme will be extended)

Many businesses have successfully claimed and received funds through the Bounce Back Loan scheme, some receiving funds within 24 hours.

A leaked version of the draft government guidance which will set out how businesses can safely operate indicated that all workplaces are likely to see changes such as staggered shifts, the implementation of different entry and exit points, specific storage for clothes and bags and the installation of screens to create physical barriers between employees as well as the extensive use of hand sanitiser.

Employers are starting to consider how they get employees back to work and, as well as considering office set up are carefully planning who returns to work first and ensuring that there is no discrimination at play.

For some a return to work will be simple and straight forward, for others it will cause anxiety and raise concerns around H&S. In extreme cases some businesses may be faced with employees downright refusing to return to their place of work. A dispute-free return to work will only be possible if employers take the time to understand how people feel about returning to the office, travelling (especially if the commute to work involves using public transport) and balancing this with any carer responsibilities. That’s going to require empathy and outstanding communications from businesses.

There will be added complications in dealing with grievances and disciplinaries that are linked to H&S . This is because unfair dismissal compensation is available to employees from day 1 of their employment if the dismissal relates to any Health & Safety concern and exerting a statutory right. Businesses must ensure that they are treating employees fairly and do not take any unnecessary risks.

Employers must now focus on mental health issues in their business as more and more employees begin to report that remote working is having a negative impact on their health. Many reports this week have indicated that stress, burnout, isolation and loneliness is increasing, with employees struggling to juggle things such as carer responsibilities, remote working and anxiety about what the world will look like in the coming weeks.

Who knows what next week will have in store for us all?! So much will be dependent on Sunday’s announcement. Whatever the week looks like for you and your business we’re here to help with all your HR needs so don’t hesitate to get in touch.

Addressing the mine field of annual leave whilst on Furlough

Tue, 28 Apr 2020 12:51:36 GMT

As we get deeper into the Furlough period, there has been further clarification from HMRC that employees can utilise annual leave whilst on Furlough without the risk of forfeiting any Furlough payments.

HMRC have continued to remain silent on whether or not an employer can compel an employee to take holiday whilst on Furlough which means that, as it stands today, we still don’t know if employers can enforce a period of holiday by providing twice as much notice as the length of the holiday you want an employee to take e.g. ten days’ notice for five days’ holiday.

It’s likely that there will be further guidance but, until then, here’s a review of what we do know when it comes to the treatment of holiday during Furlough:

Working Time Regulations require that statutory holiday pay (5.6 weeks) must be paid at an employee’s normal rate of pay or, where the rate of pay varies, calculated on the basis of the average pay received by the employee in the previous 52 working weeks, in line with the recent change in legislation on how working time is calculated . Therefore, if a furloughed employee takes holiday, employers should pay them their usual holiday pay and top up any Furlough payments to 100% of salary (and they won’t be able to claim this back through the Furlough scheme).
If an employee usually works bank holidays (of which there are four during the furlough scheme period - 10th April, 13th April, 8th May and 25th May) then the employer can agree that this is included in the grant payment. If the employee usually takes the bank holiday as annual leave, then the employer would either have to top up their usual holiday pay or give the employee a day of holiday in lieu. If employees normally work on bank holidays, they will simply be on furlough (not holiday) on the bank holiday unless you require them to take it as holiday.
Employers can ask for an employee’s agreement to reduce any enhanced contractual holiday to reflect the fact that an employee is on furlough (i.e. any entitlement beyond the statutory minimum of 5.6 weeks per year) but, this must be agreed by the employee, and followed up in writing.
Employers can seek to agree a different rate of pay with employees for any contractual holiday that is provided over and above the statutory minimum holiday entitlement. Again, this should be agreed by the employee and followed up in writing.
The new right to carry over holiday of up to four weeks into the next two holiday years only applies to those employees that have not been able to take their statutory holiday entitlement due to coronavirus.
Employers will have the flexibility to restrict when leave can be taken if there is a business need, by giving notice of the same number of days as the holiday the employee wanted to take, e.g. five days’ notice to prevent or cancel five days of holiday). This applies for both the furlough period and the recovery period.

Flexible working - has our opinion changed?

Fri, 24 Apr 2020 13:10:34 GMT

At Clear Bridge HR we’ve always championed flexible working practices with our clients and our advice has always remained the same; to attract a wider talent pool and create a fully inclusive team, you should consider offering flexible working in your business where it is possible to do so. As we work our way through the biggest home working experiment the world will ever see, what impact will Covid-19 have for all of us in the way we work in the future?

One thing is clear, there is no 1 size fits all when it comes to flexible working and working practices during Covid-19 will have been a different experience for everybody. Some people will have been more productive working from home and may have found an improved work-life balance since social distancing began (despite some trying to home school at the same time!). Some, in contrast, will have found the isolation much harder to adjust to and will have struggled with the reduction of day-to-day contact with colleagues.

Whatever the experience, what we don’t yet know is how this will all translate when employers consider more flexible ways of working in the future. The worst thing a business could do is to ignore what they have learnt about their teams during this period. Managers and business owners will have learnt more about their employees, the way they like to work, their drive, commitment and their personal circumstances (we’ve all been on a call where a rogue child or pet has put in a guest appearance) than they could have dreamt of learning in a ‘normal’ calendar month. And what does that present businesses with…? A real opportunity to embrace a more flexible way of working, having seen how it can work in practice, what the benefits are and what the pitfalls may be.

There are of course roles that require face-to-face interaction, and the truth is that some of us simply have a preference for working in this way. We think that ignoring all the changes we have recently been forced to make and reverting to the old ways of working could be a missed opportunity.

During the past 6 weeks we’ve seen increased use of Zoom (who have gained 2.22 million users in 2020—more users than it amassed in the entirety of 2019), Skype and now WhatsApp have announced that they plan to increase the maximum amount of callers to 8 to allow them to compete in the market. This will be the tip of the iceberg as providers scramble to improve their offering and enhance the remote working experience even further.

It’s important to remember that there are a multitude of reasons for employees wanting to work more flexibly, spanning multi generations. What we have all proved to ourselves in the past weeks and months is that, despite this new way of working being out of our control, we all made it work in the most challenging of circumstances.

Some things have become clear from all this. You either had or have now implemented the technology to enable people to be able to home-work. You have seen how your employees have reacted to working from home and, hopefully, feel satisfied that outputs haven’t dropped and, in some cases, may have even improved.

Our hope is that once we are able to attend our offices again, opinions will have changed for the better. Employees will feel liberated to ask for flexible working arrangements without a dreaded sense of fear that they are somehow being branded as ‘workshy’. We also hope that businesses will be more open to engaging in these conversations, having seen in practice how it can work to the benefit of the company and employee.

Having a combination of office and home-working brings a feeling of empowerment and improves general well-being of employees who, in turn, work hard and promote an employer that trusts and supports them. Win win right?

For any help with your flexible working policy , contact us today.

Coronavirus Job Retention Scheme (CJRS) portal opens for business!

katy@clearbridgehr.co.uk (Katy Cracknell) — Mon, 20 Apr 2020 09:19:15 GMT

And successful claims have already been made.

After what has felt like one of the longest waits we can remember, the governments Coronavirus Job Retention Scheme (CJRS) portal is now open and HMRC has also very helpfully published a guide to assist employers in their efforts to claim for workers' salaries.

The portal went live this morning and the government has said that the online system can process up to 450,000 applications an hour. We’ve already heard of successful claims and so it would seem that everything is working as it should be which is very reassuring for all those out there that will be accessing the portal in the coming days, weeks and months. Successful claimants should receive their funds within six working days of their applications.

The government has stated the scheme will cover up to 80% of furloughed workers' salaries, up to a maximum of £2,500 per month per employee and Chancellor Rishi Sunak has announced that the scheme will now continue until the end of June, an extension of one month on its initial period and that he will keep the scheme under review and extend it if necessary.

This extension means that businesses making large scale redundancies will no longer be forced to issue redundancy notices over the next few to days to comply with 45-day consultation requirements, and can instead return to focusing on protecting jobs and their businesses.

For any advice and support throughout the Coronavirus pandemic please contact us today .

Employment law updates April 2020

Tue, 14 Apr 2020 14:12:14 GMT

Legislation not to be forgotten during the pandemic

It’s the time of year when a flurry of employment law changes hit the business world. We know that the ongoing impact of coronavirus is consuming for all of us however, employment law changes continue to be rolled out and there are some important issues that businesses should be taking note of:

Written statements of terms and conditions

Currently, you must give employees a statement of terms and conditions within 2 months of employing them. From 6th April 2020, the right to a statement of terms and conditions no longer requires a minimum length of service and applies from the worker’s first working day (and this includes any casual and zero hours workers) This means that you must provide this information no later than an individual’s start date.

There has been a lot of activity encouraging employers to update all existing contracts (at a cost of £100’s to your business) but, you don't need to re-issue contracts for those already working for you before 6 April 2020.

Parental bereavement leave and pay

Bereaved parents of a child who dies on or after 6th April 2020 have a new right to take up to two weeks’ parental bereavement leave with pay at a statutory minimum rate.

Increase to NMW and NLW rates

There are the usual annual increases to the national minimum wage, and you must ensure that you are paying your employees in line with the amended rates.

On 1st April 2020 the national living wage for workers aged 25 and over increases to £8.72 per hour.

Other national minimum wage rates also increase on this date, with hourly rates rising to £8.20 for workers aged 21 to 24, to £6.45 for workers aged 18 to 20 and to £4.55 for workers aged 16 or 17.

If you do pay in line with minimum wage ensure that you have reviewed your pay scales before April payroll.

Annual increased to statutory payments for maternity, paternity, adoption, shared parental & sick pay

The weekly rate of statutory maternity, paternity, adoption and shared parental pay increases to £151.20 from 5th April 2020.

The weekly rate of statutory sick pay increases to £95.85 from 6 April 2020 (remember that during the Covid-19 pandemic employees have the right to Statutory Sick Pay from the first day of absence)

If you reference any of these payments in your policies or employee handbook, ensure that they are updated accordingly.

Adjusted holiday pay calculations for workers with irregular hours

On 6th April 2020, the holiday pay reference period for workers without normal working hours increases from 12 weeks to 52 weeks.

Therefore if you have workers with irregular working hours (e.g. those in seasonal roles) you will need to adjust how you are calculating holiday pay. Your annual leave policy may also require adjusting if it refers to the holiday pay reference period.

Equal pay for agency workers

On 6th April 2020 the “Swedish derogation” was abolished removing the ability for employers to pay agency workers less than their own workers where an agency worker has completed a 12-week qualifying period.

In addition, all agency workers will be entitled to a key information document which clearly sets out their employment relationships and terms and conditions with their agency.

Lowered thresholds for the requirement to inform and consult employees

Currently the law requires that employers with 50 or more employees must set up an information and consultation arrangement if 10% of the workforce request it. This will be lowered to 2%.

And finally…what's not happening in April - Off payroll working (IR35) & Gender pay reporting

The Government have announced that due to the coronavirus and its economic impact the changes to the off-payroll rules due to come into effect on 6th April 2020 have now been delayed until 6th April 2021 . At the same time they announced that their decision to suspend the enforcement of the gender pay gap deadlines for this reporting year 2019/20.

To make sure you keep up to date with all the latest legislative changes sign up to our news letter today.

Being a good leader throughout Covid-19

Tue, 14 Apr 2020 09:35:40 GMT

You're managing your team but are you being the leader they need at the moment?

Now more than ever your team members need to see good leadership from you. It’s very easy to get bogged down with your workload when you are working in isolation and forget that you are still responsible for a team, when you can’t physically be with them. Here are some tips on being a good leader in these tough times:

Over communicate

During these times of uncertainty, it’s vital to keep regular communication with your team . Even if you don’t have any specific updates for them, maintaining communication will prevent people from filling in any gaps for themselves and creating a situation that doesn’t exist. Make sure your team know that you are at the end of the phone if they need you and book regular calls in people’s diaries so everyone can make sure they are available and ensure calls don’t keep getting pushed back.

Make it personal

While team calls are a great way of getting messages out to everyone and maintaining a sense of team, it’s also important to have one to one communication with your team members. Diarise regular calls to check on workload, progress, obstacles to success and the general mental wellbeing of your team.

Lead with positivity

These are obviously very difficult and frightening times we are experiencing, and your team will be looking to you for guidance and reassurance. Your role now is to convey calm and a sense of perspective. Hearsay will be rife and it is easy to get drawn into negative conversations so try to draw on the positives of every situation and don’t let a ‘glass half empty’ team member effect the outlook of the whole team.

Celebrate success

People need to know when they have done something well at all times but it is even more important now. A simple thank you can do wonders for a team member’s motivation and self-esteem so be sure to shout about all successes.

Set clear goals

Make sure your team know what work output you are expecting from them. Setting clear goals and objectives is still vital during this time so employees have goals to focus their attention on. If you don’t normally allow homeworking then it is understandable that you may be concerned about how much work is actually being done but trust in your team, you hired them for good reason and, with good leadership, they won’t let you down.

Keep expectations realistic

You may or may not have children running around at home yourself, but you need to be mindful of your team members that do. Parents are currently expected to continue working whilst educating and generally taking care of their children at home and it isn’t easy to balance all this. Show empathy to your team who are struggling in this situation and be flexible around their working hours. Work can still be completed in the evenings once the little darlings are tucked up in bed and calls may occasionally be interrupted so a banana can be peeled!

Be honest

Things are changing on a regular basis and these may or may not affect your business. Be as honest as you can be with your employees about what is going on without causing unnecessary panic. They will appreciate being kept in the loop and won’t lose any confidence in you as a leader.

Parental Bereavement

Mon, 06 Apr 2020 14:32:48 GMT

Jacks Law Legislation

The new statutory leave regulations (Jacks Law) are the result of a campaign in memory of 23-month-old Jack Heard and came into force on 6th April 2020 . The new legislation means that all parents will be entitled to 2 weeks paid bereavement leave for the death of a child under 18 years of age, as a right from day one of their employment.

Leave will be paid at the statutory rate if an employee has 26 weeks’ service. Employers can choose to enhance this if they wish. Leave may be taken in a 2 weeks block or as 2 separate weeks and must be taken within 56 weeks of the child’s death.

As this new legislation comes into force it’s the perfect opportunity for employers to consider what help and support they offer employees who have recently suffered the loss of a close friend or family member ( or even a pet )

Employers often don’t know how to deal with employees that are grieving (let’s be honest, nobody knows what to say or do in these circumstances) Most importantly employers should be encouraging employees to take the time they need to grieve and, where an employee is reluctant to take leave, employers should be actively speaking with these individuals to encourage them to take leave by showing them that the business is supportive and sympathetic to their situation.

So that you are equipped to deal with bereavement in your own business make sure that your managers:

Are capable of holding sensitive conversations;
Offer their condolences and let the employee know that, for the time being, work comes 2nd;
Ask the employee how they want their colleagues to be told about the bereavement (please don’t go ahead and publicise employees’ personal circumstances without checking with the individual first);
Are aware of the flexible working policy (a bereavement can often result in a request to work reduced/alternative hours);
Are sensitive to changes in behaviour following a bereavement and know how to deal with these;
Tell employees who they can talk to in the business if they need additional support;
Monitors an employee’s well-being when they return to work;
Treat employees with compassion and consider how they would want to be treated if the boot were on the other foot;
Take a consistent approach and where they are unsure seek professional advice .

Jacks Law is a step forward in recognising and supporting bereaved parents however, employers should always look beyond the legislation minimums and consider what additional support they can offer their employees, for example, a further period of paid/unpaid leave or subsidised bereavement counselling.

Updated Guidelines on the Coronavirus Job Retention Scheme

Mon, 06 Apr 2020 11:05:16 GMT

What we know now

As we begin week 3 of ‘lockdown’ the Government have announced further changes to the Coronavirus Job Retention Scheme (CJRS) . There is still a lot of detail to follow but the additional guidelines are a small step forward and we’ve summarised the key updates below:

The Government has now clarified that all employers are eligible to claim under the Furlough scheme for any employees , provided that the employee was on PAYE on or before 28th February 2020 and that the employer had enrolled for PAYE online.

If an employer made an employee redundant or, they stopped working for the business on or after the 28th February (for example if the employee resigned), they can be re-hired and then furloughed. There has been a lot of social media activity in relation to this point but, it’s important to remember that this decision to re-hire remains the employers and, that there is no legal right to be re-hired by a previous employer. Equally, employers should be cautious of refusing any approach from an ex-employee who is seeking to be re-hired where the reason for the rejection is potentially discriminatory. Please make sure that you take professional advice where you are in doubt.

It’s now been clarified that Apprentices can be Furloughed in the same way as other employees.

You cannot furlough an employee on SSP but you can claim for individuals who are ‘shielding’ or those who are unable to work because they have caring responsibilities.

If an employee has 2 jobs, they can be furloughed from 1 or both jobs and the furlough cap of £2,500 will apply to each employer (i.e. an individual could end up with a total of £5,000 in furlough pay)

An employee who has been furloughed can seek alternative employment and work for another employer (assuming this doesn’t breach any contractual clauses) Any other work is likely to be within key, essential services and therefore has likely been a decision from the Government to allow us all to play our part in keeping the economy going.

Individuals employed by an umbrella company can be Furloughed (an umbrella company is a separate company that acts as an employer for contractors working on fixed-term contracts.

Company Directors can be furloughed however, they must not complete any work the for the company (in the same way that any other employees must not work) However, they are able to perform their statutory duties. If a company director is going to be Furloughed it must be a formal adopted resolution of the board of Directors and it must be noted in the company’s records and, as always, communicated in writing.

Employers must notify employees in writing that they have been furloughed and keep a record of the communication for 5 years. We know that HMRC will retrospectively look into claims although we don’t when how or when so make sure that you keep all communications and records on a secure database .

Furlough claims can now include past over time, fees and compulsory commission payments (i.e. any contractual commission payments)

Employees can be furloughed multiple times and you can bring an employee back off furlough to work for a period and then furlough them again at a later date (although each period of Furlough must be for a minimum period of 3 weeks)

As we begin another working week there are still many questions left unanswered (such as how to deal with annual leave ) but this is a small step in the right direction.

For specific advice and support please contact us today . We’ll be keeping on top of all of the latest updates and sharing more information as we receive it.

IR35 Change to Regulations Delay

Mon, 30 Mar 2020 16:10:39 GMT

As the Government attempts to alleviate some of the pressure that Covid-19 is presenting, it was announced that the implementation of the change to the HMRC IR35 Regulations will be delayed from 6th April 2020 to 6th April 2021. There have been calls for the reforms to be scrapped completely but the Government communication was clear, the changes are still coming and this a postponement, not a cancellation.

The change to the IR35 regulations already applies in the public sector but the extended rules will see all medium and large private sector businesses in the UK become responsible for setting the tax status of their contract workers from April 2021. Any business that contracts with intermediaries for the provision of an individual's services will have to account for tax and national insurance through PAYE if the underlying relationship between the end user and the individual would be one of employment were it not for the intermediary. However, the reforms will not impact the smallest businesses. This means that where a company satisfies two or more of the following requirements they will be deemed as a small business and be outside the scope of this reform:

an annual turnover of not more than £10.2 million
a balance sheet total of not more than £5.1 million
no more than 50 employees

In essence, the changes to the IR35 rules will require the end user to determine the employment status of an individual supplied via an intermediary. They will then have to communicate this determination and written reasons to the party that it directly contracts with and the individual themselves in the form of a Status Determination Statement. If the end user client determines that, but for the intermediary, the individual would be an 'employee' of the end user for tax purposes, the end user will need to account to HMRC for Income Tax and National Insurance contributions (both employer and employee) on any fees it pays to the intermediary (excluding VAT). At present, the responsibility lies with the intermediary, so this is a significant shift.

But where does the delay leave employers?

Those businesses that were fully prepared for the reforms will be angry at the amount of time, money and effort that they have already put into preparing for the changes and understandably so. In addition, some businesses may have already taken a more cautious approach and commenced the process of changing contractor’s employment status or ending relationships to accommodate the change.

For those that weren’t fully prepared, this extension will give those businesses valuable extra time to ensure that they are compliant with the change in legislation.

Regardless of this one year delay, our advice remains the same, if you are going to be impacted by the change of the IR35 legislation, you should continue to make plans during this extension period (or if you haven’t already done so, start planning) and take professional HR advice .

Furlough Working - The Small Print

Fri, 27 Mar 2020 13:32:04 GMT

The Government release further details on Furlough Working

After what has felt like an eternity for business owners the government has now published further details of the Coronavirus Job Retention Scheme (CJRS) or, what you’ve more likely been referring to as the Furlough Scheme .

The new guidelines which can be found in full here, do provide more detailed guidance that has not previously been available and the key points are:

The scheme will be open to all UK employers were on the PAYE scheme on 28th February 2020. Anybody who was on the payroll on 28th February 2020 and has since been made redundant can be rehired and put on the scheme.
Any organisation with employees can apply for the furlough payments, including charities, recruitment agencies and public authorities; however, the government does not expect public sector employers to use it as long as central government continues funding wage costs in the normal way.
With agency employees, the scheme is only available for agency employees who are not working.
Employers can reclaim up to 80% of wage costs up to a cap of £2,500 per month, plus (not including) the associated employer NICs and minimum auto enrolment pension contributions on that wage. Remember that as an employer you can choose to top up to 100% if you have the funds available.
Fees, commissions and bonuses are not included.
If employees are furloughed and the 80% payment would take them below the minimum wage based on their normal working hours, they still only receive 80% as they are not working. However, they are entitled to be paid NMW for any time spent training which businesses will be expected to pay.
For employees whose pay varies, the employer can claim for the higher of either the same month's earning from the previous year or average monthly earnings in the 2019-20 tax year.
Furlough leave must be taken in minimum blocks of three weeks and employers can only claim once every three weeks. Claims will be backdated to 1 March 2020.
Employees on furlough leave must not be working at all. However, they are able to undertake training and do volunteer work, provided they do not provide services to or conduct any revenue generating activity.
Employees on sick pay cannot be furloughed, but can be furloughed afterwards.

There are still lots of unanswered questions so please get in touch for any specific advice and support when furloughing employees.

Life after Covid-19

Thu, 26 Mar 2020 15:58:00 GMT

What changes can we hope to see when life returns to 'normal'?

As a result of the Pandemic, businesses and employees across the world have made fundamental changes to the way in which they work and, for some businesses that have never considered home working for their employees, this will mean that they will have found themselves in a position where they have been forced to see how a more flexible approach could work in their business .

There is no doubt that the Covid-19 virus global pandemic will impact each and every one of us, whether we are business owners, employees or self-employed workers, and will change the way in which we work.

So, as we all try to look for the silver lining in these challenging times, here are some positives that we have taken:

How we recruit

Although some businesses have been forced to halt all recruitment activity, some employers are still pressing ahead. This means a move from face-to-face interviews to virtual recruitment, something which a lot of businesses may not have considered previously and may now find a useful tool to integrate into their future standard recruitment process, especially in the initial recruitment stages.

Increased home-working and flexibility

For those employers who have been reluctant to consider allowing employees to work from home (because they did not believe it would work in their business), they will have been afforded the opportunity to see how it can work in reality. We know that it won’t work for all businesses and that some will be keen to revert back to office based at a later date, for some, they may be surprised at how well it has worked and could mean that they are able to change the face of how they work as a business and offer increased flexibility to employees in future.

In addition, we have already seen an increase in candidates that are looking for more flexible working with the ability to work from home and, those businesses that are able to embrace this new way of working, will ultimately open their recruitment processes up to a larger candidate pool.

Changes to our office space

In some cases, the realisation of how home-working can work in a business may lead to companies deciding to change their day to day working environment, moving from fully occupied office space (typically with higher monthly rental costs) to shared and more flexible working space.

Employee wellbeing

Hopefully your employee’s physical and mental wellbeing has always been an area of focus but during this period it will have become more important than ever. Some employees may have embraced the changes they are facing in working style but for some, this period of uncertainty and change may have had a more negative effect.

Everything we are currently experiencing highlights the importance of our teams and the services they provide to make our businesses a success. When we come out of the other side of Covid-19 we will see a greater awareness and support of the overall wellbeing of our employees.

Better communication and relationships

Throughout the pandemic we will all have been making more effort to communicate with one another (both at work and with our family and friends). We will have reached out and connected with people who we may not have connected with under normal circumstances and for some, they will have adapted to a new way of communicating altogether. Many will be picking up the phone or video calling where they may usually have relied on emails purely to have some human interaction in their working day!

When we all come out of the other side of this pandemic (it feels a long way off but we will!) we will have undoubtedly built better relationships with one another. This will be felt within each and every business as business owners and employees come together and face this situation head on, in order to weather the storm.

We should all seek to harness this team spirit and reflect on how we have supported one another through one of most challenging times we will face as a nation and look to build upon this as we move forward.

Furlough Leave: What It Is and What You Need to Know

Mon, 23 Mar 2020 11:10:20 GMT

Newly-introduced by the Government, it is vital that all employers and employees are aware of this important scheme.

We’re posting this blog on Monday 23rd March in line with the government’s latest announcements of how they plan to support businesses and employees. However, as we progress through the week this blog and the advice given will be rapidly over taken by daily government updates, so please make sure that you keep checking our Blog section or sign up to our newsletter for all the latest news straight to your inbox.

The chancellor has already set out a package of measures to support businesses including VAT holidays, 12-month business rate holidays and changing SSP eligibility – but the biggest support package of all came last week in the form of Furlough Leave. There is still a void of information about how the process will work and be implemented but let’s take a look at what we do know:

Information to date is sparse! Similar to the business loans system, which was launched today, we currently don’t know what we don’t know, but it is likely to be a number of days before any practical information is communicated to businesses.

In order to qualify for the scheme, employers must designate affected employees as Furloughed workers and notify them of this change (this notification should be followed up in writing to confirm the arrangements which have been agreed).

Furloughed workers are not a concept recognized by Employment Law and changing an employee’s status remains subject to current employment law legislation and is governed by the employees’ current contract of employment.

This means that, in most cases, employers will have to discuss any changes with employees, seeking their agreement before making them Furloughed workers (unless you have a contract clause in relation to short-time working and lay-offs).

The majority of employees are likely to accept being made a Furloughed worker where this is an alternative to redundancy.

Employers will have to submit information to HMRC about the employees that have been Furloughed and their earnings will have to be submitted through an online portal. However, this portal has not been set up and more specific details will follow in the coming days.

HMRC will reimburse 80% of salary for Furloughed workers up to a cap of £2,500 per month (the equivalent of £30,000 a year which is the national median salary).

The scheme is for any employee on payroll on 1st March 2020. Payments will be available from the end of April and backdated to 1st March.

Employers do not have to pay the remaining 20% to top up an employee’s salary. However, the employee does have to agree to this approach, or it may be considered to be withholding contractual pay (as above, once you have agreed terms with employees follow this up in writing to avoid any possible conflict or confusion at a later date).

Employees that do qualify for the scheme should not conduct any work for their employer.

Employees who are Furloughed will remain employed and therefore retain their continuous length of service.

Employees can’t choose to be Furloughed. The choice must be that of the employers and as such employers should manage the conversations with employees.

The system is likely to be open to abuse and its anticipated that some businesses will claim that employees are Furloughed when then are in fact continuing to work. The government will take action against any such employers and rightly so, given the national effort that is being made by us all to help combat this virus. So, if you are going to utilise the scheme please ensure you adhere to the rules and regulations.

The announcements to date suggest that the costs will cover pension costs, but this is yet to be confirmed.

For any specific help and advice in relation to Furloughed workers please contact us at Clear Bridge HR today.

8 Top Tips for Succeeding at Productive Home Working

Fri, 20 Mar 2020 11:15:56 GMT

Our Co-Director, Gemma Higgins, provides her top tips for adjusting to working from home and ensuring productivity.

If you’re not used to working from home, it can prove very challenging to suddenly be in your home environment with all the distractions that can bring and still trying to ‘do the day job’. With more and more companies now suggesting, or even insisting their employees work from home, we have compiled a list of tips that may help you adjust to this new working style during the Coronavirus outbreak:

Get up, showered and dressed before you start working! You may often have dreamed about being able to work in your pyjamas but a proper start to the day will do wonders for your mindset.

Find a dedicated workspace at home. It’s important that you have an area that is quiet and distraction free, ideally with a door you can close, to allow you to focus on the job in hand and concentrate. It’s also important that you don’t impede on the space of anyone else living with you and that they know where your workspace is and respectfully leave you alone when you are there. If you don’t have a separate room to allow for this, a quiet corner will work just as well.

Try not to get distracted by your new working environment. It’s easy to get bogged down with the usual chores that need to get done at home or the Netflix series that you’ve been watching and put work to the bottom of the pile but try and make sure this doesn’t happen. Maintain the same working hours as you would usually, take regular breaks and use your lunch hour to hang the washing out or empty the dishwasher (and to eat of course!).

Get some fresh air. Now many of us are working and living in the same space, there is a danger of never seeing sunlight again! If it’s a nice day, sit in the garden and have a coffee break or go for a quick walk around the block. You will feel re-energised and ready get stuck back into your ‘to do list’ when you get back to your laptop.

Use technology to communicate more. If you need to speak to someone, video call them instead of emailing so you are still getting some social interaction. Most companies have some form of video conferencing available so make the most of this. Agree a time with your team and all dial in for a virtual tea break and a chat during the day.

Make sure your working hours are reasonable. Don’t do too little and don’t do too much! When you haven’t got the commute home to consider, it’s easy to find yourself still working at 8pm. It’s important to set a rough time at the end of the day and try to log off and finish work as close to that as possible. Having a social life and time to relax will ensure you are recharged and ready for the next day.

Stay positive! This is a strange period we are living through and it’s hard not to read every article about Coronavirus and feel bogged down with the enormity of it all, but a positive mental attitude will do wonders. Accept the things that are out of your control and try to find the positives of each situation. Maybe now you can bath your children as you aren’t stuck in traffic on your way home or you can get out and go for a run in your lunch break instead of dodging city traffic to grab a sandwich.

Be mindful of your mental health. If you feel that you are not coping with this new style of working and feel isolated, make sure you speak about this with your manager or appointed mental health officer. Your health and wellbeing should always be priority.

Schools Out for Summer: What You Need to Know About UK Schools Closing

Fri, 20 Mar 2020 11:01:51 GMT

The recent school closures have raised many questions for parents and carers about whether their children are still eligible to attend. Our Co-Director, Katy Cracknell, answers your questions.

In the wake of the school closures in the UK from Monday, the Government guidance is clear - if children can stay safely at home, they should to limit the chance of the virus spreading.

As a lot of individuals transition to working from the home, the prospect of how we juggle this is becoming a reality for a lot of people, highlighted in amusing fashion during a BBC interview earlier this week where the children well and truly took centre stage!

The Government has asked parents to keep their children at home wherever possible and asked schools to remain open only for those children who absolutely need to attend, but this has caused confusion amongst parents and schools alike. Schools, all childcare settings (including early years settings, childminders and providers of childcare for school-age children), colleges and other educational establishments, remain safe places for children but the message is clear and the fewer children in these establishments the lower the risk that the virus can spread.

So who can and can’t send their children to school from Monday?

The Government have confirmed that vulnerable children and the children of those whose work is critical to the COVID-19 response are entitled to send their children to school.

Vulnerable children include who are supported by social care, those with safeguarding and welfare needs, including child in need plans, on child protection plans, ‘looked after’ children, young carers, disabled children and those with education, health and care (EHC) plans.

Parents whose work is critical to the COVID-19 response includes:

Health and Social Care

This includes but is not limited to doctors, nurses, midwives, paramedics, social workers, care workers, and other front-line health and social care staff including volunteers; the support and specialist staff required to maintain the UK’s health and social care sector; those working as part of the health and social care supply chain, including producers and distributors of medicines and medical and personal protective equipment.

Education and Childcare

This includes childcare, support and teaching staff, social workers and those specialist education professionals who must remain active during the COVID-19 response.

Key Public Services

This includes those essential to the running of the justice system, religious staff, charities and workers delivering key front-line services, those responsible for the management of the deceased, and journalists and broadcasters who are providing public service broadcasting.

Local and National Government

This only includes those administrative occupations essential to the effective delivery of the COVID-19 response, or delivering essential public services, such as the payment of benefits, including in government agencies and arm’s length bodies.

Food and Other Necessary Goods

This includes those involved in food production, processing, distribution, sale and delivery, as well as those essential to the provision of other key goods (for example hygienic and veterinary medicines).

Public Safety and National Security

This includes police and support staff, Ministry of Defence civilians, contractor and armed forces personnel (those critical to the delivery of key defence and national security outputs and essential to the response to the COVID-19 pandemic), fire and rescue service employees (including support staff), National Crime Agency staff, those maintaining border security, prison and probation staff and other national security roles, including those overseas.

Transport

This includes those who will keep the air, water, road and rail passenger and freight transport modes operating during the COVID-19 response, including those working on transport systems through which supply chains pass.

Utilities, Communication and Financial Services

This includes staff needed for essential financial services provision (including but not limited to workers in banks, building societies and financial market infrastructure), the oil, gas, electricity and water sectors (including sewerage), information technology and data infrastructure sector and primary industry supplies to continue during the COVID-19 response, as well as key staff working in the civil nuclear, chemicals, telecommunications (including but not limited to network operations, field engineering, call centre staff, IT and data infrastructure, 999 and 111 critical services), postal services and delivery, payments providers and waste disposal sectors.

If you are covered by any of these categories you should contact your local school for further guidance or the local authority if your local school is closed.

It goes without saying that we are thankful to those individuals who continue to deliver services that will help the national effort to combat this disease. It’s important that we all continue to support each other and follow the governments advice of keeping children at home if at all possible, not relying on grandparents to provide childcare (or those with underlying health conditions) and doing everything we can to ensure children are not socially mixing in a way which continues to spread the virus.

Government Launches New Online Isolation Note System For Those Off Work Due to Coronavirus

Fri, 20 Mar 2020 10:54:48 GMT

We confirm the latest news from the Government concerning SSP.

In line with the Government’s commitment to support businesses who are paying sick pay to employees that are absent from work due to Covid-19, the new online isolation note system has now been launched.

The government have announced that SSP payments, which will cover up to 2 weeks’ SSP per eligible employee who has been off work because of COVID-19 will be refunded. Refunds will be made for all employees who are not ill but are unable to work because they have been advised to self-isolate in line with Government guidance and SSP will be payable from day 1.

SSP is currently £94.25 each week increasing to £95.85 from 6th April 2020 and for businesses to qualify employers will need to have fewer than 250 employees (the size of an employer will be determined by the number of people they employed as of 28 February 2020)

As an employer you should maintain records of any employee absences and payments of SSP in relation to Covid-19 (remember that best practice is that you should be keeping records of all absences in the business and ideally on a secure HR database ) but importantly, through this period, you should ask employees that are absent due to the virus to provide you with an isolation note where they are absent from work for more than 7 days.

For those that are not able to access the online system or where they don’t have an email address Matt Hancock, MP, has confirmed that individuals can have the note sent to a family member or friend or directly to their employer.

The government have not yet announced how the repayments will be made but we are keeping a close eye on the situation as it evolve and will provide an update as soon as we know more.

For any advice and support on sick absence relating to Covid-19 or any other sick absence issues in your business contact us today.

Let's Talk: Communication During the COVID-19 Pandemic

Thu, 19 Mar 2020 10:39:42 GMT

We examine how employers should maintain effective communication during the coming weeks, and the importance of doing so.

Like everyone, we are all closely monitoring the developing COVID-19 situation. As a business owner your priority is to ensure the health, safety and wellbeing of your staff, clients and other business contacts, as well as continuing to deliver your services with minimal disruption.

This is going to be a challenge for us all over the coming weeks and will undoubtedly become increasingly difficult as the Government announce news measures on how to combat the spread of the disease.

Communication with your employees throughout this process is vital to ensure that they are fully aware of the impact that this situation and, any decisions you make as a business, has on them.

The good news is that this doesn’t have to be overly complicated and we should all take a common sense approach. Ideally you should be communicating with employees on a daily basis (think along the lines of the Government updates although they don’t need to be this long or as formal)

Regardless of if your employees are still onsite or working remotely you should schedule daily calls to ensure that you are updating them on key changes and to ensure that they are not left feeling isolated. This doesn’t mean that you single handedly need to call each and every employee. Line managers can ensure that they are contacting their own team members and then you can have a regular call where everybody in the business joins. This will also help to keep spirits up .

When communicating to employees re-assure them that as a business you are confident that the approach that you have taken to keep them safe and to ensure that the business survives is the most sensible.

During any updates you should:

Be clear

Provide an overview of key clients, contracts and work volume and the impact of the government guidelines on the business.

Cement Key Messaging

Tell employees how and when you will communicate with your clients, partners and service providers so that they understand the key messages of your business.

Advise on Ways of Working

Provide updates on ways of working (for example remote working where possible or where this is not possible how you will adapt to ensure employees are protected).

Update Them on New Technology

Update employees on key IT changes or infrastructure that you have/will put in place to help them to work more effectively when working remotely.

GDPR and Data Security Guidance

Provide guidance on GDPR compliance and any data security issues which you may face as a business as you adapt to remote working (where these are not already in place)

Convey Health Advice

Provide guidance on what to do if employees do display symptoms of the virus or if anybody in their household shows symptoms.

Keep Them Connected

Tell employees what is happening in any other locations that you operate from so that they understand how the spread of the virus is impacting their colleagues.

Reassurance

Re-assure employees that you are closely monitoring the situation and will continue to follow government guidelines.

Points of Contact

Suggest that employees keep in close contact with their line manager throughout any periods of home-working.

Tell them employees who to contact in the business is they have any concerns (for example about their wellbeing)

Most importantly be upfront and honest at all times! The situation is changing by the hour and, although there will be some business decisions that you cannot share, you should be transparent when communicating with your teams about the impact that the pandemic will have on the business and on them.

To make sure you have all the latest HR news straight to your inbox sign up to our newsletter today.

6 Top Tips for Looking After Your Employees During the COVID-19 Pandemic

Wed, 18 Mar 2020 10:29:00 GMT

Our Co-Director provides her top tips on taking care of employee wellbeing during the COVID-19 pandemic.

During these uncertain times and with an increase of flexible working and, in some cases, businesses placing employees on Furlough Leave , it’s important that businesses focus on the well-being of their employees. Although the road ahead is long, we will come out of this at the other end and for employers and employees the path to recovery (both mentally and physically) will be challenging.

The mental toll that these unprecedented circumstances can take on us all mustn’t be underestimated. We all have our own personal battles whilst trying to balance our work responsibilities and the way ahead is to all start taking better care of one another and to keep talking.

Mental health and wellbeing can still be a taboo in many workplaces. With mental ill health costing UK employers £30 billion every year through lost production, recruitment and absence and, with many employees still finding it difficult to speak to their employer, it’s now time for us all to open up a little more.

So with the spread of Covid-19 increasing rapidly, where can employers start when it comes to ensuring they are focusing on employee wellbeing?

Make sure that you understand what ‘mental health’ means and address any misconceptions that you might have. This will mean that you are better placed to address any issues that do arise in your business over the coming weeks and months.
Ensure that all employees who have been asked to work from home have regular contact points so that employees aren’t left feeling isolated.
Have regular team calls, at least weekly, (via Skype or Microsoft Teams) to ensure that wider groups of employees are keeping in touch and catching up on the impact of the situation on the business.
Communicate regularly, sending email updates in line with the latest government advice (simple but effective) and be honest! We are all in this together and glossing over the impact of Covid-19 on your business and employees will help nobody.
Train your managers to be able to have conversations with employees about sensitive issues like their mental health through these difficult times. Ensure that they know how to signpost individuals on where to get support from and that they know what warning signs to look out for (such as a sudden dip in performance or lack of contact). Remember that unlike many physical illnesses and disabilities, mental health illness is not often visible and so can be harder to identify.
Once we are through the worst of the pandemic, commit to improving mental health in your business including simple things like promoting a good work-life balance. Take it a step further and include a statement in your employee handbook on Health and Wellbeing, outlining your approach and what support you offer to employees.

Simply put, promoting positive mental health and employee wellbeing in the workplace throughout this period can be hugely beneficial for your business. Employees with good mental health are more likely to perform well and continue to be engaged once we have all emerged from the other side of Covid-19. It’s important to remember that it is often a combination of factors which will impact on your employee’s mental health (both at work and home) and you may not be able to help address all of the issues.

Do what you can as an employer, keep communication channels open, offer support where you can and keep employees updated on how to keep themselves safe and what’s occurring in the business.

And finally, partner with a HR provider to ensure that you have all your employee health and well being needs covered.

Who, When, How: All You Need to Know About Introducing Working From Home

Wed, 18 Mar 2020 10:10:12 GMT

Working from home is beginning to be widely introduced as social distancing measures are encouraged by the government. We examine what you need to consider when introducing home-working.

As measures are put in place to help stop the spread of COVID-19, pressure is being placed on businesses to enable their staff to work from home or otherwise work more flexibly so that we can all play our part in social distancing and minimise our travel.

That will of course be easier for some employers than others and will be dependent on your industry and the type of services that you deliver. In many cases it may be the case that within your own business you have some teams and individuals that can work from home whilst others cannot. So where do you start when there is an increasing pressure for us all to limit our social interactions and limit all non-essential travel?

If you haven’t already done so, your priority should be talking to and working with employees so that you can understand individual circumstances and are able to support your employees and your business through the coming weeks and months.

Where you aren’t able to take a blanket approach of allowing everybody to work from home, the quickest and easiest way to understand the impact on your employees and your business is by collating data from your employees on the their individual circumstances. Then use this information to make informed decisions about your next steps.

Ask your employees direct and pertinent questions in a short questionnaire , explaining that you are gathering this data to help support employees and the business through the challenging times that lay ahead.

Here are some suggested questions:

Do you have a weakened immune system or a long-term medical condition such as diabetes, cancer, chronic lung disease or respiratory conditions such as asthma? Or do you live with anybody who has any of these conditions?
Are you pregnant or living with anyone who is pregnant?
Do you have any regular caring responsibilities for sick or elderly relatives or anybody who is considered to be in a high-risk category?
Do you need to use public transport to get to work?
Do you have the necessary physical equipment (computer, phone, desk etc) to work from home if this was needed?
Do you have the necessary applications or software to work from home if needed?
Do you have access to a reliable and secure internet connection?
What business tasks would you be unable to perform from home?
Are you able to use call forwarding to take calls at home or on your mobile?
What additional equipment would you need to work from home for a sustained period of time?
Will you require additional training or support to work from home or to use any remote working systems?
How long could you work from home before your work productivity is seriously affected?

Please also remember that you have responsibilities as an employer in relation to GDPR and data security and these are things that need to be accounted for in any planning that you undertake.

We know that every business is different and the difficulty for us all is that there is no one size fits all approach as we navigate our way through this period of uncertainty. If you require any specific advice, please contact us today.

Your Complete Guide to HR During the COVID-19 Outbreak

Wed, 18 Mar 2020 09:58:19 GMT

These times of change and confusion mean it is more important than ever to ensure you are operating as clearly and as fairly as possible with your employees.

All businesses will now be in the stage of planning and prevention and as we all start to feel the increased pressure on our businesses from the COVID-19 virus, we can all make some immediate changes to protect staff and help plan for future disruption if things continue to escalate.

As an employer, you have a duty of care for your employees health and safety at work along with their well-being. As we work through the coming weeks and months this will become even more paramount. To make sure that you are doing all you can there are some simple steps that you can take now:

HR Basics

Make sure that you have up-to-date emergency contact details for all your employees and use secure HR software to store this information.
Ensure that employees know how to report any absence relating to Covid-19 (for example if you require employees to email their line manager or log their absence on a HR System ).
Remind employees what symptoms to look out for.
Remind employees of the latest advice with regards to self-isolation for anyone, or anyone who lives with someone, who develops a new, continuous cough or a high temperature.
Make sure that your employees know what your response to the pandemic is and what you are doing as a business to help reduce the spread of the virus so that they can help ensure clients, suppliers etc. are kept up to date.
Communicate regularly using emails, Skype, Teams and other methods as the situation changes.
Make sure that your managers know how to access and understand all the relevant policies that you will use throughout this period (e.g. emergency dependents leave and sick absence procedures).
The latest government advice is that people should work from home wherever possible so you should take steps to make this possible for as many employees as you can.
Where you do still have employees on site reduce the spread of infection by providing soap and hand sanitiser gels, especially in communal areas like kitchens and coffee areas. Increase the frequency and intensity of office cleaning (considering a deep clean if necessary).
Ban handshakes.
Use your discretion around the need for medical evidence for a period of absence where an employee is advised to self-isolate for more than 7 days (employees can currently self-certify for the first seven days). The Government announced it will introduce a temporary alternative to the current fit note in the coming weeks and we will update you on this in due course.

Protecting your business

Develop a Business Continuity Plan if you don’t already have one in place (a contingency plan) to prepare for a range of eventualities which could occur as a result of the virus.
If you are a larger business, appoint a pandemic lead or team to prepare plans, keep on top of official advice and communicate this to employees.
Consider making laptops and other equipment available for staff who wouldn’t normally work from home (make sure you remain GDPR compliant when considering your IT needs).
Think about the skills you have within your workforce. What transferable skills do you have and will you have enough people to keep business running if you do face staff shortages?
Get creative and where you face challenges consider things like staggering shifts so fewer people are in the workplace at any one time.

We have taken these steps in our own business to ensure that we remain available to our clients throughout this period however, we know and understand that each business is different and will be facing their own specific challenges. To ensure you have your HR needs covered through the pandemic and beyond sign up to our HR Evolve service today.

Short-Time Working and Layoffs: What You Need to Know

Wed, 18 Mar 2020 09:40:37 GMT

There has been a lot of coverage in the news in relation to lay-offs and short-time working, but before you take any action it’s important that you use these provisions in the right way to avoid falling foul of the law in what are already challenging times.

Short-time working and lay-offs are rarely-used legal provisions and businesses will use them when there is not enough work for employees to do. However, a lot of businesses, especially SMEs, don’t have these clauses in their contracts of employment.

Employers can only implement short-time working or lay-offs if they expressly have these terms correctly drafted in their contracts of employment. However, employers can also implement lay-offs or short-time working if they get consent and employees agree to this which, in the current climate, employees are open to as they feel that their only alternative may be redundancy.

In the current climate we are encouraging all of our clients to think creatively about how they can retain their workforce by working collaboratively with their employee base. Don’t make assumptions about what individuals will or will not be willing to do to retain their job and help the business succeed. Taking an open and honest approach with your employees will mean that they feel consulted with and, if the worst does happen, they will feel that they have had every opportunity to help mitigate the situation.

What’s the difference between layoffs and short-time working?

Lay-offs are where an employer asks employees to stay at home and not attend work and be paid for a temporary period whereas short-time working is when an employer requires their employee to work less than their regular contractual hours, for example reducing to a 2-day week.

During these periods, employees who meet the following criteria will be eligible for Guarantee Pay:

Have been employed continuously for 1 month.
Reasonably make sure that they are available for work.
Do not refuse any reasonable alternative work.

These payments are to partially compensate employees for the temporary reduction in salary. These payments are minimal and are a maximum of £29 per day for 5 days in any 3 month period (a maximum of £145) We did warn you that it wasn’t a lot! Not paying guarantee pay counts as an unlawful deduction from wages which could result in an employee raising an employment claim so it is important that you pay this to eligible employees.

As we know this situation is not short term and we won’t return to ‘normal’ for a significant period. This can mean that where employees are affected for longer periods, they may then become entitled for redundancy pay. Employees must resign and provide written notice of their intention to claim this. If this does occur, then employers can avoid redundancies if they guarantee employees 13 weeks consecutive work within 4 weeks of receiving the employees notice.

So in summary, in the current climate if employers are forced to close then they will be expected to pay employees in most cases. Layoffs and short-time working may provide employers with some savings and mitigate the need for any redundancies however, this can only be implemented if the required clauses are in your employees’ contracts of employment or, if they subsequently consent to the changes.

The situation can be confusing so, if in doubt, please contact us at Clear Bridge HR for more specific advice and support.

Protecting Your Employees in Times of Change

Wed, 18 Mar 2020 09:35:12 GMT

Your employees are your No.1 asset - so, in light of the current COVID-19 pandemic, how can you ensure they are protected in times of change or uncertainty?

There are so many scenarios that may arise over the coming weeks and months and the truth is that none of us know what lies ahead. One thing we do know is that the landscape is going to be ever changing and because of this it’s important that you make decisions, which will impact your employees and your business, based on the latest advice and that you keep abreast of the daily updates being released by the government.

Whilst we can’t foresee all the challenges that lie ahead we can provide some guidance on situations which we do anticipate that business owners will face and how best to protect your employees.

Should I let everybody work from home?

If you are operating a business where employees can work from home and the impact on your business will be minimal we recommend that you do so. The government advice of minimizing social interaction and avoiding all but essential travel means that where possible businesses should be looking to transition to their employees working from home so that we call help to stop the spread of COVID-19.

What if I want to send an employee home as a precaution?

If you have not already sent your employees home to work and you have an employee which you are concerned about you can send them home. If you decide to do this the employee should be paid in full as the employee will be considered to be following a reasonable instruction from their employer.

We have a clause in our contracts to say that we can suspend employees briefly without pay? Does this apply now?

This right usually only applies in very limited circumstances and a suspected illness is unlikely to be covered. Unless you retain a clear contractual right to suspend employees without pay or benefits you should not do so as you could potentially face claims for breach of contract, unlawful deduction of wages and constructive unfair dismissal.

What if employees are coming to work when they are ill as they are worried about not being paid?

We already know that this is the case when employees have colds but this situation is different and, we all need to take it seriously. This means that we all need to work together to protect one another. If someone is sick or has been exposed to the virus in anyway, where possible, employers should look at paying any absence as full-paid sick leave to alleviate any immediate financial concerns. However, for smaller businesses this may not be possible and in these cases the government have enhanced sick pay for Covid-19 absence to be payable from day 1 of absence (not day 4 as is normally the case) and these costs are refundable to employers.

Do employees need to provide a FIT note or medical certificate?

No, a FIT note is not required for the first 7 days of absence and employees can self-certify for this period. After 7 days employers can decide what evidence, if any, is required. In the coming weeks the government is expected to introduce a temporary alternative to the current FIT note .

One of our employees has tested positive for Covid-19. What should we do now?

The official guidance is that you don’t need to close your place of work and there are currently no restriction or special control measures. The local Public Health England (PHE) health protection team will come in and conduct a risk assessment and will advise on whether or not a closure is necessary. However, in line with advice if you have any employees how are considered to be higher risk and are not already working from home you should consider more flexible arrangements during this period.

What if an employee needs time off to look after somebody else impacted by the virus?

Employees are entitled to time off work to help someone who depends on them in an unexpected event or emergency. For example:

if they have children they need to look after or arrange childcare for because their school has closed
to help their child or another dependant if they’re sick, or need to go into isolation or hospital

There’s no statutory right to pay for this time off, but some employers might offer pay dependant on their own internal policy or, in these uncertain times may agree to pay any leave taken under dependants leave at full pay for a temporary period. If you do this you must apply the policy consistently across your entire business.

What else can we do to protect our employees?

If you do still have employees on site put up posters reminding them of all the key facts (such as washing hands regularly for 20 seconds) You can download the Public Health England posters here.

For those employees who are working from home ensure that you maintain regular contact with them throughout the coming weeks and months. Isolation can impact individuals wellbeing and regular phone calls, team Skype meetings or having a virtual coffee with a colleague can make a huge difference.

Most importantly keep talking to your employees about the ever-evolving situation and answer any questions or concerns that they may have and finally, keep up to date with all the latest changes that could impact your business by signing up to our newsletter today.

Changes to Statutory Sick Pay: What You Need to Know

Fri, 13 Mar 2020 10:47:14 GMT

Our Co-Director, Katy Cracknell, discusses the latest changes to Statuary Sick Pay (SSP).

As the Government reaches out and continues to help small businesses to survive in these unprecedented times, the Chancellor has set out a package of temporary, timely and targeted measures aimed at supporting businesses through this period of disruption caused by COVID-19.

Sick Pay Support

One of these measures is support for businesses who are paying sick pay to employees that are absent from work due to Covid-19. At the moment businesses have to pay SSP costs directly, but moving forward any SSP payments which will cover up to 2 weeks’ SSP per eligible employee who has been off work because of COVID-19 will be refunded by the government. Refunds will be made for all employees who are not ill but are unable to work because they have been advised to self-isolate in line with Government guidance and SSP will be payable from day 1 instead of the current rule of day 4 for affected individuals.

This change aims to help ensure that employees don’t lose out financially where they are asked to stay at home to help protect others in the workplace and to support businesses who experience financial disruption.

April Changes

SSP is currently £94.25 each week, increasing to £95.85 from 6th April 2020 . For businesses to qualify, employers will need to have fewer than 250 employees (the size of an employer will be determined by the number of people they employed as of 28 February 2020).

Advice for the Coming Weeks

As an employer you should maintain records of any employee absences and payments of SSP in relation to Covid-19 (remember that best practice is that you should be keeping records of all absences in the business and ideally storing this information securely on a HR Database ). An important note is that employees will not need to provide a GP fit note, so please do not enforce rules where you will only pay SSP upon medical evidence - as this will only add unneeded pressure on our health services.

The government haven’t yet announced the repayment mechanism for employers but will work with employers over the coming months to confirm how refunds will be made.

Keep in Touch

These new regulations came into force on 13th March 2020 and it is anticipated that the legislation making the rest of these changes will come into force within the coming weeks, so please keep checking our website for important updates or alternatively sign up to our newsletter today.

This is a small step in the right direction to help support smaller businesses. For any advice and support on sick absence relating to Covid-19 n please contact us at Clear Bridge HR today.

Is discussing Mental Health a taboo in your business?

Mon, 07 Oct 2019 14:26:55 GMT

With the total suicide rate in the UK estimated at 6,507 and the rate of deaths amongst under 25s increasing by 23.7% it’s surprising that mental health can still be a workplace taboo. Mental ill health costs UK employers £30 billion every year through lost production, recruitment and absence and with many employees still finding it difficult to speak to their employer, it’s time for us all to open up a little more..

This year we have seen an increased awareness around mental health in the workplace which has been helped by some famous faces such as Prince William who, in an interview with the BBC earlier this year, said that “bosses need to set the example”, saying the change in culture “has to come from the top”. October is Mental Health Awareness month and on 10th October it’s World Mental Health Day so, if you’re not already doing so, now is a great time to focus on Mental Health awareness in your business.

Where can employers start when it comes to tackling the Mental Health in the work place?

When considering the strategy in your business, we recommend that you do the following:

Make sure that you understand what ‘mental health’ means and address any misconceptions that you might have. This will mean that you are better placed to address any issues that do arise in your business.
Commit to improving mental health in your business including simple things like promoting a good work-life balance. Take it a step further and include a statement in your employee handbook on Health and Wellbeing, outlining your approach and what support you offer to employees.
Train your managers to be able to have conversations with employees about sensitive issues like mental health. Ensure that they know how to signpost individuals on where to get support from and that they know what warning signs to look out for (such as a sudden dip in performance). Remember that unlike many physical illnesses and disabilities, mental health illness is not often visible and so can be harder to identify.
Provide training to employees on some key areas which can contribute to stress in the workplace such as time management training to ensure employees know how to manage their time effectively and don’t become overloaded.
Have a structured 1-2-1 process which ensures that managers and employees are meeting regularly to discuss work priorities and employee well-being.
Offer quiet work spaces to your employees. Often working on a busy, open floor when you have a project deadline can leave employees feeling anxious as well as frustrated. Have a ‘pod’ or area that employees can go when they need to crack on with a task without being interrupted and, if you can’t offer this, consider offering some flexibility and allow employees to work from home when required.
Run regular employee surveys which include a focus on health and wellbeing so that you can identify key trends and to show that you take the health and wellbeing of your employees seriously.
It goes without saying but you should have a zero tolerance when it comes to bullying in the workplace (a top factor causing workplace stress). Lead by example and ensure that your own behaviours are those that you would expect of your employees and most importantly, deal with any issues immediately and thoroughly.
Make employees feel valued! This is one of the most simple things you can put in place to increase your employees well-being. We all know that there’s nothing worse than slogging your guts out and working all hours only to feel that it’s not appreciated. Take time each day to thank your employees and help to turn stress into satisfaction.

If you’re not already planning to do so, please take the time in October to talk to your employees about their mental health and offer support where you are able to. For help creating your Health and Wellbeing strategy, contact us today for an initial conversation.

Flexible working – how can it help my business?

Thu, 19 Sep 2019 14:26:55 GMT

Did you know that many candidates in the current market will only apply for a role if the role offers flexible working and that nearly 9 in 10 UK employees either work flexibly already or wish they could? Despite these facts there is still a distinct lack of jobs that are being advertised with flexible working arrangements meaning that business owners are limiting their own talent pool. What? We hear you cry… that makes no business sense. And it doesn’t!

If you don’t already operate flexible working within your business you could be missing a trick. We know that offering this flexibility can be daunting and you might think that your employees are going to take advantage of this (in our experience very few do) but trust us, the majority of your team will embrace the new way of working and you’ll benefit from more positive outcomes than negative.

What does flexible working mean?

There are many types of flexible working and some of the most common arrangements are:

Home working or working in another location, some or all of the time
Part-time hours
Annualised hours: An employee’s hours are expressed as a total number of hours to be worked during the course of the year.
Shift working
Compressed hours
Job share
Core hours with flexible start and finish times

What are the benefits?

The main benefit to your business is from the point of attracting candidates. If you don’t offer flexible working but your competitor does then you may be cutting yourself off from the increasing proportion of candidates in the market who won’t apply for traditional 9-5 jobs. There are not only benefits to offering flexible working for potential new hires but it also helps to retain existing staff and is proven to save on sickness absence.

There’s also consideration to be given to the diversity and gender pay gap with legislation meaning that firms with more than 250 employees now have to publish figures about their gender pay gap. Although this might mean that the legislation doesn’t apply to you, if you are worrying about these relatively new inclusion issues then flexible working in hiring will go a long way to addressing them.

Most importantly, flexible working is great for your brand. Over recent years it has become a key employee benefit second only to salary so promoting your openness to this flexibility and truly embracing it will help your business stand out from the crowd.

What are you waiting for?

When it comes to considering flexible working in your business start from the position that most jobs have some flexibility regardless of sector, seniority or location and then by considering the following:

Time – How many hours are needed to carry out the job: is this a full-time role, a more than full-time role or could it be a part-time one?
Location – Where do the activities physically need to be carried out?
When – What activities have to be done when

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‘It comes with the job’ Government Holiday Entitlement Campaign – Are you paying your workers the correct holiday pay?

Tue, 27 Aug 2019 15:50:11 GMT

It’s been estimated that in the UK 1.8 million people are not receiving the correct holiday pay resulting in an estimated £1.8 billion of unclaimed holiday each year.

Under UK legislation, every hour worked by a worker or employee accrues an entitlement to paid time off, and nearly all workers are entitled to a minimum of 5.6 weeks’ paid holiday each year (calculated pro rata for those who work part time). The only exclusion is where an individual is genuinely self-employed.

Calculating holiday for your workers can be complicated and there are many misconceptions when it comes to holiday pay for those individuals that are not employees, for example, believing that that zero-hours workers are not entitled to holiday pay (this is not true!)

If you are in a situation where the majority of your business is made up of full-time or part-time, permanent employees that are working fixed hours, have fixed pay and receive the same pay even when they are on holiday then holiday calculations could not be more straight forward. As an example, your full-time employees receive 28 days annual leave per calendar year and a part time worker who works 3 days a week receives 16.8 days. However, it becomes more complex when you have individuals who do not have regular hours or do not receive the same pay each week or month.

So, are you getting it right when it comes to calculating holiday for workers in your business? In short, the amount of pay that a worker receives for the holiday they take depends on the amount of hours they work and how they are paid for those hours. The principle is that pay received by a worker while they are on holiday should reflect what they would have earned if they had been at work.

As a result of the Government campaign, ‘It comes with the job’, it’s likely that workers will become more likely to challenge their employers as they become much more informed of their rights when it comes to holiday pay and entitlement. It’s important that business owners get this right.

As part of the government holiday entitlement campaign, they have released a  holiday entitlement calculator which employers can use to calculate holiday entitlement according to the days or hours worked per week, casual or irregular hours, annualised hours, shifts, and compressed hours. The tool will also allow you to calculate holiday based on a full leave year or part leave year (for example when an individual joins your business part way through the holiday year or leaves before the holiday year is complete)

A holiday pay calculator is a good short-term solution for calculating holiday entitlements. However, a longer term, less time consuming and more consistent solution is to use HR software which will calculate holiday entitlement for you. This means that if you have diverse working patterns in your business (for example, part time, irregular or variable working hours) you can always be confident that your application of holiday entitlement is consistent for everybody.

Finally, if you haven’t done so recently, we’d recommend that you revisit and review your current Annual Leave Policy to ensure that it is compliant and remember these simple guidelines when it comes to holiday entitlement:

Make it clear to your employees that they have the right to paid annual leave and encourage them to use their holiday entitlement.
You cannot pay outstanding holiday pay when it is considered to be a statutory entitlement, trying to avoid employees taking their holiday entitlement and paying it to them as a lump sum at the end of the year is a no no!
Ensure that your employees understand the rules about unused holiday (for example, if there is the ability to carry holiday forward to the next year and what approvals are required)
Keep records of all holiday (ideally on your HR Software tool )
Have a formal written policy in place which clearly sets out the rules in relation to holiday entitlement and accrual and review it regularly to ensure that it is legally compliant.

If you need any help or support with your policy documents or ensuring your team are receiving their correct holiday entitlement contact us at Clear Bridge HR today.

Calculating Annual Leave

Tue, 27 Aug 2019 14:26:55 GMT

Calculating your employee’s annual leave entitlement can be tricky for a growing business, especially if you have a mix of employees working full-time and part-time or working irregular hours.

Most UK workers are entitled to a statutory minimum of 5.6 weeks annual leave per year (the equivalent of 28 days). You can decide in your own business whether or not this includes bank holidays and you can also choose to offer additional contractual annual leave entitlement above this statutory entitlement as a benefit.

You can also decide when your holiday year runs to and from. Some employers opt for a January – December holiday calendar, others opt for a holiday calendar that falls in line with their financial year start and end and some employers will use the employees individual start date as the beginning of the holiday year meaning that each employee has a different holiday calendar (although this can be a little more challenging to juggle as your business grows). It’s really up to you and you need to decide what will work best in your business. Remember that unless you are using individual start dates to dictate the holiday calendar year, when an employee starts work with you part way through the holiday year, you need to calculate their annual leave on a pro-rata basis.

For full time employees the calculation is simple, but things can get a little more complicated when it comes to calculating holiday entitlement for your part-time workers. Part time workers receive a pro-rata holiday entitlement which is based on how many days they are working per week. As an example, a full-time employee would receive 28 days annual leave and an employee working 3 days per week would receive 16.8 days per year. If you have to round up annual leave, remember to do this to the nearest full or half day but don’t be tempted to round down or your employees may end up with less holiday than their statutory entitlement.

The other complication with part time employees is how to deal with Bank Holidays. An employee who works Wednesdays and Thursdays is not likely to be affected by bank holidays and this means that these employees could be receiving fewer annual leave days than their colleagues if you provide paid bank holidays on top of the 28-day statutory entitlement. If you do have a policy that provides bank holidays on top of the statutory entitlement you can give part-time workers a pro-rata bank holiday allowance to address this.

Another challenge businesses face is if they have individuals working a diverse range of hours. In these cases calculating annual leave in days may not work for your business and so you may have to calculate annual leave in hours instead.

Finally, make sure you have a policy in place which clearly sets out the rules in relation to annual leave entitlement and accrual and always remember to keep records of all annual leave requested and holiday taken by employees, ideally using HR Software so you can ensure that you have everything stored centrally.

If you need any help with calculating annual leave in your business contact us today.

Bereavement leave after losing a pet

Sun, 18 Aug 2019 15:54:38 GMT

This week we saw the headlines that an employee, Emma McNulty, claimed that she was sacked on the same day her family dog died. She claimed that she was so struck with grief that she couldn’t attend work but she was told by her employer that she must find cover or risk being dismissed from her role (which they subsequently followed through with)

As a result of this experience she has now started a campaign for employers to offer bereavement leave when an employee suffers the loss of a pet and for employers to recognise pet bereavement in the same way they would a human family member.

What is the law?

Currently all employees have a right to time off to deal with an emergency involving a dependant. Legislation dictates that a dependant could be a spouse, partner, child, grandchild, parent or someone who depends on you for care. However, there is no provision for pets and it’s unlikely that most employers would extend this right to their employees.

There are two sides to every story

There are two schools of thought on this topic (discuss it with your friends and family and you’ll soon find this out!) and a clear divide between those who’s view is that losing a pet is no different to losing a human family member and those who believe that there is no comparison between a human life and a pet’s life. However, it’s important to remember that in some cases animals can mean more to people than their human family and, on that basis, shouldn’t individuals be allowed the same time and space to grieve their loss?

Trends

We have seen a trend recently towards more businesses offering their employees time off to deal with the loss of a pet and some employers have started to acknowledge that, in some cases, the loss of the pet can be equally as distressing as losing a human family member.

These businesses have recognised that grief can have a huge effect on employees and their presence in the office during this difficult time can have an impact on the wider team. More importantly, if an employee is grieving it’s highly likely that their work will suffer and therefore them being physically present in the office is of little or no benefit. It’s these issues that led to businesses pro-actively looking at how they deal with bereavement leave following the loss of a pet.

What next?

Ultimately whatever the situation, time away from the workplace is likely to assist people in getting over their loss, will be much appreciated by the employee and make for a smooth and welcome return to work.

You will need to decide the best approach for your own business but our advice is that a compassionate and supportive approach will demonstrate that you value your employees and this can go a long way to build trust and loyalty amongst your team.

The wide coverage of this case has opened up the debate on what support and time off pet owners should expect for bereavement leave and we predict that this is just the beginning. With some businesses offering ‘Pawternity Leave’ already, this is likely to be a discussion that continues to be in the headlines.

Watch this space for more updates or join our mailing list to ensure you don’t miss HR and legal updates which may impact your business and, i f you feel strongly that this movement is something your business should support then contact us to discuss amending your absence policy.

Employment law changes 2019/2020 – what’s to come?

Tue, 13 Aug 2019 16:00:41 GMT

Already in 2019 employment law has seen a number of legislative changes, including the annual increase in statutory rates (including an increase in the National Living Wage from £7.83 to £8.21), employers of 250 or more employees being required to publish their second annual pay gap data and employers being obliged to provide pay slips to workers as well as employees (and pay slips must now also state the total number of hours worked where pay varies according to the hours worked).

So what employment law changes are left to come in 2019 and as we look ahead to 2020?

Potential reintroduction of tribunal fees (2019 – TBC)

The Government was heavily criticised in 2017 when it was found that the fee scheme introduced in the employment tribunal in 2013 was unlawful. The Ministry of Justice has indicated it may reintroduce fees for employment tribunal claims, if it can find a balance in funding the court system without preventing access to justice – watch this space!

Extension of IR35 Regulations to the private sector (April 2020)

The extended IR35 rules are aimed at reducing tax avoidance for off-payroll contractors working through personal service companies (PSC). Since April 2017 public sector employers have been responsible for deciding whether IR35 applies, and this is being extended to the private sector although the extension will only apply to medium and large sized organisations.

Written statement of terms from day 1 (April 2020)

From 6th April 2020 there will be a requirement for all employees to be provided with a written statement of terms on the first day of their employment, rather than within the first two months as is currently required by the Employment Rights Act 1996.

Parental Bereavement Provision (2020)

Parental Bereavement provisions will entitle employees who lose a child under the age of 18, or suffer a stillbirth from the 24th week of pregnancy, to two weeks’ unpaid leave, as a right from day one of their employment.

The leave will be paid at the statutory rate if an employee has 26 weeks’ service and employers can choose to enhance this if they wish.

Good Work Plan (2020 and beyond)

One of the things you may already be aware of is the ‘Good Work Plan’. This seeks to build on the response by the Government to the Taylor Review and details the intention to improve working conditions for agency workers, zero hours workers etc.

These new laws will include a right for workers to request a more stable and predictable contract, an increase in the period required to break continuous employment from one week to four weeks, a ban on deductions from staff tips and a promise to improve the clarity of the employment status test which has received some criticism to date.

In addition to all these changes, there still remains a very significant question mark over the final terms in which the UK will leave the EU and the impact that this could have on UK employment law. So, whatever your business and whatever your workforce makeup, be sure to keep on top of changes by signing up to our newsletter here and get ahead of the curve by making changes as they happen and not after the event. Alternatively, sign up to one of our packaged services and we’ll make all the relevant changes for you in real time so you can rest assured that your business is compliant.

What are the changes to the IR35 rules in 2020?

Wed, 31 Jul 2019 16:19:49 GMT

There’s been lots of talk about the upcoming changes to IR35 rule s which, from 6 April 2020, will mean that private sector businesses will become responsible for assessing the employment status of the off-payroll contractors they engage (i.e. anybody not being paid via the normal payroll channel).

Medium and large businesses in the private sector that contract with intermediaries for the provision of an individual’s services will have to account for tax and national insurance through PAYE if the underlying relationship between the end user and the individual would be one of employment. However, the reforms will not impact the smallest businesses. This means that where a company satisfies two or more of the following requirements they will be deemed as a small business and be outside the scope of this reform:

an annual turnover of not more than £10.2 million

a balance sheet total of not more than £5.1 million

no more than 50 employees

What is IR35?

IR35 was first introduced in 2000, and is designed to reduce tax avoidance by contractors whom HMRC believe to be ‘disguised employees’. This means people who work in a similar way to full-time employees but bill for their services via their limited companies (ultimately to make their business as tax efficient as possible).

What do the new rules mean?

In essence, the new rules will require an end user client to determine the employment status of an individual supplied via an intermediary. They will then have to communicate this determination and written reasons directly to the party that it directly contracts with and the individual themselves. If the end user client determines that, but for the intermediary, the individual would be an ’employee’ of the end user for tax purposes, the end user will need to account to HMRC for Income Tax and National Insurance contributions (both employer and employee) on any fees it pays to the intermediary (excluding VAT). At present, the responsibility lies with the intermediary, so this is a significant shift.

How to prepare for the changes

If you’re not a small business owner in line with the above and are impacted by the reforms then you should start to prepare now by doing the following:

look at your current workforce (including those engaged through agencies and other intermediaries) to identify those individuals who are supplying their services through Personal Service Companies (PSC’s)
determine if the new off-payroll rules will apply for any contracts that will extend beyond April 2020
start talking to contractors about the upcoming changes and how it could impact them
put processes in place to determine if the off payroll rules apply to future engagements
appoint key stakeholders within various business units to assist with determining status
ensure all new contractor agreements (and any extensions of existing contracts) are consistent with the new rules.

For those businesses where their arrangements are inside IR35, the extra costs going forward could be significant. In addition, HMRC has the ability to recover PAYE and NICs for the last six years. If an end user client determines that the relationship is one of employment it could result in significant historic exposure for the contractor’s PSC. There is nowhere to hide and if your business is impacted it’s vital that you begin planning now as it could take significant time to review your current working relationships and apply the criteria to determine if individuals fall inside or outside of IR35.

For those with PSC’s it can be tricky to determine your employment status, but thankfully you can make sure you’re adhering to IR35 rules by taking the HMRC IR35 test . This simple 10 minute test will help to determine if you are ‘inside’ or ‘outside’ IR35.

If you are worried about the impact of the upcoming changes to your business contact us today for a free, no obligation chat.

clearbridgehr

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