Essentially, as an employer you need to:

• find out who plans to take time off and to grant requests as fairly as possible avoiding discriminating against anyone
• make it clear that requests for time off may not be granted due to business requirements 
• assess provisions for watching the Games during working hours, and any suspicious absenteeism
• consider how to ensure staff who don’t take time off are productive while at work; you may allow them to work flexibly during the Games, or make provisions for them to watch the Games in a specified room or at their desks on the internet. (The internet has made it easy for anybody with an internet connection to watch live coverage of the Games, but, if you do this, make sure you have a TV licence, otherwise you need to bar people from watching any footage on their computers.)
• make sure staff know that the Games are considered an ‘exception to the norm’ and that after the Games it will be business as usual. 

Depending on business location, the Games may impact on travel and business plans – so flexible working arrangements could be considered to accommodate the disruption, such as working from home or changing start and finish times.

Managed proactively, employers minimise the chance of staff taking sickness or unauthorised absence during the Games.  It’s important to remind staff that any period of absence will be dealt with under the company’s Absent from Work Policy and employers must be prepared to discipline anybody found to have ‘thrown a sickie’ in order to watch or go to any of the Games.

So long as employers are fair and consistent to all staff and this applies to all major sporting events e.g. Wimbledon and the football European Championships, then productivity shouldn’t suffer and staff will remain engaged and motivated.

For assistance with any employment matters contact All About The People on 07540889676 or email info@aatpeople.co.uk

It’s important to point out that this change has no effect on claims for discrimination or whistleblowing dismissals, for which there is no qualifying period. Some experts believe that a disgruntled employee lacking the requisite service to bring an unfair dismissal claim might well decide to bring a claim for discrimination on grounds of race, sex, sexual orientation, religion or belief, age or disability, or a whistleblowing claim instead. This could mean an increase in claims entering the tribunal system and further justifies the argument for best practice HR procedures.

The extension in the qualifying period for protection from unfair dismissal was not received well by the Trades Union Congress’s General secretary Brendan Barber. He claims this move has put 2.7 million jobs at risk. He said, “The government’s proposals to weaken unfair dismissal rights risk generating a ‘hire and fire’ culture in the UK.” He expressed concerns that younger workers and part-time women workers could be discriminated against because these groups are less likely to build up 2 years’ service. Mr Barber also accused the government of failing to consider legitimate business concerns in taking this decision: he pointed out that the economy needs to be growing and the banks need to get lending again. His over-riding concern was that this move would create insecure employment which could harm the economy in the long term.

On the other hand Tom Hadley, Director of Policy & Professional Services at the Recruitment and Employment Confederation, commented, “Demand is starting to return to the labour market, but many employers remain cautious. More needs to be done to crank up the UK’s jobs machine, addressing red-tape concerns is part of this”. He goes onto say, “Government is right to make jobs and growth the priority. Reverting to dismissal rights only kicking in after two years will not have the dramatic impact on workers that some are predicting”.

Only time will tell what effect this change will have on the economy and the number of discrimination claims coming before a tribunal, but what is clear is that employers need robust and fair employment policies and procedures to ensure legal compliance. For advice on any employment issues including: probationary periods, poor performance, disciplinary and dismissal processes contact us on 08081972614 or email info@aatpeople.co.uk

Unresolved conflict can fester and lead to costly and damaging formal grievances. Recently, I’ve undertaken several grievance investigations where this has been the case. The grounds for the grievances have included: favouritism; inappropriate behaviour; bullying; harassment; and, race, sex and disability discrimination.  Irrespective of industry sector, I’ve noticed a common theme in all these cases and that’s a significant breakdown in communication between the claimant and their manager.  But, what’s really interesting is that this breakdown often starts months and sometimes even years before a formal grievance is finally raised and by that time, relations are at an all-time low. To then retrieve the situation and establish an acceptable working relationship so that each party can move forward is very difficult and may require costly interventions such as mediation or other considerations such as re-deployment.

So follow these tips to reduce conflict and prevent troubling issues escalating into full blown formal grievances.

1: Communicate. Communicate.  Communicate………Have communication channels in place that allow for employees to bring issues out into the open before they become problems.  Examples: one-to-one meetings; appraisals; and, feedback sessions.

2: Keep Records……..If an employee raises an issue or problem, even informally, keep a note of the meeting and what was agreed.  Documentation of events and conversations will be required as evidence should a more formal grievance be raised at a later date.

3: Have a grievance procedure in place……..It is essential to communicate to all employees a simple grievance procedure, including processes for both informal and formal grievances.

4: Set employee expectations………Make sure everyone understands the company’s goals and expectations. Be clear about job descriptions, responsibilities, and territories to avoid conflict.

5: Introduce fair and equitable recognition initiatives…..Recognise and praise accomplishment so employees feel valued and appreciated for the work they do.

Ultimately, the organisation’s culture and approach to conflict will always determine the outcome.  To reduce conflict and therefore the likelihood of time-consuming, costly and damaging formal grievances:
• keep communication channels are open;
• encourage employees to raise issues informally in the first instance; and,
• ensure managers understand the importance of resolving issues early on.

Contact info@aatpeople.co.uk if you’d like to discuss how All About The People supports organisations manage conflict and establishes best practice and procedures.  We undertake independent grievance and disciplinary investigations in both the public and private sector.

If you’ve not yet thought this one through, you need to urgently carry out an assessment to cover the following areas:  how you use agency workers; in what numbers you use them; do you need to continue using them; the cost implications of compliance with the Regulations; the processes you need to establish to ensure compliance.  To assess the cost implications you will need to take account of and address any pay disparities if potential liability cannot be reduced any other way. For example, you may help to reduce the risk of claims by agency workers, if you can introduce pay grade scales for permanent workers and employees, as well as structured bonus schemes based on length of service (subject to the provisions on age discrimination).

Assuming the need for agency workers remains, then it makes sense to establish the organisation’s policy on the use of these workers and to ensure that all managers are familiar with this policy and implement it efficiently.  Some of the key areas you should consider when putting a policy together are as follows: clarification of what an agency worker looks like; under what circumstances agency workers can be used; an approved list of agencies (it’s critical that you have a good relationship with the agencies you use, so you can agree the terms being offered to workers); agreement on the responsibilities of hiring managers to ensure compliance with your process and the Regulations.

From day one the agency worker will be entitled to certain rights.   These include collective facilities e.g., canteen, car parking; notification of internal vacancies; and, the right not to be subject to a detriment for asserting their rights under the Regulations.  Once the agency worker has completed the 12-week qualification period with you, they are entitled to equal treatment as if employed directly by you. Equal treatment is in relation to: pay; the duration of working time; night work; rest periods; rest breaks; and annual leave.

There’s a complex set of anti-avoidance provisions in the Regulations which will make it difficult for hirers and suppliers to circumvent the qualifying period.  Breaching these provisions means you could be liable for a penalty of up to £5,000. If an agency worker takes a claim to tribunal and succeeds, compensation can be awarded, taking into account the losses suffered by the worker and the tribunal’s assessment of what is just and equitable (subject to a minimum award of two weeks’ pay). The Regulations have been drafted so that class actions for denial of rights under them are possible. Therefore, agencies and hirers could be liable for substantial awards.

If you’d like assistance with implementing these Regulations, understanding their application (e.g., how eligibility is affected by breaks in service such as sickness absence or maternity) and putting a policy and process together that’s relevant for your organisation contact info@aatpeople.co.uk

Most of the business owners I meet and, to be honest, it makes little difference whether they run small, medium or large businesses do have an understanding of the importance of employment legislation, but they share a common concern as to how to keep up with new developments.   And it’s not surprising that they admit their concerns: the employment arena has so many complex procedural processes that there is a very real fear of facing a tribunal claim, which is both costly and damaging to their business on many levels. The media provides a snapshot of the latest changes as they come into force, but this is just not enough information or input for the average organisation. 

What business owners really need to understand is whether a new law or a change in legislation has an impact for their business and, if so, what actions they need to consider to ensure legal compliance.  I’ve no doubt that most employers know (even if they have yet to take action) that they have duties under the Equality Act to ensure there are no discriminatory practices in the workplace, but how many have considered the implications of the new Bribery Act, or even thought about the new rights soon to be given to eligible agency workers under the Agency Regulations coming into force in October this year? 

No business can afford to be complacent thinking that employment legislation doesn’t affect them when the reality is that all employees have rights whether the business employs 1, 100 or 10,000 employees.  

One of the key benefits of consulting with Human Resource specialists such as All About the People is that we translate employment law requirements into robust Human Resources policies and practices tailored to our clients’ needs ensuring compliance and significantly limiting risk.  For more information please contact our Managing Director, Mary Zananiri on 07540889676.

The handbook is a great way to support your company’s culture and if you don’t have one yet, take a look at some of the benefits you could realise:

1. increased employees’ understanding about the organisation and their role within it and so reduced risk of misinterpretation and misunderstanding
2. the opportunity to communicate key messages about your cultural values, strategic vision and goals
3. openness and transparency around management practices and expectations
4. communication of a consistent message to all about all matters relating to the employment relationship and the company
5. improved management practice by having known and well communicated rules that apply to all, so avoiding the risk of having different rules for different employees
6. avoidance of time consuming questions from employees on your procedures
7. managers won’t have to think on their feet when facing an employee query if you already have an established practice documented
8. the provision of good evidence that employees are aware that certain conduct can result in disciplinary action or dismissal
9. a means of informing employees about performance expectations
10. proof that employers have acted fairly, in accordance with set policies and procedures and can be invaluable for employers facing a tribunal claim

If you want to realise these benefits for your company contact All About The People on 07540889676 to discuss putting in place an employee handbook specifically tailored to suit your company’s needs.

Employers need to act now to understand how this Act impacts them and put in place proportionate measures to mitigate any risks.

So what is bribery?

The Act defines the offences of both active and passive bribes as follows:

An active bribe is a financial or other advantage offered, promised or given to induce a person to perform a relevant function or activity improperly or to reward him or her for doing so.

A passive bribe is requesting, agreeing to receive or accepting a bribe. A bribe takes place even where the advantage offered is to be provided to a third party.

The Act also introduces offences in relation to bribery of foreign public officials; and the corporate offence of failing to prevent bribery.

What measures can you take?

Companies will not be liable for offences of bribery by associated persons. under s.7 of the Act, (this includes individuals and companies, so covers employees, agents, contractors, suppliers [who perform services] and subsidiaries based in and outside the UK) where they can demonstrate the “adequate procedures” defence.  The Government’s guidance sets out six key principles that companies should follow when devising bribery prevention procedures and these will help with an ‘adequate procedures’ defence.  These include having anti-bribery policies, staff training and a rigorous management and compliance framework to deal with instances of bribery.

If employers cannot successfully establish an “adequate procedures” defence, they will be liable for the actions of associated persons, including employees, agents and contractors.

What’s the risk to the company or to individuals?

The potential penalties are:

• an unlimited fine  for companies
• up to 10 years imprisonment, an unlimited fine or both for individuals
• potential debarring from tendering for public procurement contracts for companies involved in public contract work
• a number of risks, including prosecution as an officer of a company involved in bribery, and potentially disqualification from acting as a director for company directors

If you think your company or you personally, could be at risk of a monetary fine, or even a prison sentence through non-compliance with the new Bribery Act, contact All About The People on 07540889676 to discuss the specific actions you can take to reduce the risk of bribery and to establish adequate procedures to ensure compliance.