Blue Monday is this year the 15th January 2024, i.e. today, so it’s a useful trigger to remind Managers to be far more aware of issues related to employee mental health.

Blue Monday, a concept coined in 2005, is considered the most depressing and challenging day of the year for mental wellbeing, attributed to factors such as gloomy weather, post-holiday blues, and financial strains. While it’s not scientifically proven, it symbolises a period where people may feel more down than usual and offers a timely reminder of the importance of supporting mental health in the workplace.

Why SMEs Need to Act

In a rapidly changing world, mental health has become a crucial aspect of employee welfare. According to 2023 survey findings from the CIPD, Mental Ill Health was the 3^rd largest causes of short-term absence (39%) and was the leading reason (63%) for long-term sickness absence in those surveyed.

For SMEs, the impact of poor mental health and any associated sickness absence can be more pronounced, affecting productivity, employee engagement, and overall workplace morale. All of which will have an impact on the bottom-line.

Actionable Strategies for SMEs

For many Managers it can seem difficult to know where to start. The key is to do something, no matter how small, so here are some ways to kick start your business to a healthier 2024:

• Promote Open Communication: Create a culture where employees feel comfortable discussing their mental health. Create a safe space where employees feel comfortable sharing their concerns without fear of judgment or repercussions. This can be facilitated through team meetings, one-to-one check-ins, or anonymous employee surveys or informal feedback.
• Regular Check-ins: Make mental health check-ins a regular part of your Management protocol, and talk about wellbeing. A good introduction is to volunteer some information about how you are feeling first, as it shows some of your own vulnerability (and humanity), as then invites the employee in turn to put forward how they are feeling as well. This ensures continuous support and shows employees that you treat their wellbeing as a priority.
• Promote a Healthy Work Environment: Foster a positive work culture where achievements are recognised, and failures are seen as learning opportunities. Encourage regular breaks, provide a comfortable work setting, and ensure workloads are realistic and manageable.
• Flexible Working Options: Recognise the stressors of modern life and offer flexible working arrangements where possible. This can include flexible hours, the option to work from home, or compressed hours. Such measures can significantly reduce stress and improve work-life balance.
• Training and Resources: Provide training for Managers and Team Leaders on recognising signs of mental distress, and how to approach these conversations sensitively. You could also reach out and establish partnerships with local mental health organisations for support. Consider training and appointing a Mental Health First Aider in your workplace.
• Mental Health Education: Share information to your staff about mental health services available, such as counselling or employee assistance programmes. Organise workshops or seminars on mental health awareness. Knowledge and understanding can significantly reduce stigma and encourage employees to seek help when needed.
• Wellness Activities: Promote physical wellbeing as a way to enhance mental health. Initiatives could include organising group activities, or providing gym memberships at a discounted rate. Organise activities or provide resources that focus on mental health. This might include simple initiatives like a ‘walk and talk’ lunch break, that can make a real difference.
• Recognise and Reward: Acknowledge the efforts of your employees. A little recognition can go a long way in boosting morale and mental wellbeing.
• Personal Development Opportunities: Offer opportunities for personal and professional growth. Employees who feel they are developing their skills and careers are more likely to be engaged and have higher job satisfaction.
• Lead by Example: Leadership should openly prioritise their own mental health and wellbeing. When leaders model healthy work-life balance and self-care, it sets a positive tone for the entire organisation.

Conclusion

For SMEs, it’s essential to remember that the wellbeing of your employees directly impacts the health of your organisation.

During this week, consider taking one of the strategies mentioned in this article to support and promote positive mental health in your workplace. By taking proactive steps, not only can you support your employees through challenging times, but you can also foster a more positive, productive, and supportive workplace environment all year-round.

BackupHR Training

Getting the best from your team requires skill and dedication. Supporting wellbeing at work is just one way that Managers contribute towards the effectiveness of your staff.

Our Management Training Programme for 2024 covers a toolbox of strategies and essential practical skills, designed to equip those who are new to Management, or to offer further development or a refresher of existing skills for more experienced Managers.

Delivering Bad News: 7th February 2024 – Quy Mill Hotel & Spa, Quy, Cambridge

Core Skills for Managing People: 24th April 2024 – Park Farm Country Hotel, Hethersett, Norwich and 17th October 2024 – Quy Mill Hotel & Spa, Quy, Cambridge

Handling Difficult Situations; 21st November 2024 – Park Farm Country Hotel, Hethersett, Norwich

Contact Jackie today by e-mail: jackie@backuphr.com or 01480 677981 and visit www.backuphr.com for more information on how our training course can benefit you and how to book.

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

Has an employee ever said something they don’t mean in anger or frustration? Or said they’ll resign, when everybody knows they don’t mean it?

And, have you ever been tempted to take it as a perfect opportunity to accept their resignation? Or have you ever said “you’re fired” but relented quickly after you calmed down?

These are not uncommon situations. And, we probably all know of employees who threaten to resign on a weekly basis. But a recent case, Omar v Epping Forest District Citizens Advice has given some real clarity on how to treat such situations.

It is important as it comes from an Employment Tribunal Appeal (EAT), and is likely to set a clear legal precedent for future cases. The real lesson from the case is that if it doesn’t look like a resignation, then you probably can’t treat it as such. Likewise, the employee can’t treat as unfair dismissal something said in the heat of the moment, that was clearly not meant.

The case revolves around a claimant, Omar, who resigned during a tense interaction with his Manager, and subsequently attempted to retract his resignation. He claimed that his decision was made impulsively in the ‘heat of the moment.’

Despite this attempt to retract, his employment was terminated, leading Omar to file for Unfair Dismissal. Initially, the Tribunal sided with the employer, stating that Omar had indeed resigned. However, this decision was appealed.

The EAT found the Tribunal’s reasoning to be flawed, and sent the case back to a new Tribunal for reconsideration. So, while it has not said Omar was unfairly dismissed, it has provided significant guidance on how to interpret ‘heat of the moment’ resignations (and dismissals).

This guidance is crucial for both employers and employees to understand the legal implications of impulsive decisions or outbursts that are made under duress or in a highly emotional state.

Key Points:

• Irrevocability of Resignation: First of all, once a resignation is properly and effectively given, it cannot be unilaterally withdrawn. Once you have genuinely resigned or dismissed someone, you cannot retract it unless the other party agrees.
• Objective Assessment of Resignation Words: Resignation statements should be evaluated objectively, considering all circumstances of the case. Crucially, this includes the test; would a “reasonable bystander” interpret this as a genuine resignation or dismissal?
• Importance of Context and Reasonable Bystander’s Perspective: The context surrounding the resignation, including factors influencing how the language used would be understood by a reasonable bystander, is crucial. This might include the subjective understanding of the recipient, but it is not the sole deciding factor.
• Clarity of Intention to Resign: The resignation must be clear and unambiguous. It’s insufficient if the party only expresses an intention to resign in the future. The recipient must understand that the speaker is actually resigning at that moment, and it must appear ‘seriously meant’ or ‘conscious and rational’ from a reasonable bystander’s perspective.
• Assessment of Intention and Subsequent Actions: The Tribunal must assess whether the words of resignation appeared to be ‘really intended’ at the time they were said. Post-resignation actions are relevant but become less significant over time, potentially indicating a change of mind rather than the original intention.

The EAT’s guidance in Omar v Epping Forest District Citizens Advice provides a comprehensive framework for both employers and employees to understand and navigate the complexities surrounding ‘heat of the moment’ resignations and their legal consequences.

It might appear to be the perfect opportunity to accept such a resignation from an awkward character, but be very careful. The background, the situation and the tone, as well as the crucial question “Did they really mean it?” have to be asked.

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

There have been a lot of articles in the press recently around the subject of holiday pay.

Many have covered a very important Supreme Court case, Harpur Trust v Brazel 2022, which essentially threw the whole subject of holiday pay, especially for “variable” or “irregular” employees, into a state of chaos.

In fact, so much chaos that the Government has reacted very quickly with new regulations that essentially overrule the decision in that case.

But what has not been so widely covered is that while the regulations come into force on 1^st January 2024, they will not apply to anyone whose holiday year starts before 1^st April 2024, in other words four months later.

So much of the immediate editorial that was produced has put employers into a flat spin on how to treat employees who fall between 2023 and 2024 in terms of their holiday year. So, employers can relax, if that is the right word, safe in the knowledge that we will be briefing them fully on holiday pay in the New Year, in preparation for their next full holiday year. If any organisation has a holiday year that starts on 1^st January 2024, they will have a full year to prepare, as they will not have to implement any changes until January 2025.

So, all of your payroll staff can go away for the Christmas break safe in the knowledge that the model created by Harpur v Brazel will continue for some time yet, but at least they have some sort of idea of what they are doing.

The new rules, which are much simpler, will not come into force for at least four months. We will write more fully about what to do with holiday pay for workers that work variably or irregularly in the New Year.  We will also cover this topic on our next free Webinar on Thursday, 18^th January at 10.50 a.m., so please make sure you join us then.

 

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

Since the pandemic, this feels like the first year when we are almost back to normal. And, for many employers this could be the first time they have held any event to mark the Festive Season since 2019.

So, it is worth reminding staff what is expected of them in terms of behaviour. Organisations have to lay down some ground rules, or else someone could misbehave, let themselves or the organisation down, and even lay themselves open to disciplinary action.

And, even if the pandemic feels as if it is over, you will still need to do a proper risk assessment, identifying the problems, risks and the safest way to operate, especially if you have some staff who are still vulnerable.

It is still work

Even some private social gatherings, if they are identifiable as members of the organisation, can fall under the employer’s rules, and the employer can even be held responsible for the (mis)conduct of their employees.

So, just because a Christmas party takes place outside of work hours, away from their premises, it does not mean that any misconduct falls outside of the employer’s control. And, if it is the employer who has organised it, the event will almost certainly be classed as ‘work’, so at least a modicum of responsible behaviour will be required.

If Management are going to attend, however, it is even more legitimate to expect employees to be on their best behaviour. Such a situation means that any transgressions can be treated more harshly, simply because any inappropriate activity is likely to be more damaging to the organisation’s interests.

The most common misconduct issues we have to deal with are alcohol-related. While employers might accept some level of intoxication, they need to act if drunken behaviour is damaging to business interests, whether as a result of harassment or violence to a co-worker or a third party, or even simply by harming the organisation’s reputation.

If the decision is taken to dismiss an employee for drunken misconduct, Employment Tribunals will always be more critical if employers or Managers have contributed to that employee’s intoxication, either by providing them with alcohol themselves, or granting them the use of a free bar.

But the danger is that the relaxed nature of an office party can also lead to actual occurrences of harassment, or even violence. When investigating complaints, drunkenness or high-spirits should never be considered a sufficient excuse for inappropriate behaviour, or as evidence that the victim of alleged harassment was a willing participant.

And, do not forget third parties. Serving staff or, more importantly, entertainers. Any harassment by them, a racist comedian would be the obvious example, could be problematic and laid at the employer’s door.

Such matters should always be evaluated with a sober mind in the cold light of day, to ensure that they are dealt with in a fair and reasonable manner, and in full compliance with the organisation’s internal policies and procedures.

After the party

Finally, even when the party is over, there are still some important issues to consider. In arranging the event and providing the alcohol, employers will be seen to shoulder some of the responsibility for the outcome.

Therefore, it may be prudent to arrange suitable transport in order to take home any revellers who might be the worse for wear, or just close to/over the legal driving limit. Responsible behaviour here could range from making sure everyone is aware of the telephone number of local taxi firms, up to going the whole hog and providing all employees with transport on minibuses.

Of course, the fact that an intoxicated employee has managed to find their way home is no guarantee that they will turn up for work the next day.  As a result, employers should always clarify when staff will be expected to arrive in the office the following morning, particularly if the party is held on a weeknight. Any unauthorised absence can then be addressed using the Attendance Management, Absence and Sickness policy.

In summary then, if an employer wants to have a stress-free Christmas party season, they might benefit from following the steps below:

• Discuss now whether staff are still keen to party, want to defer it or celebrate another way.
• Make sure you do a proper risk assessment.
• Prior to the event, make sure that everyone is aware of how they are expected to behave, and whether or not they are expected to come into work the next day.
• During the social event itself, it can help to have a responsible Manager present to monitor employee behaviour, and perhaps have an informal chat with any party-goers who might be taking things a bit far.
• At the end of the party, consider supplying or arranging transport, particularly if the organisation has been providing free alcohol.
• When it’s all over, ensure any complaints are investigated fairly and comprehensively, in accordance with relevant internal procedures.

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

The Government has been considering the Low Pay Commission’s recommendations on minimum wage rates.

They were widely reported to be considering a range of between £10.90 – £11.43 an hour, as well as looking at the age range the National Minimum Wage related to.

Yesterday (21st November), they announced new rates that will apply from 1^st April 2024. And, they represent a big increase; in fact, the largest increase in cash terms that there has ever been. They are particularly large for those workers who are 21 or 22 years old, as the top rate now includes them, rather than starting at the previous age of 23.

So, the new rates are:

• 21 and over                          – £11.44, up from £10.42
• 18 – 20                                 – £8.60, up from £7.49
• 16 to 17 and apprentices   – £6.40, up from £5.28

There will be plenty more news to report from the Autumn Statement today, but this announcement will allow employers to start budgeting for next year.
 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

A couple of new bits of legislation came onto the statute books over the past few weeks, which are especially relevant to those looking to recruit.

New rehabilitation of offenders rules are aimed at helping more people into work by reducing the time that many offences are notifiable. In other words, how long after their sentence do ex-offenders have to continue to disclose their sentences to a prospective employer.  The other part, which slipped through rather unannounced in September, relates to Right to Work checks, to EU citizens and to the penalties for getting this very important process wrong.

First of all, numerous statistics show the problems that ex-offenders have getting back into employment after their sentences have been served. The new Police, Crime, Sentencing and Court Act 2022 makes some changes.

First of all, it is worth saying that the most serious offences are exempt from these provisions, mainly offences classified as “serious violent, sexual and terrorism offences”. But the main changes are:

• Those with sentences over 4 years were previously required to disclose their sentence indefinitely. For all but the most serious offences, this requirement now disappears 7 years after they come out on license.
• For sentences of 2½ – 4 years, the length of time they are required to be disclosed is reduced from 7 to 4 years.
• Sentences of 1 – 2½ years remain unchanged at 4 years.
• Those 6 -12 months are reduced from 4 to 1 year.
• Those up to 6 months from 2 to 1 year.

There are some further requirements around those who reoffend within a certain time, but broadly speaking, these new disclosure requirements are aimed at improving ex-offenders chances of developing a career. Particularly those who have served shorter sentences.

It is also worth remembering that you should not request details of criminal offences unless you have good reason related to the job and employment sector you are asking people to undertake, e.g. education, health and social care.  The whole point of legally requiring ex-offenders to declare unspent convictions is to save most employers having to do this.

With regards to Right to Work legislation, the penalty for getting it wrong has gone up from £45,000 to £60,000 per employee. A significant hike, and it is hoped by the Government to be a significant deterrent.

And, in a very unheralded change, those with EU pre-settled status obtained before 1^st July 2021 have now had that status extended automatically by two years. This should potentially give them up to a maximum of 7 years to claim settled status in the UK, which once achieved means, subject to certain conditions, they have indefinite leave to stay and work within the UK.

We have covered this in previous webinars and updates, but a very full guide to right to work checks can be found on the Government’s website here.

If you are in any doubt, we may be able to help you, but remember we are not immigration lawyers but HR specialists. In particularly tricky cases, this is a very specialist area of legal expertise.

Finally, it is important to make sure that right to work checks for all (and DBS checks if so required), make up a key part of completing your selection process, including we would add, the receipt of satisfactory employment references.

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

The UK Government has recently passed the Workers (Predictable Terms and Conditions) Bill, and it has received Royal Assent. This Private Members Bill will, in time, grant millions of workers more control over their working hours.

Supported by the Department for Business and Trade, the legislation aims to provide workers, particularly those on zero-hours or atypical contracts, with the right to request more predictable working patterns.  If a worker’s existing working pattern lacks certainty in terms of the number of hours they work, when the hours are worked, or, if they are on a fixed term contract for less than 12 months, they will be able to make a formal application to change their working pattern to make it more predictable.  Once a worker has made their request, their employer will be required to notify them of their decision within one month, a timescale even more exacting than next year’s amended legislation that will require employers to deal with flexible working requests in two months.

This move is part of a broader initiative to improve workers’ rights, including a significant increase in the National Minimum Wage, and enhanced protections for parents and unpaid carers.

The aim of the Act is expected to benefit both workers and businesses by increasing job satisfaction and staff retention. But it will also create uncertainty for a while as both sides and the Courts decide how it will work in practice.

ACAS, the Advisory, Conciliation and Arbitration Service, is developing a Statutory Code of Practice to guide both parties in implementing these new rights. The Act is expected to come into force approximately one year after receiving Royal Assent, allowing employers time to prepare.

Action Points:

• The new law is expected to come into force in about a year, so employers should consider whether this will affect them and if so, whether they start reducing their over reliance on employing workers on irregular working patterns.
• Organisations will have to review their current employment contracts and documentation to ensure they comply with the new requirements.
• Employers need to review the number of workers on atypical contracts, and whether it is likely that moving to more predictable working hours would reduce the number of formal requests they may receive.
• ACAS is proposing a public consultation on the draft Code of Practice – workers and employers should participate.
• BackupHR will let our clients know when ACAS publishes this Code of Practice. We can then provide guidance on handling requests.

 

 The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

COVID changed the face of many workplaces and employer’s attitudes to working from home. Not surprisingly perhaps, as many organisations could not have survived without it during the Pandemic.

And, as we returned to some sort of normality, many have been asking how effective it really is, with a more recent and increasing trend for many employers to start encouraging more people back into the office in an effort to improve efficiency, creativity and team working.  While other employers have been actively incorporating it into their workplace, especially the prevalence of Hybrid Working, a combination of office and home working.

So, the Government wanted the answer to many questions. The UK’s Hybrid Work Commission, in collaboration with the CIPD, has now released a comprehensive report outlining the benefits and challenges of hybrid working. The report emphasises that a well-implemented hybrid work model can lead to increased productivity, better work-life balance, and a more inclusive workforce.

The Government is anxious to capitalise on the rise of hybrid and remote working. To make sure, it sought a wide variety of opinions; it was co-sponsored by various organisations, including CIPD, Indeed, Liverpool John Moore’s University, the Northern Powerhouse Partnership, Prospect, Vodafone, and Zoom.

Not surprisingly the report is inconclusive, and suggests that there’s no one-size-fits-all approach; employers should aim to find a balance that suits both the organisation and its employees.

From an inclusivity standpoint, hybrid working can offer opportunities to those who might otherwise be unable to work, such as individuals with disabilities or caregiving responsibilities. However, it’s crucial to remember that there are many job roles that either cannot be performed remotely, or, it has been found to create operational and team working problems.

Flexible working is not simply about home working, and employers should also consider other forms of flexible working, like flexitime and compressed hours, to benefit all staff.

The report also highlights a perception gap in productivity. While some employers believe remote work enhances productivity, others feel the opposite. Interestingly, these views often depend on the current working model of the organisation.

Lastly, the report calls for the UK Government to introduce a National Remote and Hybrid Work Strategy. It also recommends that employers provide training to Line Managers on managing hybrid teams, and that guidelines be developed to measure productivity in a hybrid environment.

Action Points for Employers:

• Consult Your Team: Involve employees in discussions to find the most effective hybrid working model for your organisation.
• Training for Managers: Invest in training programmes that help Line Managers effectively manage hybrid teams.
• Measure Productivity: Develop meaningful metrics to evaluate the productivity of employees in a hybrid setting.
• Inclusivity Check: Ensure your hybrid model is inclusive, catering to people with disabilities and caregiving responsibilities.
• Flexible Options: Apart from remote work, consider offering other flexible working arrangements like flexitime and compressed hours, where feasible.
• Government Guidelines: Keep an eye on Governmental recommendations and strategies related to hybrid and remote working to stay compliant and maximise benefits.

By implementing these action points, employers can make the most out of hybrid working while ensuring a balanced and inclusive work environment.

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice. 

Artificial Intelligence (AI) is rapidly becoming an integral part of many organisations, revolutionising the way they operate. While the technology offers numerous advantages, such as automation and data analysis, it also presents a unique set of challenges never really encountered before.

These challenges employers will face increasingly within the workplace. These are some of the issues it raises in its early days, and some action points you can look at now.

The Challenges

Job Displacement and Redundancy

One of the most significant concerns surrounding AI is job displacement. As AI systems become increasingly sophisticated, they can perform tasks that were once exclusive to humans, leading to job redundancies.

Employee Morale and Perception

Where employees perceive AI as a threat to their job security, it will lead inevitably to decreased morale and productivity.

Ethical Considerations

AI systems, especially those involved in recruitment, can inadvertently perpetuate biases already present in the data they use, leading to unfair and possible discriminatory hiring, promotion and are likely to impact on other HR and employment practices. This will depend on how AI is used and perhaps, more importantly, how it is allowed to make decisions that affect the wider workforce, including its workers, suppliers, contractors.

Data Privacy and Security

AI systems often require vast amounts of data to function effectively. This raises concerns about data privacy, and the potential for breaches. And, how employers control their own staff’s use of the technology, and especially what data they share with AI systems.

Dependence on Technology

Over-reliance on AI can lead to a serious lack of human oversight, potentially resulting in errors or misjudgements that a human would either not have let happen, or not without questioning the resultant outcome.

Skill Gap and Training

The introduction of AI in the workplace necessitates new skills. There might be a gap between the skills employees currently possess and those required to work with AI.

Cost of Implementation

AI systems can be expensive to implement and maintain. Employers must weigh the costs against the benefits carefully.

Legal Implications

The use of AI in HR processes can expose employers to legal risks, especially if the AI system makes a decision that leads to unlawful discrimination.

Six Action Points for Employers

Based on the challenges outlined above, here are six action points for employers:

• Conduct Ethical Audits: Regularly review and update AI systems to ensure they are free from biases. This will help in maintaining ethical standards in recruitment and other HR processes.
• Data Protection Compliance: Invest in robust cybersecurity measures, and ensure compliance with data protection laws. This will help to safeguard the organisation against data breaches and legal repercussions.
• Upskill Employees: Focus on continuous training programmes to prepare employees for the changes that AI will bring, so that fear is replaced with better understanding, greater acceptance and less resistance. This will help in closing the skill gap and making the transition smoother.
• Transparent Communication: Having decided how within an organisation AI would be beneficial, engage in open dialogue with employees to address their concerns about AI and job security. Transparency is key to maintaining employee morale and productivity.
• Cost-Benefit Analysis: Thoroughly evaluate the financial implications, including both initial setup and ongoing maintenance costs, of implementing AI. This will help in making informed decisions.
• Legal Consultation: Consult with professionals to understand any potential legal risks associated with the use of AI in HR processes, and how to mitigate them.

Conclusion

While AI can, and will, present numerous challenges to employers, and indeed HR consultancies, proactive measures and a forward-thinking approach can ensure that employers harness the benefits of AI, while safeguarding their workforce and maintaining ethical standards. By understanding these challenges, and taking the suggested action points into account, employers can navigate the complex landscape of AI effectively.

BackupHR will be discussing this topic at the beginning of our Autumn programme of monthly webinars, starting on Tuesday 19^th September, so put this date in the diary, and if you are already on our database look out for the webinar invitation.

Not getting information about our free webinars?  Contact Jackie Bolton on jackie@backuphr.com and she will add your details to our database for future invites.

 

 

The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice.