The Employment Rights Bill arrived on 10 October 2024, since then the government have launched further information on the measures set out in the bill and they have opened 4 separate consultations.  It is fair to say that matters are moving at pace.
 
The Next Steps to Make Work Pay document provides helpful easy to understand detail on the proposed changes.  I have reviewed this and pulled out 6 areas that I think will be important for business owners to be aware of:
 
https://assets.publishing.service.gov.uk/media/6707a5eb92bb81fcdbe7b62b/next_steps_to_make_work_pay.pdf

1.  Removal of the 2-year qualifying period for unfair dismissal 

Employees will be given the right not to be unfairly dismissed from their first day of employment.  The Bill allows for employers to operate a probationary period providing an initial period of employment with a lighter-touch process for employers to follow to dismiss an employee who is not right for the job.  The government will consult on how this will operate but has suggested the period will be 9 months and a process will need to be followed before employment is terminated.
 
2.  Establishing new right to Bereavement Leave 

At the moment the only legal right for an employee to have time off for bereavement is following the death of a child – this is called Parental Bereavement Leave.  This will be extended to cover other bereavements and employees will be entitled to one weeks leave.  Further detail will be published to specify the relationship with the person who has passed away to define when bereavement leave will apply.
 
3.  Changes to Zero Hours Contracts 

The Bill will give those on a zero hours contract and those on contracts with a “low” number of hours the ability to move to guaranteed hours contracts which reflects the hours they work over a 12 week period.  Alongside this the legislation will ensure that workers get reasonable notice of changes in shifts with proportionate compensation for any shifts cancelled.  
 
4.  Protection from Third Party Harassment 

The protection against harassment in the course of employment will be extended to harassment from third parties.  Third parties are customers, suppliers and anyone an employee comes into contact with during the course of their employment.  Employers will have a duty to deal with harassment from a third party and to take all reasonable steps to prevent harassment.  
 
5.  Changes to Statutory Sick Pay rules 

The Employment Rights Bill will change SSP rules so that it will be payable from the first day of absence and there will be no requirement to earn above the current lower earnings limit to be eligible. The rate will be defined as a fixed amount or a maximum percentage of earnings where the employee earns less than the fixed amount. 
 
6.  Ending Fire and Rehire 

This practice is used where an employer has a business need to support changing terms and conditions of employment.  Where they cannot seek agreement from staff the law now gives the option to terminate employment and offer to re-engage on new terms and conditions (known a Fire and Re-hire). This will become unlawful, the new legislation only gives very narrow circumstances where this will be possible. 
 
 
Consultation will now begin and continue during 2025 with the majority of these reforms expected to take effect in 2026.
 
Although there will be a long lead in time my advice at the moment for business owners is to:
 
1.  Ensure you have an established probationary period process that is working smoothly
 
2.  Review your use of Zero Hours contracts and assess if they reflect the hours your staff work on a regular basis 

3.  Ensure you have a clear policy on harassment, your managers are trained on how to implement it and your staff are comfortable reporting harassment. This will mean your business is in a good place to make changes as new legislation comes into force. 

Please feel free to get in touch with me if you have any questions about this new legislation.  

Email:  [email protected]

 

The Labour party have promised to “deliver the biggest upgrade in rights at work for a generation” under proposals set out in the New Deal for Working People.  (access the full document by following this link:  https://labour.org.uk/wp-content/uploads/2024/05/LABOURS-PLAN-TO-MAKE-WORK-PAY.pdf)
 
In this document I have picked out 2 of the proposals which are most likely to have an impact on small and medium sized businesses.  The government are expected to introduce new legislation in parliament within 100 days of being elected.  I will continue to keep you updated on changes in legislation, however, to help with the introduction of this legislation there are some actions employers can take at this stage.  These are set out in this blog:
 
Basic Rights from Day one of Employment
 
At the moment, most employers will be aware, employees will need to have 2 years service in order to make an unfair dismissal claim (apart from in some exceptional cases). This rule gives employers a great deal of flexibility in making decisions regarding termination of employment in the first 2 years but offers limited employment protection to those with less than 2 years service.
 
The Labour party have pledged to introduce legislation to give protection from day one of employment.  The proposals state:
 
“Our New Deal will include basic individual rights from day one for all workers ending the arbitrary system that leaves workers waiting up to 2 years to access basic rights of protection against unfair dismissal, parental leave and sick pay.
 
This will not prevent fair dismissals which includes dismissal for the reasons of capability, conduct or redundancy or probationary periods with fair and transparent rules”.
 
Whist the legislation still needs to be approved there are steps employers can take to get ready for this proposed change, they are:

• Ensure recruitment decisions are taken following a robust process to minimise the need to consider termination of employment after an employee has started
• Ensure that new employees have a contract of employment which includes a probationary period clause 
• Ensure that performance expectations are clear for new employees and there are methods in place to monitor performance 
• Ensure managers are confident and skilled at giving feedback on performance and appropriate documentation is in place should you need to consider termination of employment at the end of the probationary period
• Consider if your policy on probatory period dismissals needs to be reviewed 

 
As the law in this area is expected to become more complex it would be helpful to ensure that record keeping is robust and managers are skilled in dealing with the probationary period process.  
 
Zero Hours and One Sided Flexibility
 
The proposals state: “Labour will end one sided flexibility and ensure that all jobs provide a baseline level of security and predictability – banning exploitative zero hours contracts and ensuring everyone has the right to have contract that reflects the number of hours they regularly work (based on a 12 week reference period)”.  
 
Zero hours contracts are used in many sectors but more often in hospitality and retail to offer flexibility.  The proposals do not say that zero hours contracts will be banned but they state that if it is clear that they are exploitative then this will be unlawful.
 
It is always good practice to review the contractual arrangements you have with your staff to ensure they are reflective of the work they undertake.  At this stage it would be wise to:

• Review the wording in contracts of employment and assess how many staff are employed on a Zero Hours Contract
• Track the hours staff have worked over the last 12 weeks and assess whether the hours set out in the contract reflect the reality
• Review expected workload and assess what hours you will need employees to work to fulfil business needs. 

​If you would like help putting measures in place to get ready for changes in employment law, or to chat over any of the other proposals set out by the Labour party, please get in touch.  
 
As detailed legislation is introduced, I will update on what has changed and steps employers should take. 

April 2024 will be a busy time in relation to changes in employment law. The law in relation to flexible working requests will be changing. This is nothing to do with the picture but I thought it would liven up the topic!
 
The following provides a summary of what is changing:  
 
Eligibility – any employee regardless of length of service can submit a request for flexible working. Previously the employee needed to have 26 weeks continuous service to make a request.
 
Number of Requests – an employee has the right to make 2 flexible working requests in a 12-month period.  Previously this was 1 request.
 
Dealing with the Request – The timescale the employer must deal with a request is now 2 months, previously it was 3 months.
 
Refusal of Request – the employer can refuse the request based on specific grounds which are set out in the policy.  Under the new reforms there will be a requirement for the employer to consult with the employee before the request is rejected.
 
Employee explain the effect – under previous regulations the employee was required to explain the effect they thought that the flexible working request would have on the business.  This has now been removed.
 
Legislation makes it clear that employer must act reasonably and not discriminate. The law says that applications should be treated in a “reasonable manner”. Employers should treat requests on a case-by-case basis but should be careful not to discriminate against employees because of a protected characteristic.

Next Steps for Employers:  
 
Employers should ensure that HR policies are updated to reflect the changes and managers are aware of the changes.  To help with this I have recorded an episode of the HR Chatroom Podcast specifically about these changes.  Please click on this link to access the episode:
 
If you would like help with an updated policy or guidance notes for your managers in relation to this change in legislation please get in touch:  [email protected]
 
 
 
  

I watched Mr Bates v. The Post Office over the last few nights and I have to say how shocked I am at how unfairly these Sub Postmasters have been treated.  
 
I have been supporting business owners with workplace investigations for many years now and even when someone calls me with a case which appears to be “clear cut gross misconduct” I always say let’s wait and see what facts we can gather. 
 
In some cases, the issue may appear to be obvious – something has been damaged, money has gone missing or a complaint seems clear cut but it is important to carry out a robust investigation before any conclusion on the action to be taken is made. 
 
My advice in relation to carrying out a robust investigation is:
 

• Appoint someone to investigate who understands the issue but has not had any involvement in the case
• Ensure the person appointed to investigate goes into it with an open mind
• Plan what information you need to gather and the people you need to speak to as part of your investigation
• Work out if all employees can be at work whilst the investigation is ongoing or if suspension is appropriate
• Gather the facts – normally this will involve steps such as reviewing company records, looking at training records, taking statements from those involved or looking at CCTV

 
Only after the facts have been gathered should a decision be made on whether there is a case to answer and what the next steps should be.
 
The Post Office case is different as the Sub Postmasters were not employees but they should have been offered the same robust investigation process when dealing with the allegations which arose.  The investigators should always enter into the process with an open mind and be prepared to be wrong about the allegation.
 
I also think HR professionals have role to play in looking at the bigger picture when we are advising on workplace investigations.   Questions I would ask are:
 

• Is the process you need staff to follow clear?
• What training has been put in place to communicate standards to staff?
• Has this issue arisen before or is this a one off?
• Could the issue be related to a wider problem?
• If the issue has arisen before how was it dealt with?
• How long has the employee worked for you? Has this issue ever arisen in the past?
• Are there any mitigating circumstances related to the case?

 
A robust investigation may be an extra step that takes up time initially but in the long term it is key in demonstrating that a fair process has been followed.  

​For further advice on workplace investigations please feel free to get in touch. 
 

​This month is menopause awareness month – which is great but are organisations really menopause aware I wonder?
 
I turned 50 last month – one new area that has popped up in my chat with friends over the last few years is menopause! It is clear that everyone has a very different experience – some sail though it and some definitely don’t.  
 
At 50 women are generally much more established in their careers, the years of juggling work with childcare are behind me (thank goodness!), but one common theme I see when I chat to women my age is that they are just “getting on with it” when it comes to dealing with menopause and work.  Rather than asking for support we muddle through, possibly feeling that admitting that we are struggling will be seen as a weakness.
 
Lots of organisations now have a Menopause Policy which states the organisation will provide support, but this is only a statement unless it is brought to life.  Women are not going to open up about how they are feeling unless they genuinely believe they will be supported.  
 
So what can organisations do to bring the policy to life and make sure that women do feel supported?
 
Here are my top tips:

• Communicate the Menopause Policy with clear messaging around the support that is available 
• Train all managers on symptoms of Menopause and how this can impact on work
• Be quick to address inappropriate “banter” at work around menopause
• Treat menopause related absence or symptoms as you would any other health related condition
• Be open minded around reasonable adjustments (which may involve hybrid working, changes to working hours or amended working location)
• Where menopause is having an impact on performance or attendance consider support the organisation can provide

 
BBC news recently reported that the Office Manager of Thistle Marine in Peterhead was awarded £37,000 after her boss told her she used menopause as an “excuse for everything”.  https://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-66962519 

I hope that organisations see the need to show empathy and understanding for women going through menopause – but if that doesn’t drive change then the financial impact of not doing it surely will.  
 
I believe attitudes will change and in years to come and my kids (who are both boys) will find our stories of how menopause is managed in the workplace in 2023 very outdated.  Just like I laugh when my parents tell me that my Mum was asked in 1970 when she got married if she planned a family? and if she said yes that meant she would not be promoted!
 
If you would like to chat further about the steps your organisation can take to support women going through the menopause please get in touch with me.  
 
 
 
  

Have you ever thought my team are fine but they could be better? 

​This was the case recently for one of my coaching clients, it occurred to me that this is a common issue, so I thought I would share the support provided and the feedback from the business owner. 
 
I had the pleasure of working with a small business owner in the retail sector recently.  The business is profitable and well established, however, the business owner believed that performance could be better.
 
We chatted initially about the support he felt he needed to increase performance.  The business owner had attended a leadership programme in the past and he didn’t feel that this was the right intervention this time.  We agreed that 1 to 1 coaching would be beneficial.
 
When we started working together the goal was not completely clear.  The owner knew that he had a good team, the working environment was positive, staff turnover was low and business performance was good. By the end of the first session we had discussed the challenge and it became clear that staff had established ways of working.  The established ways of working had led to the development of informal performance standards which had been accepted by the team over a period of time.
 
The business owner explained that the team knew the “red lines” in relation to performance, so things that will not be accepted, but over time the overall performance levels had become more average than good or excellent.  This discussion helped to shape the goal which was “to create a performance orientated culture”.
 
The first task was to establish a process for performance management. We chatted about whether staff were aware of how their jobs impact on business performance, what performance measures could be defined for each of the roles and how these should be communicated and reviewed with the team.  After several coaching sessions the business owner had developed a process which worked for his business.
 
Anyone who has experience of performance review processes will know that the design of a good process is key but to create a performance orientated culture it is important to have valuable and regular performance discussions.  We worked together over 6 months to reflect on how these went which resulted in actions in relation to refining the process but also in relation to the right management style to help foster a performance orientated culture.
 
My client commented:  “Working with Alison was a pleasure. Insightful and perceptive, she was simultaneously understanding and direct in her approach. Each session led to an actionable outcome that directly contributed to the overall strategy. It will take some time for the ultimate assessment of the success of the project, but the initial goals have been met and the trajectory is very positive”. 
 
If you think that you would like to focus on improving the performance of your team please feel free to get in touch with me to discuss how 1 to 1 coaching could help.

​Every Monday I get a notification on my phone which tells me how much screen time I have had the previous week.  Today I was glad it was down but it is still an average of 2 hours 16 minutes per day.  I looked into this further and was totally shocked to find I spent a total of 4 hours and 50 minutes on Facebook last week!
 
Apart from wishing a few people happy birthday and liking friends posts of dog walks, holidays and days out this also consisted of:
 

• Looking at things people are selling (generally a lot of rubbish!)
• Looking at photos of jewellery and bags I can’t afford
• Reading news about people I don’t know
• Looking at friend suggestions of people who are not my friends
• Watching videos on life hacks – how to fold clothes, how to plumb in a washing machine, how to save space in my freezer (OMG Make is stop!)

 
I ask myself what value has this added to my life? 
 
Maybe a quick 10 minutes per day to check in to wish someone I like happy birthday or find out where my running group is meeting is necessary but certainly not nearly 5 hours of my time in a week!!
 
I know I just do this as a habit and I actually know it is not adding any value to my life but I keep doing it anyway.  Taking a step back every now and again to question the things we do every day is always helpful.  Unfortunately, we don’t always have a phone to highlight the problem and get us to notice we need to change.
 
Coaching can be a great way of helping us to identify the things we do day-to-day which take up lots of our time and energy but actually add very little value.  I offer workplace coaching to help individuals:
 

• Set goals that will really make a difference to their work life
• Work out what is going on just now and what needs to change
• Come up with a plan of the actions necessary to make the change
• Understand what may hold a person back in taking the action
• Hold them accountable for what they said they would do

 
It is amazing to see someone make changes they never thought they would and for them to tell me that coaching played a big part in those actions.  
 
If you would like to find out more about workplace coaching please get in touch [email protected]
 
I have now set a daily Facebook limit on my phone! 
 

​Much to my surprise in 2022 I learned to run!

I have been saying for years that I would love to be able to run, I would get the trainers on from time to time and run a bit but it was never consistent and it was certainly not something I enjoyed.  Last year that changed, and I can now run a 5K and I love it.  

​This article is not about running and me telling you how to run as that would be ridiculous! However, my journey to 5K helps me to understand how setting goals and achieving them is most likely to be achieved.  So here are my learnings from last year:
 
Set a Goal:  When I pulled my trainers on and went for the odd run in lockdown that was not part of a plan with goals so that is how it stayed – a one off run with no structure and no target.  Last year I joined a Jog Scotland learn to run group, they gave me a structured 12 week plan which built up to a 5K. At the end of it I would be able to do the Park Run at Stirling Uni so that was my goal.  This kept me focused as I had something to work towards, but I also had small goals to meet each week which were set out in the training plan.  I only focused on the goal for the relevant week and did not read on to week 10 when I was only at week 3.  
 
Track Progress:  I could see that I was progressing through the weeks and I was getting better so this gave me the motivation to keep going.  Then I discovered Strava!  Having this information after each run helps to see how I might be improving (or getting slower if I have not been out for a while!) I am now getting obsessed with the times, the splits and the pace!
 
Connect with Others:  Some people are happy to work away on their own and have the self-discipline to keep going.  I do not! I need the company and encouragement of others.  I tried the couch to 5K podcast a few times but only got to week 3 of a 9 week course (which was no achievement as I skipped week 1).  Running with others makes me accountable to go out even when it is dark and raining.  My running friend and I often say no way would we come out if we were doing this alone.
 
Positive Mindset: The more I get into the running the more I think that the key is to believe that you can do it.  One night I went out with my friend and “running mentor” the plan said I needed to run for 7 minutes and walk for 2.  So we set off round the loch at Stirling Uni.  I was quite far round when thought no way is this 7 minutes – I started to feel exhausted and said I can’t go any further – she looked at her watch and said she had forgotten to set it and we had actually run for 13 minutes.  I went from feeling totally exhausted to being delighted! She observed I was not actually exhausted, and it was all just in my head – and she was right.
 
Keep going:  This year I have signed up for an actual race with actual runners! I am doing this to raise funds for Strathcarron Hospice which is a place close to my heart.  I know if I stop running, I will go back to the start very quickly, so I am doing this to raise money but also to give me an incentive to keep going.  
 
My running story has helped me think about how we may set goals and work towards them  in all aspects of our life and specifically at work. I didn’t expect to be able to write this article in early 2022 as I nearly gave up a few times, but I think that it is a good example of the factors we need to consider when we are trying to achieve a goal.  
 
This story links well to how coaching can help us achieve our goals.  Coaching is about:

• setting our own goals
• breaking them down into manageable tasks
• tracking progress based on feedback or information we have available
• considering the resources around us that can help us to achieve our goals 
• being accountable for the actions we agree to 

 
I love working with coaching clients and seeing them achieve their goals. To find out more about the workplace coaching I offer please have a look on my website or get in touch for a chat.  http://www.bellhrconsulting.co.uk/workplace-coaching.html
 
If my story has inspired you to learn to run this year – I highly recommend joining a Jog Scotland group!  https://jogscotland.org.uk
 
 

This is a topic of conversation I have had with friends over the years.  The overall conclusion is that we have all felt upset at times at work but the way that we show our emotions is different.  Some manage to keep emotions in check until they get to the toilet and others do not!  Then we conclude that those who wait until they get to the toilet are normally more successful in their careers.  
 
A recent CIPD survey found that poor mental health was the most common cause of long-term absence in UK workplaces.  I find this a very sad statistic, but I am not at all surprised!  So much has moved on in HR but the way we talk about mental health and the way we support those who are suffering from poor mental health at work is sadly lacking.  This is my opinion of course but my opinion can be backed up by Mind’s 2020/21 Workplace Wellbeing Index which found that only just over half of those those who experience poor mental health while at work feel confident they would be supported if they disclosed this.
 
Our mental health is just like our physical health - we need to take care of it.  I do think there is a careful balance to be struck between what is an individual’s responsibility in taking care of their mental health and what is the responsibility of the employer.  However, I am clear that employers must not contribute to poor mental health, and they must not ignore signs that someone is struggling with their mental health at work.
 
Having policies in place to set out how the organisation will support staff is a good first step but making sure that these are brought to life is vitally important.  Some steps organisations can take to show they are supportive are:
 

• Lead by example.  Communicate with your team respectfully and be mindful of the boundaries between work and personal life
• Have good working practices.  Tell employee’s what you expect of them, train them to do the job, monitor the work they do, give feedback and support development.  Sounds easy but there are so many organisations doing this badly!
• Promote good mental health.  Talk about the importance of maintaining good mental health, have appropriate policies and signal that this is important to the organisation.  Remove the stigma of talking about mental health at work.
• Provide support when required.  Train managers to pick up on the signs someone might be struggling, equip managers to deal with conversations about mental health and if appropriate introduce mental health first aiders.
• Know when and where to refer to for help.  It is helpful to have a range of resources that managers can access to help support employees who may be suffering from poor mental health.  Managers should know when it is appropriate for an employee to seek the input from a medical professional and should not dip into the role of counsellor. 

 
So, to come back to my question on whether it is ok to cry at work?  I would say if you are feeling overwhelmed and stressed then yes it is.  I did this in back in my early career and I think about it now and again… I no longer cringe and feel embarrassed – instead I feel sad for the weak manager I was sitting in front of who did nothing to help me!  

The pandemic has changed the way we work with more individuals moving to a hybrid model or a fully remote way of working. This new way of working may have led employers to consider how they monitor performance and productivity of remote workers.  Advances in technology have also meant that monitoring can be done easily.  Managing the productivity of remote workers can raise questions around what level of monitoring is acceptable.  
 
The ICO has recently issued draft guidance on monitoring at work which aims to provide greater regulatory guidance and protect the privacy of employees.  
 
The draft guidance highlights considerations employers should be aware of when implementing monitoring activities.  Employers should consider:
 

• why the monitoring is required and what information will be gathered?
• who will have access to the data and how it will be stored?
• what information to employees should be given in relation to monitoring?
• how the organisation ensures the data they gather is only used for specific purposes.   

 
Employers must always ensure that they have a legitimate purpose for gathering data and the data is only used for that purpose. Employers must also be mindful of finding the right balance between monitoring that is required for legitimate business needs and monitoring which could impact on the freedom of workers.
 
Full details of the draft consultation can be accessed here:  https://ico.org.uk/media/about-the-ico/consultations/4021868/draft-monitoring-at-work-20221011.pdf
 
Our advice would be to have a policy on Data Protection and an up-to-date Employee Privacy Notice to ensure employees are fully aware of what information will be held, why it is held and who you may share that information with.  When designing monitoring systems that gather personal information always link this to a clear business need.