Video

It appears you can have your cake AND eat it

14 Jun
by Donna Obstfeld, posted in Blog, employee rights, Employment Legislation, Employment Status, Employment Tribunal, Video, Vlog   |  No Comments

So this is a very quick video to tell you that today, finally, the Supreme Court have ruled on the case of Gary Smith versus Pimlico Plumbers and Charlie Mullins.

Charlie Mullins famously said that his workers, the people that work for him, the plumbers, “couldn’t have their cake and eat it”. But it appears today that the Supreme Court have said, actually, yes they can.

This is going to go across the whole of the gig economy. What they’ve said is that although Gary Smith decided that he wanted to be self-employed, that he was VAT registered, that he hired his vehicle from Pimlico Plumbers, he was actually a worker.

Now, that doesn’t sound like a big deal to some people, but it means that he’s entitled to national minimum wage, he’s entitled to sick pay, and there are other benefits that he is entitled to.

And it’s not just him. It’s going to be anybody who works in that gig economy space. It’s going to stretch to delivery drivers, to Uber drivers, Addison Lee drivers, anybody who has plumbers, engineers, air conditioner specialists, security guards, cleaners, even waiting staff.

We’ve been waiting for this ruling. It is being seen as a landmark ruling, and the Supreme Court have said that, actually, despite the fact that Gary was given the option as to whether or not he wanted to be self-employed or whether he wanted to be an employee and given the fact that he’s been earning £100,000 a year  as a self employed person; when he got ill, he has turned the tables on his employer and decided actually he wanted to be classed as an employee or worker.

These are really, really important details for anybody who’s looking to employ contractors. It is really important to make sure that you’ve got employment status right, because again, it reinforces the fact that, it is not up to the employer or the individual to decide the basis of that employment relationship. The law determines whether or not somebody is an employee, whether or not they are genuinely self-employed, and there are a series of tests that have to be applied to every relationship to make sure that as a business owner when you take on an employee, you’re taking them on as a genuine employee, or if you take someone on as a contractor, they are a genuine contractor.

The expression that I use is, “If it looks like a duck, walks like a duck and quacks like a duck, it is a duck; regardless of whether you call it a hen, a goose, or a chicken.

Employment status is going to be all over the news in the next 24 – 48 hours; it’s all about the gig economy, and it’s all about making sure that the people who are working for you are doing so on a legally acceptable basis. You don’t get to choose, and nor do they. It’s a case of what does the law say.

We’ve finally got some clarity, but it’s going to be difficult for employers to implement.

121 Review meetings

11 Apr
by Donna Obstfeld, posted in 121's, 360 degree feedback, Appraisal skills, Blog, people management, Performance Management, Video, Vlog   |  No Comments

These can be held as frequently as the manager and employee feel necessary, often weekly or bi-weekly.

They can all be formal, or a mixture of formal (structured with forms and notes) and informal (verbal, no notes).

At some points notes should be kept on file reflecting discussions, concerns, action plans, commitments and support required.

If at any point an employee is not performing, the 121s and the notes from these meetings may be used in evidence of support offered or commitments made.

 

 

 

Probation Reviews

09 Apr
by Donna Obstfeld, posted in Blog, Employees, Probation, training, Video, Vlog   |  No Comments

The Employee should recieve regular feedback during their probation period. This can be done informally, but if there are any concerns, these should be documented with an action plan.

At a minimum, the employee should recieve a formal written review after 3 months and again at about 5 1/2 months.

Failing someone in their final probation review should not be a surprise. As a result of feedback provided, they should know if their employment is going to be confirmed.

Probation Period

06 Apr
by Donna Obstfeld, posted in Blog, Business, people management, Performance Management, Policies and Procedures, Probation, Video, Vlog   |  No Comments

This is a trial period at the start of someone’s employment.

A 6 month probation period is ideal as it gives the employee time to learn the role and the employer time to assess performance and to provide feedback, making corrections to performance or attitude if required.

If the new member of staff does not have the right attitude, skills or ability they can be removed more easily during their probation period.

Family Friendly Policies

28 Mar
by Donna Obstfeld, posted in Blog, Employment, Employment Legislation, Flexi-time, Flexible working, gender, Home-workers, HR Policy, HR Support, Human Resources, Job Sharing, Maternity, Part-time Workers Act, Paternity, people management, Policies and Procedures, reduced hours, Video, Vlog   |  No Comments

A full set of policies around maternity, paternity and adoption leave and pay need to be developed so that employees feel valued and their skills are not lost from the business, but so that they business is able to function effectively with short and long term absences as a result of the prospective and actual birth of a baby.

The law provides for statutory time off and pay, but companies can provide more or structure things differently.

 

 

Social Media

14 Mar
by Donna Obstfeld, posted in Blog, HR Policy, Policies and Procedures, policy, Social Media, Video, Vlog   |  No Comments

Companies need to think about what they will and will not allow their staff to do in terms of social media.

Do employees have access to company accounts and if so, what are the rules around the use of that account?

If employees comment on ‘a day at the office’ what might the implications be for your business in terms of reputation to clients, suppliers and exisiting or potential employees.

A clear, well thought through policy is essential to enable apropriate use of social media for your business.

Bullying & Harassment

06 Mar
by Donna Obstfeld, posted in Blog, Bullying, Discrimination, employee rights, Equality Bill, Health and Safety, Video, Vlog, Wellness   |  No Comments

 

Employers are obliged to protect staff from bullying and harassment. Generally, this is in terms of discrimination, but may include anything from their favourite football team, what a person wears, their hobbies or their mannerisms.

Employers are obliged to ensure that the work environment is mentally safe for everyone and therefore free from bullying and harassment.

Prevention is better than cure and employers can be held vicariously liable if they don’t take adequate steps to prevent bullying and/or harassment taking place.

Discrimination

05 Mar
by Donna Obstfeld, posted in Blog, Discrimination, employee rights, Employees, employent law, Employment, gender, HR, Maternity, Part-time Workers Act, Policies and Procedures, Race Discrimination, Recruitment, RIsk, Sexual Orientation, Video, Vlog   |  No Comments

 

Well written policies and procedures which are communicated and applied consistently are the key to ensuring that the risk  of discrimination is reduced as much as possible.

Employees (as well as workers and job applicants) could bring claims for discrimination on the basis of Age, Gender, Race, Beliefs, Marital Status, Disability and Sexual Orientation.

Care must be taken not to over generalise i.e. “everyone must wear trousers” or “everyone must work on a specific day of the week” as this could have a disproportionate negative impact on a sub sect of your workforce. Therefore you end up discriminating against some, as a result of trying to treat everyone the same.

Snow Days

01 Mar
by Donna Obstfeld, posted in Bad weather, Blog, Business Continuity, Contract of employment, employee rights, Health and Safety, pay, RIsk, Schools, snow, Video, Vlog   |  No Comments

 

How to manage staff when the English weather turns is always a topic for discussion among employers. In this video (one from our #AskDOHR series) we give employers different elements which they need to consider when making decisions about their business and whether or not to pay staff who fail to come to work due to bad weather, school closures or transport shut down.

The way in which you treat snow days will very much depend on your business. Certainly if you’re providing a service such as fire brigade, police, hospitals, district nurse, GP, or anything that’s critical,  you will have to have a business continuity plan for ‘snow days’.

However, there are lots of work environments such as offices, gardens, building sites, leisure centres, delivery drivers and factories  and as such, circumstances are going to be different for each one and for each type of business.

There are lots of elements you need to take into consideration when deciding whether or not to stay open:

  • Health & Safety – is the work environment safe – do you have heating and running water?
  • Health & Safety – can people reach work safely? If not, can you do anything to improve access such as gritting or sweeping paths?
  • Transport and Infrastructure – are buses and trains running? Not just to get people to work, but to get them home again as well.
  • Duration – How long is the bad weather due to last and can you put different plans in for different days? Perhaps the business could shut down for a day, but perhaps not for 2?
  • School Closures – It’s also very difficult to force people to come to work if they’ve got no childcare. While some children are old enough to be left at home, others will not be. Friends and family may all have their own snow issues and not be able to help out on a ‘snow day’ as they might otherwise be able to do.

 

There is no right and wrong way about how you deal with this. However, the first thing to do is to look at your contracts of employment. What options are available to you?

  1. pay them regardless of whether they make it into work
  2. unpaid leave for anyone unable to come to work
  3. allow them to use holiday (if they have any left) to be paid for their time off
  4. allow people to work from home (where business appropriate for them to do so)
  5. put people up in a hotel to enable them to reach work easily – again this will depend on their personal circumstances

Be sensible. Think about the value of your relationship with your staff. Think about the expectations of your clients. It’s a business decision and it doesn’t just come down to money. It also comes down to good will and relationships not only with your staff, but with your clients, suppliers and perhaps the community at large.

People are going to understand when everything else around you comes to a grinding halt. We’re on red and amber alerts across the country. Everybody is going to be aware of that. It’s about making an effort, it’s about doing the right thing. It’s about staff showing willing, offering to work at home, offering to come in. Would you allow them to bring a child into the workplace? Would that be appropriate if the school is closed but they can still get to work? It’s about getting a balance, it’s about give and take and it’s about relationships.

Look after your staff, they’ll be more motivated to support you. But there are times where you need your staff to turn up to work and failure to do so could cause massive implications for your clients or the community.

The decision ultimately is yours, you are the business owner, the buck does stop with you, but do what feels right and don’t put yourself in breach of your own contracts, policies and procedures.

Employee vs Worker

24 Jan
by Donna Obstfeld, posted in Agency workers, Blog, Contract of employment, employee rights, Employees, employent law, Employment Legislation, Video, Vlog   |  No Comments

As a result of some big legal cases last year, the status of workers is coming under the spotlight like never before. This will be a big area for change in 2017 as the Governement are focussing on understand and protecting Gig Workers.

 

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