Russell HR Consulting

Yes, we know the country’s economy is currently in a state of financial turmoil, and, yes, the credit crunch has hit businesses hard. It’s something that we have been constantly reminded of for the best part of a year now. As we count down to yet another weekend of disruption by BA employees, employers are worried about their overheads, trying to see how they can cut back their expenditure, whilst employees are worried that they will be the ones who will be “cut”… Frequent talk of job-losses, redundancies and that evil term “restructuring” have left us all a bit uneasy. But it doesn’t all have to be so dreadfully depressing!

The results of a recent survey, which were published by Personnel Today earlier this week, found that “one-fifth of organisations have avoided redundancies by introducing flexible working practices” and that two-thirds of those have managed to reduce their overall costs and avoid job losses (Personneltoday, 2010).

How does it work? From an employment law perspective, an employee with six month’s service is entitled to request to work flexibly if the purpose of the request is for someone to care for adult dependents or who has parental responsibility to look after a child. Flexible working encompasses change or reduction in hours of work or change of workplace. Employees do not, however, have the right to demand to work flexibly. In certain circumstances (for example if the employee has children under 16 or disabled children under 18), a duty of care is placed on you as the employer to seriously consider such requests and follow a set procedure. If an employee does request to work flexibly, you may only refuse a request where there is a recognised business ground for doing so, for example, where the change may have an adverse effect on quality or the employer would not be able to cover the work. It is sensible to provide concrete evidence to support the decision. Employers who fail to adhere to these procedures may end up in front of a tribunal.

An employee is entitled to request a change in hours and/or times of work and/or to work from home. Parents may only make one request for every 12 months of service and once any change has been implemented it is permanent. The employee (or, indeed, employer) has no right to return to the original job terms unless a mutual agreement is reached by both parties.

As an employer, you can introduce other aspects of “flexibility” to enable you to cut your businesses outgoings. For example, you could offer a ‘work-from-home’ scheme for some of your employees; you could introduce an unpaid sabbatical; or you could reduce office opening hours (for example, from 09:00 – 18:00, to 09:00 – 17:30) to save on office running costs and hourly pay. These are just some of the things you can do to help you through such a difficult period of financial instability. These constitute changes to the contract and you should consult with employees before taking the decision to introduce changes.

A number of Russell HR Consulting’s employees work flexibly.  We find that with good communication and planning, it works well for us.

Whatever you decide to do, it is important that you do it right! Employment law can be complex and difficult to implement in an effective and efficient manner. Russell HR Consulting provides expert knowledge in the practical application of employment law, from dealing with ‘flexible working’ requests, to the correct protocol for amending/adjusting a contract of employment. Visit our website: http://www.russellhrconsulting.co.uk/ for further details.

By Darry Khajehpour

Volunteering. It’s a great way to give something back to your community and society as a whole, whilst giving you the feeling that you are doing something for the greater good. Many of us would love to, and indeed do, volunteer for charitable organisations. Personally, I am a member of the team at a local gallery, which forms part of a larger, charitable arts foundation called AIM. I also donate my time and skills to The Parks Trust, writing features for their newsletter and reporting on events and activities, which they hold throughout the year.

In giving up some of my free time as a volunteer, I am not only helping the organisation, but giving myself a nice dose of positivity; increasing my awareness of the vast number of charitable organisations that currently exist; appreciating what my local area has to offer; and developing both my confidence, knowledge and skills that can be applied to my working life.

It is this last factor that businesses and employers have recently had their attention drawn to. An article in Personnel Today this week, highlighted the importance of volunteering in increasing the skills of staff, and the benefits this can have for the company as a whole. At Russell HR Consulting, we understand that being successful in business is not just about working hard, but also about being responsible and doing our bit in terms of Corporate Social Responsibility (CSR).

Research shows that one in five volunteers undertake unpaid work in their free time in order to develop their skills and knowledge base and improve their careers (Personneltoday, 2010). Here at Russell HR Consulting, we support Dogs for the Disabled, a charity that trains dogs to assist children and adults with disabilities. They are always looking for supporters who are willing to raise money to support the charity or take part in fundraising activities.

Also, at Russell HR Consulting, we encourage two or three students to come and join the team for two weeks and undertake some work experience. This gives students of Business and HR a boost and adds some invaluable practical knowledge to go with their theory.

Whilst volunteering is a good option to assist in the training of your staff, professional training and support is, undoubtedly, an essential part of ensuring that your employees understand how the business works and how their role fits in to the day-to-day running of a successful company. For many people, volunteering isn’t for them; a lot of people prefer a more structured, in depth

to receiving training.

Kate Russell runs a number of training seminars and workshops on the practical application of employment law. For more information about training courses or for any of our other products and services, contact us on 0845 644 8955 or visit our website at http://www.russellhrconsulting.co.uk/.

By Darry Khajehpour

Today the Chancellor will deliver his last budget before the election.  Speaking yesterday Alistair Darling remained optimistic that the UK would avoid a ”double dip recession”, but said the economy is at a crossroads and needs continued support from the Government.

The unstable state of public finances makes a pre-election giveaway unlikely.  Employers are hoping for a budget to rebuild the economy and it is expected that Mr Darling will announce financial help for credit-starved businesses.

The Chancellor’s forecast of 1.25% growth for this year now looks realistic, and he is unlikely to change it, but he may be less optimistic about 2011.  His projection of 3.5% growth is higher than the City expects.

Mr Darling may give more details of how the National Investment Corporation, announced by Gordon Brown in his party conference speech, will work. It will include a “growth capital fund,” announced last year to channel £500m of funding to small and medium-sized businesses, and a venture capital fund to invest in promising new technologies.

There could also be an extension of the temporary support measures introduced to help firms through the economic crisis, such as the Enterprise Finance Guarantee Scheme, which underpins loans to businesses.

Unfortunately for employers, the Government is likely to stick to their planned 1% rise in employer National Insurance contributions from next year.  This is hated by the business groups, and vilified as a “tax on jobs” by the Conservatives who hope to be able to promise to repeal it.

Firms also hope that the Chancellor will abandon plans for a 1p increase in the rate of corporation tax paid by small companies and freeze petrol duty.

There are likely to be some measures for reducing unemployment, which has been lower than many forecasters predicted at the start of the recession.  But the recruitment market remains fragile, so more money is likely to be directed to some of the Government’s key employment schemes, for example, the Future Jobs Fund, which gives public funds to councils and voluntary groups to create work for unemployed young people.

Russell HR Consulting provides expert knowledge on the practical application of employment law.  For more information about any of our other products and services, contact us on 0845 644 8955 or visit our website at http://www.russellhrconsulting.co.uk/.

Yesterday more than 165,000 people took to the streets to take part in the Sport Relief Mile.  From small children with their mums and dads, to the serious athletes and the A list of famous faces including Eddie Izzard, Rufus Hound, Dame Tanni Grey-Thompson, Beverley Knight, Colin Jackson, Norman Cook, Frank Skinner, Jodie Kidd and James Cracknell, everyone wanted a piece of the action. So far Sport Relief has announced that the total stands at £32 million, which is a fantastic result.

From the sublime to the ridiculous.

The following story caught the HR Headmistress’ eye over the weekend.  According to the Sun, a Jedi Knight who refused to take his hood off in his local Jobcentre was escorted from the premises by security.

It seems that Chris Jarvis is a Star Wars fan and member of the International Church of Jediism.  Jarvis said that the DWP’s requirements that visitors remove crash helmets and hoods is at odds with the Jedi’s hooded uniform is at odds with the strict doctrine of the Department for Work and Pensions, which may require Jobcentre “customers” to remove crash helmets or hoods for “security reasons”.

Following his ejection, Jarvis filled out a complaint form and within three days got a written apology from branch boss Wendy Flewers. She said: “We are committed to provide a customer service which embraces diversity and respects customers’ religion.”

Incredibly, Jediism was officially acknowledged as a religion in 2001. At the time, no one could have suspected the potential pitfalls of acknowledging this absurd but apparently harmless sect.

May 1st April be with you …….

If you are confused by the legalities of religion and dress code in the workplace our team of experts at Russell HR Consulting can help you.  For advice and guidance on this and other HR issues visit our website www.russellhrconsulting.co.uk, email us at info@russellhrconsulting.co.uk or phone us on 0845 644 8955.

Whether you plant crops for living, serve coffees in a café, fly an aeroplane or sit at a computer in a busy office, you will have been asked to attend a meeting or conference at some point in your career. Indeed, you may feel that you spend your entire life sitting in a meeting room and, although you may not want to admit it, it can be rather dull!

Your average meeting room consists of a table – generally too small to fit everyone around but large enough so that everyone attempts to do so – a whiteboard or easel that is always filled with the last person’s, incomprehensible scribbles, and row-upon-row of 1980s, strip lighting that does nothing for the eyes, nor the brain for that matter!

But luckily, it’s not all doom and gloom… there are some unusual venues for training and the HR Headmistress has seen a few in her time. Until now, an Italian restaurant took the lead as one of the most off piste locations, but this was ousted earlier this week when Kate delivered Off the Sick List! (the workshop based on her book of the same title) in the Council Chamber at Norwich City Council. Even though there were ten delegates plus Kate, they did rattle round in this large and dignified room. Surrounded by carved wood interiors, regal walls of jade green and complete with an oversized throne, this really was a remarkable place to hold a talk about managing attendance.

Tuesday turned out to be Kate’s day for unusual venues. Hotfoot from the training, she was invited to see a client whose offices are housed at Norwich City FC in Carrow Road, home to the Canaries and Delia Smith’s Canary Catering.

Managing attendance is one of those evergreen popular workshops, so we’re holding our Off The Sick List! employment law training on 27^th April in Milton Keynes. There won’t be any thrones, jade green or bright yellow paintwork, but the catering will be just as delicious as Delia’s!

Off the Sick List! covers the knowledge and skills required to deal with attendance problems fairly and legally, persistent short-term absences, long-term illness, disability (including disability discrimination) and stress.

For more information about our Off The Sick List workshop, or for any of our other products and services, contact us on 0845 644 8955 or visit our website at http://www.russellhrconsulting.co.uk/.

By Darry Khajehpour

Council Chamber, Norwich City Council

I don’t know about you, but I find that modern technology can sometimes be a hindrance rather than a helping-hand. This is especially true when it comes to passwords. With everything from messages and mailing to shopping and personal banking going cyber over the past decade, privacy and security have never been more important! Enter ‘the password’…

Whenever you register for anything online these days, you are normally required to create a username and an associated password; then – and only then – will you be given the privilege of accessing whatever it is you wanted to access in the first place. So you sit there… and you think… and you ponder… and you think some more… and after what seems like a day or two of complete unproductiveness, you manage to conjure up yet another random sequence of letters, numbers, ampersands and asterisks’ to enter into your keyboard.

I am fine with all this when it comes to the important stuff (your bank and e-mail account for example), but being forced to remember yet another set of codes just to obtain a voucher for some restaurant I may never go to is not my idea of fun!

A recent article published by Moneywise, looked at the risk many of us are facing by not having secure enough passwords to protect our personal information. It highlighted a study performed by data security experts, Imperva, which found that nearly 50% of users used passwords consisting of either single words, or sequences of letters or numbers found adjacent to each other on the computer keyboard. Some of the worst (and most common) passwords used include: 123456, abc123 and even, would you believe it, Password! (moneywise.co.uk, 2010).

All jokes aside though, it is vital as a business that the security and confidentiality of your system is upheld. Most businesses these days have everything stored on a computer, or backed-up on an external server. A lot of companies use online management systems, which store sensitive and confidential information.

Some of the ways you can protect your business include: up-to-date virus and anti-spyware software on all company PCs and laptops; limiting the number of people who have access to confidential information; encouraging employees to change their user passwords frequently etc.

Don’t be an online fraud victim; for more information about confidentiality and employee management, contact us on 0845 644 8955 or visit our website at http://www.russellhrconsulting.co.uk/.

By Darry Khajehpour

New research on “urban workers” in the UK shows that 74% of us feel stressed on a daily basis.  That seems like an awfully high number, but when you consider the pressures of the modern working environment, it’s not that unimaginable a figure.  One of the best ways to alleviate stress is to step away from your desk and take a stroll in the fresh air.  You could take a few days holiday and attend the Cheltenham Festival, which runs from Tuesday to Friday this week.  

Organizers of the equestrian spectacle expect over 215,000 visitors this year, but if you can’t canter off to Cheltenham for some fresh air, why not get some of the bottled stuff instead…?  In promoting its Free Weekend (20^th – 21^st March), The National Trust is offering 100 employees a recycled, glass jar of fresh air (that is, the glass that is recycled, of course).  Studies have shown that 70% of those working in towns and cities found that escaping to the country made them feel immediately relaxed and stress-free.  It is thought that the 0.42 gram serving of fresh air in a jar – which has been collected from all over the British countryside – can relieve the symptoms of stress for up to ten minutes (see the National Trust website).  For the remaining stressed 4% - read on.

Remember that stress itself is not an illness.  Rather it’s part and parcel of being alive (HR Headmistress motto no. 1 “Every day above the ground is a good one!”)  Life’s events can be stressful (even the pleasant ones like getting married or having a baby).  Too much adrenalin sloshing around the system, however it’s caused, can make people ill.  One size doesn’t fit all.  We tolerate and respond to different stressors and different levels of stress in different ways.  While we have to accept that there will be stress in our lives, we can take steps – including gulping some bottle air – to make it more manageable for us.  Here are our top tips on reducing stress:

• Firstly, identify the sources of stress in your life.  What makes you tick? Are there ways of avoiding these stressful situations?
• If certain stressful situations are unavoidable, consider how you currently cope with stress.  Determine what are sensible, healthy ways of coping and what are not.
• At work, take regular breaks to ensure that you give yourself time to step away from your desk and exercise those limbs.  Where an employee’s working day exceeds six hours, employers should encourage the employee to take a rest period of 20 minutes.
• Drink plenty of water.  As one of our fundamental needs, water helps rehydrate the brain and the body.  If you are feeling tired or groggy, it may be that you are dehydrated and require a top-up.     
• Build in some coping strategies, especially when it comes to the working environment.  There are some useful tips in this article: http://www.helpguide.org/mental/stress_management_relief_coping.htm

Whatever line of work you are in, too much adrenalin is neither healthy, nor beneficial and it is important that you take steps to avoid becoming ill. For advice on how to combat stress in the workplace and provide a safe, healthy and happy working environment for your staff, contact us on 0845 644 8955 or visit our website at http://www.russellhrconsulting.co.uk/.

By Darry Khajehpour and The HR Headmistress

*Deliberate misspelling.  Please don’t write in saying we’re illiterate!

Writing in the Telegraph yesterday, Christine Odone argued that mothers are fed up with Gordon Brown and his government, because “with their tax and benefit system, their employment legislation and child care system, Labour ministers have shown again and again that they value the full-time employee not the full-on mother; the careerist, not the carer.”

The only kind of mum who is rewarded for staying at home and look after her children is the single mum, says Odone.  “She’ll get a council house and benefits – so long as she doesn’t get together with the father of her child (or the father of the next).”

An interesting view, because almost all the employment legislation dealing with work-life balance over the last 13 years has supported parents of young children.  As long ago as 2003, the CIPD (the über politically correct professional body for HR) advised the Government to properly assess the impact of life-work balance legislation before introducing more.

While we can all see the need to support young families, it has created some very real problems for both employers and those employees who are not protected, especially in those industries where shift work is the norm.  The description ‘flexible working’ usually means just the opposite for employers, as mums returning to work always want to work what are seen as the plum shifts (Monday-Friday -8am-4pm).  This creates rigidity and a lack of opportunity in the rota.  One of the commonest reasons for leaving among employees who work on rotating shifts is the reduction in availability of weekends off.

Employees who don’t have children or whose children fall outside statutory protection, end up doing all the lates, weekends and bank holidays.  Without a shadow of a doubt, it causes huge resentment and employers have to manage that or lose good employees.

If an employee wants to work flexibly, employers must properly explore the request, but do not automatically have to grant it.  The reasons for refusing a flexible working request are set out by the regulations.  The decision whether to grant the request will turn on the particular facts of the case.  We always recommend that when an employer has to refuse, clear evidence is given in support of the decision.

If you need help, advice or want to know more about flexible working, take a look at our website and our new retained HR service, the HR Hotline – unlimited practical advice for a fixed fee.  Call us on 0845 644 8955 visit www.russellhrconsulting.co.uk or email pm@russellhrconsulting.co.uk

‘Blessed are the meek for they will inherit the Earth’ (Matthew 5:5)… or not as the case may be for one unlucky individual. Reverend Allan MacDonald of the Free Presbyterian Church of Scotland recently lost his case at the Employment Appeal Tribunal (EAT).

Reverend MacDonald had been dismissed previously from his post as Minister of the Free Presbyterian Church of Scotland following the rather controversial publication of a religious text. He took up a claim of unfair dismissal at his local employment tribunal in Inverness, hoping that he would receive some compensation for his loss of employment, only to be rejected as he was found to be an “office holder” and not an employee. Rev. MacDonald had no written contract of employment and could not, therefore, be considered an employee under the Employment Rights Act 1996.

In giving its reasons for their decision, the tribunal drew attention to the fact that duties as a minister were to his flock as apposed to the church itself and said “…it could not impose a legal relationship on members of a church which would be contrary to their religious beliefs”.

Rev. MacDonald later appealed unsuccessfully. The EAT agreed that the original tribunal was not sufficiently detailed, but found that the basis of judgement as a whole was sufficiently thorough to be accepted.

As an employer, you may find yourself in front of an employment tribunal with an ex-employee claiming unfair dismissal. The number of claims has increased dramatically over the past few years, many of which could have been avoided had the situation been managed and controlled effectively before it had escalated. There are a number of steps you can take to help protect both you and your employees:

• You must provide employees with a written contract of the main particulars of their employment that has been signed by both parties, within two months of the commencement of their employment. Employees who are not provided with a written contract of employment, or who are not notified of any changes to this contract, or who contest the document’s accuracy, may take up a claim at their local employment tribunal.
• Make sure that you communicate precise, measureable standards to your employees.
• Where an employee fails to meet the standards, follow your disciplinary procedures sooner rather than later.
• Prevention is far, far better, quicker and cheaper than cure, so make sure you provide some employment law training.

If you would like more information on dealing with disciplinary procedures within the workplace, or to purchase our book ‘101 Tips For Employers’, contact us on 0845 644 8955 or visit our website at http://www.russellhrconsulting.co.uk/.

By Darry Khajehpour

I have believed for some time that Harriet Harman is somewhat unrealistic in her view of the world of employment.  After the latest offering, I really think she’s lost all the remaining marbles she might have had.  A surreptitious check of the calendar reveals that it’s still March and not 1^st April, but it now seems that vegans and teetotallers are to be given the same protection against discrimination as religious groups in the Equality Bill.

You might think as a born again vegetarian of more than 30 years duration I would be pleased.  I am puzzled, but not especially pleased.  If an individual is teetotal or vegan for religious reasons, protection of that belief is adequately covered under the religious discrimination legislation. The legislation includes protection on the grounds of any religious belief or philosophical belief, so it’s already fairly broad and we’ve spoken recently of the case of the employee who said he had suffered discrimination under this heading because of her fervent belief in matters environmental.  For the rest of us it’s a lifestyle choice, but as someone who’s lived in a vegetarian and vegan environment for a considerable period of time, I don’t really see the point of adding this to the Bill.

Official guidance issued by the Equality and Human Rights Commission points out that the ‘ethical commitment’ of vegan’s to animal welfare is ‘central to who they are’.

The code, which has been drafted by the EHRC, points out that a person who is vegan chooses not to use or consume animal products of any kind.  That person eschews the exploitation of animals for food, clothing, accessories or any other purpose and does so out of an ethical commitment to animal welfare.  That might be so, but it’s a shame the government didn’t adopt this thinking when it closed all the local abattoirs.  This is not what you might call joined up thinking.

Why waste expensive Parliamentary time on such a ridiculous thing?  Why on earth do we need such protection? 

Answers on a postcard ……..

Russell HR Consulting provides expert knowledge in the practical application of employment law. To sign up for our free monthly newsletter, or for more information, contact us on 0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.