Russell HR Consulting

Life can be a funny thing.  The last three weeks have been full of discussions about saving billions of pounds in the UK economy.  The public sector are being warned that they have to cut back between 15-25%, so we all know that we’re in for some savage belt-tightening.  At the same time, the decision of a Birmingham Tribunal this week means that Birmingham City Council could be facing between a £200 - £500 million bill in back-dated pay and bonuses after female staff won a class action on equal pay. Although the final bill is yet to be confirmed, legal experts estimated it could equate to as much as £100,000 per worker or more, as equal pay awards can be back-dated for six years plus interest.

In one of the biggest discrimination claims ever made, around 5,000 female workers brought a class action against the Council after they were not paid bonuses that were offered to male grave diggers and refuse collectors.  The bonuses allowed the men to earn more than £50,000 a year. The tribunal found that Birmingham City Council had excluded female workers from a bonus scheme that, in some cases, was worth up to 160% of a male worker’s basic pay package.

The Council said the gender pay inequality had arisen as a result of an old pay structure, which had previously rewarded male workers such as refuse collectors and grave diggers. An equal pay audit, which the Council was legally required to carry out in 2007, sought to address the balance in salaries and bonus awards – though that led to strike action by staff as some male employees saw their pay cut.

These kinds of awards create financial difficulties for councils and other employers, but it is no more than the women are actually owed. Recipients of equal pay awards are entitled to claim for up to six years of back pay.

The Birmingham case highlights that equal pay applies to other elements of the employment contract as well as salaries.  If an employer pays their male and female employees the same basic rates for jobs of a similar nature, but if it then goes on to reward bonus payments to its male workers only, or if it’s only the more male-dominated jobs that attract overtime payments, then under the Equal Pay Act, that constitutes discrimination and the employer is liable to be faced with a legal challenge at some point down the line.

At Russell HR Consulting, we recommend that prevention is better than cure.  If you’re considering carrying out a pay audit, get in touch.  We can also help with employment law training and general HR support. For further details, please don’t hesitate to contact a member of our team on 0845 644 8955. Alternatively, you can visit our website at http://www.russellhrconsulting.co.uk/

It was announced last Friday afternoon that the world’s first, full face transplant had been completed in the Vall d’Hebron University hospital in Barcelona, Spain. It required the collaborative efforts of over 30 Spanish doctors and medical staff to complete the 22-hour reconstructive surgery (BBC News, 2010).

The exceptionally complex operation was performed on a young male who had suffered severe facial injuries following a shooting accident. Although the operation was completed at the end of March, doctors allowed the patient time to heal before declaring the surgery a success. It always astounds me when I hear stories such as these; it’s astonishing what we are able to both endure and accomplish in today’s modern world!

Whilst there are many patients who require reconstructive / cosmetic surgery after suffering from a traumatic injury, illness or disease, another side of the same coin is the rapid increase in the number of patients undergoing cosmetic surgery in order to enhance their appearance and seek an aesthetic ideal. The debate on this form of “elective surgery” is fierce. Some would argue that it is the choice of the individual whether he / she receives surgical enhancement and should not be judged in its entirety, but on a case-by-case basis; others, that there is a danger of competiveness as people vie for perfection.

Whatever your views, elective cosmetic surgery can give us employers and business owners quite a headache. An article, which featured in the Employers’ Law magazine, highlights the dilemma some of us face:  “Many [employers] are reluctant to pay sick pay to employees undergoing cosmetic operations. However, if an employee is unfit for work, the nature of the surgery is irrelevant for Statutory Sick Pay (SSP) purposes. SSP will usually be payable in accordance with normal rules, even if the surgery is cosmetic” (Personnel Today, 2006).

Providing that certain conditions have been met, SSP is the minimum amount of payment an employer is required to pay to the majority of employees who are absent from work due to sickness or ill-health. What about Occupational Sick Pay (OSP)? You can opt in conditions and limitations on the payment of OSP. After all, if an employee fancies a bit of a nip-n’-tuck, why should the employer pay out!? Of course, in the case described above, it is rather a different matter and where elective surgery is necessary to the well being and self-esteem of an individual, it would be a hard hearted employer who says “no”.

Picking your way through the employment maze can be bewildering and employers may find it difficult at times to follow all that is required of them in an effective and lawful manner. If you have any concerns, Russell HR Consulting provides expert knowledge in the practical application of employment law as well as employment law training. Please don’t hesitate to contact a member of the team on 0845 644 8955. Alternatively, you can visit our website at http://www.russellhrconsulting.co.uk/.

By Darry Khajehpour

One of the delights of delivering HR services and employment law training is that you just never know what’s going to come your way.  We almost never have a dull day. 

National Express may well be hoping for a period of quiet after suspending a driver for allegedly reading while driving this week.  A film posted on Youtube appears to suggest that the driver is flicking through the pages of a book while driving along a dual carriageway between the Selly Oak and Northfield areas of Birmingham.  No complaint was made directly to the company, but National Express West Midlands have confirmed that the driver has been suspended and it is carrying out a disciplinary investigation. 

The Company has sought to reassure passengers saying, “Passenger safety is always our priority, and it is completely unacceptable for any driver to behave in this manner.”

If the driver was trying to cram in a spot of studying, he’s obviously not heard about the new right to request time off for training.  Employees with 26 weeks service, working in organisations of 250 or more employees have the statutory right to request time off for relevant training.  The training must help improve business performance and employee effectiveness in an employer’s business.

Employees can request training leading to a qualification or training to help them develop skills relevant to their job, workplace or business.  There is no time limit for the length of time that the study or training may take.

If you’re unsure about what these new rights mean for you and your business, Russell HR Consulting provides expert knowledge in the practical application of employment law as well as employment law training, so if you have any queries or need any help with tackling the difficulties of putting the law into practice in your workplace, don’t hesitate to contact us on 0845 644 8955. Alternatively, you can visit our website at http://www.russellhrconsulting.co.uk/.

There’s nothing quite like the London Marathon.  It’s the one to which every runner aspires.  Every year poignant and inspirational stories emerge. 

Policewoman Kirste Snellgrove has breast cancer.  She was diagnosed with breast cancer five years ago at the age of 35. Since then, she has run 15 marathons.  Last year she ran the marathon four weeks after undergoing chemotherapy. Since finishing last year’s race, Miss Snellgrove has undergone further surgery, chemotherapy and drug treatment, but says that the possibility of not running the 30th London event has never entered her mind. She will be raising money for the charity Breast Cancer Campaign (www.justgiving.com/TeamSnellgrove)

And Major Phil Packer lost the use of his legs after a rocket attack in Iraq in 2008 and is now a paraplegic.  Last year he completed the course on crutches a month after he started to walk again. It took him 13 days.  This year Major Packer hopes to cross the line in 26 hours, raising funds for Help for Heroes.  (www.justgiving.com/philsmillion.  If you’re reading this and haven’t yet sponsored anyone, please do support them. 

This year athletes had to deal with the effects of the travel disruption, many setting off a week early to ensure that they arrived.  Then Saturday’s warmth raised fears that many runners would struggle with the heat.  In the event it rained heavily, causing problems for a number of runners.

There was drama in the women’s race as last year’s second place winner, Mara Yamauchi, almost dropped out and eventually finished tenth.  Liliya Shobukhova crossed the line in 2hours 22minutes.  She is the first Russian woman to win the London title.

Tsegaye Kebede became the third Ethiopian man to win the London title after the defending champion, Sammy Wanjiru of Kenya, dropped out with 10 miles to go. Mr Kebede won in a time of 2:05.19, just outside the course record.

In the disabled marathon US competitor Josh Cassidy beat the four-time winner Britain’s David Weir and fastest wheelchair marathoner of all time, South Africa’s Ernst van Dyk. 

There were also a few well known faces dotted around ……..Princess Beatrice joined the run this year (the first royal to do so). The princess was part of a “human caterpillar” of 34 people who ran the length of the 26.2-mile course tied together with bungee cords.  Gordon Ramsay started, but failed to finish, although he has completed at least ten marathons before.

Events like these bring out the best in people.  They set themselves challenging goals, work hard towards achieving them, collect huge sums of money for charity and deliver with perseverance and humour, even in horrible wet conditions. Speaking as a very, very slow runner, I am always inspired by anyone’s ability to run 26.2 miles.  Today I shall be making my sponsorship payment and trundling back to work.  I never thought that employment law training would feel like an easy option – but it does by comparison!  Well done to all participants and I hope your legs and feet don’t ache too much today.

Don’t let your employment law issues become marathon tasks, Russell HR Consulting provides expert knowledge in the practical application of employment law. For more information, contact us on 0845 644 8955 or e-mail pm@russellhrconsulting.co.uk

MP Chris Bryant and his partner, Jared Cranney, became the first people in history to hold a civil partnership ceremony in the Palace of Westminster. When interviewed following the event back in March, Chris Bryant and Jared Cranney said, “We never thought this day would come… It’s amazing how much things have changed in such a short time. Only a few years ago [a company] could sack people or refuse to serve them just because of their sexuality… (BBC News, 2010).

In the UK, a civil partnership can be defined as “…[the] Government’s approach to giving comparable rights to same sex couples as those enjoyed by married heterosexual couples” (Citizen’s Advice Bureau, 2010). The Civil Partnership Act, which came into force in December of 2005, entitles employees who are civil partners to the same benefits as those employees who are currently married. This includes – amongst others – benefits such as: flexible working; statutory paternity pay; paternity and adoption leave; and leave from place of employment either before or after marriage / registration.

As an employer, you must take into account the various changes that will have to be made to ensure that employees who have recently entered a civil partnership are not treated less favourably or discriminated against. It is important to take the following actions:

• Revise all company policies to incorporate the rights of civil partners, making it clear that wherever the terms “spouse” or “marriage” are used, this encompasses “civil partners” and “civil partnerships”.
• Ensure that employees are clear on the procedures for claiming any relevant benefits and inform them that any occupational pension scheme provides exactly the same benefits to civil partners as to widows and widowers.

Whilst it is important to encourage an environment in which employees feel that they can comfortably discuss their rights with their employer, it is equally important to avoid forcing your members of staff to identify themselves as either married or in a civil partnership.

Employers should also note that there are no legal requirements to offer such benefits listed above to couples of either the same OR opposite sex who are not currently married or in a civil partnership.

Here at Russell HR Consulting, we believe in equal opportunities and rights for all employees. We provide expert knowledge in the practical application of employment law as well as employment law training, so if you have any queries or need any help with tackling the difficulties of putting the law into practice in your workplace, don’t hesitate to contact us on 0845 644 8955. Alternatively, you can visit our website at http://www.russellhrconsulting.co.uk/.

By Darry Khajehpour

“Technical Skills and Hobbies:  Advanced knowledge of Java programming language, extensive use of MySQL and primary developer of the first commercial atomic clock. Atomichron.

BASE jumping, deep-sea diving and bullfighting; Indonesian Snake Charming apprentice during my spare time.”

We sometimes hear of cases where employees have lied about particular aspects of their educational background and previous employment on their curriculum vitae. Take the (in)famous case back in 2007 of Patrick Imbardelli. After progressing rapidly through his career in the hotel industry, Mr Imbardelli became Chief Executive of the InterContinental Hotels Group’s (IHG) Asia Pacific region. As well as an annual remuneration of £350,000, Mr Imbardelli was named ‘Asia Pacific Hotelier of the Year’ and was highly regarded as one of the best in his industry. However, following a check on his acadmic background, IHG discovered a slight anomaly with the three degrees Mr Imbardelli claimed he had from the universities of Victoria and Cornell.  The anomally? He didn’t actually graduate! (The Independent on Sunday, 2007). Perhaps it didn’t matter so much in this case as he was clearly very good at his job! 

Deception is a concern though. You might think that such cases are few and far between, however, The 2008 Recruitment and Retention Survey performed by the CIPD found that each year, a quarter of UK employers found that applicants / employees had lied on their CV (CIPD, 2008). As an employer, this may seem like an awfully high – and somewhat worrying – figure.

Last year a senior NHS HR manager, Kerrie Devine, was given a six-month suspended prison sentence and ordered to pay £9,600 in compensation after claiming falsely she held a degree in HR Management and was part way through a CIPD course.

In March, a senior NHS manager was given a 12-month suspended prison sentence and told to carry out 200 hours of unpaid community work. Hasan Tahsin made fraudulent claims about his qualifications and memberships of professional bodies when he applied to several posts at five NHS trusts between March 2004 and March 2009. The skills required, including project management and estates management, were essential for each position.

Mr Tahsin was found out following an audit of senior managers’ qualifications for the trust. He was arrested and interviewed by the NHS Counter-Fraud Service in May 2009 – when he admitted he had lied to get the jobs – which fraudulently earned him £245,246 during his time there.

That said, there are a number of steps that you can take throughout the application and employment process to help ensure that your employee is qualified for the job.

Finding the right applicant starts at the recruitment and screening stage. Firstly, you must decide whether you want your applicants to simply hand in an up-to-date CV, fill in an application form or both. Application forms can be designed and populated in such a way as to collect the exact data specific to the job role. It also makes the comparison of information submitted by a large number of applicants easier.

Next comes the interview stage. As the interviewer, you will need to gather as much information as possible relating to the applicant’s skills and competences within a relatively short period of time. Prepare in advance questions that seek to explore your applicant’s academic background and work experience. Use open questions to ensure that you give your applicant the chance to make the best of themselves during their interview and give you the satisfaction that you have formed a good and accurate impression of said applicant.

Ask applicants to bring in original certificates and qualifications and take a copy.

We always recommend some form of relevant testing to gather additional data. Any tests used must be relevant, non-discriminatory and consistently applied.

When you’re at the stage of making an offer, do take up references. DO NOT trust your instincts! When contacting referees, you can request the following information:

• Start and end dates;
• job title and final salary;
• number of days absence due to sickness;
• any disciplinary sanction which is still live;
• whether the employee resigned or was dismissed;
• appraisal rating.

Finally, there is the probation period. This is normally a three month period at the beginning of employment where you (and your employee) have a right to terminate his/her contract of employment should you see fit. A probation period gives the chance for:

• you to assess an employee’s skills and whether his/her experience can be shown in practical terms;
• you to see if the new employee works well with the rest of the team and see if the team are happy with his/her performance;
• your new employee to become comfortable with the day-to-day tasks and daily office routine within you company and raise any issues he-or-she may have.

Whatever your decision when considering your recruitment process, it is important to know how to manage the process efficiently and effectively. Russell HR Consulting provides expert knowledge in the practical application of employment law. Visit our website: http://www.russellhrconsulting.co.uk/ or call 0845 644 8955 for further details.

By Darry Khajehpour and The HR Headmistress

This morning the news was all of the ash ban being lifted and, despite a certain amount of confusion as we all get straight again, it’s business as usual.  Good news, in the main (though volcanic ash was a welcome relief from wall-to-wall election discussions) and I suppose it means we can all get back to our usual preoccupations.

So it’s now full steam ahead for employment law training, HR services, the Little Black Dress seminar and Law on the Move etc.  A big concern of mine at the moment is trying to get my fees paid by a former client.  It’s what you might call a case of ash to cash!

This is the story*.  Last year, the Russell HR team did a lot of work for Approved Financial Solutions (AFS) a financial services company based in Sheffield.  They failed to pay our invoices and we had to advise that we would be unable to do any more work until the invoices were settled.  A payment plan was agreed upon.  They made two small payments and then nothing further was paid.  We had to suspend operations (a first for us) and eventually appointed a debt collector.

At the stage that the debt collector was appointed, AFS said that there was no contract and disputed that it owed us money.  I was able to demonstrate very clearly, and through several different channels, that various directors of the company had instructed us.  Over a five month period, there have been 200+ emails between AFS and Russell HR, as well as a number of detailed invoices.  All the documents support my claim.

After the debt collector had advised AFS that we would have to consider taking legal action, it then said it would make an interim payment of £5,000.  After several months of chasing, this promise came as a relief and we hoped that the matter would soon be resolved.  However, the cheque has now been presented twice and has bounced twice………

I have now written to the CEO’s office of the Financial Service Authority questioning the conduct of AFS and asking for an investigation.

What’s the moral of the story?  Small companies can really suffer if they don’t keep on top of their credit control.  It’s also very useful to keep some monies in reserve.  This is the nastier side of running a business and without financial reserves some companies may have had to close.

Fortunately this problem has never arisen before.  Most of our clients are brilliant and in 12 years, I have only had to be firm three times.  Employment law training is so much more fun!

If you are finding yourself faced with difficulties such as these, or simply need advice on how to handle difficult employment situations, Russell HR Consulting provides expert knowledge in the practical application of employment law. Visit our website: http://www.russellhrconsulting.co.uk/ or call 0845 644 8955 for further details.

*For the avoidance of doubt, I can provide supporting written evidence of the truthfulness of every word.

This weekend we had spring ………  sunshine, flowers, smiling faces; it was lovely.  Missed it last year (I think I was in the bathroom).  

Apparently, there’s often a marked increase in motor accidents by male drivers at this time of year.  Not sure if it’s the blinding white flesh out in the open after six months under layers of woollies, or the fact that as soon as the first ray of sun appears many women seem to take off as many clothes as they can legally get away with, leaving altogether too little to the imagination.  Doesn’t take the brains of Einstein to work out why those shunts might be occurring.

Inevitably, the questions and curiosities of life translate to the workplace.  In a recent poll 55% of employees polled said women ‘get away’ with more casual clothing than men to keep cool.   While it appears to be a relatively harmless issue to most people, an unequal dress code policy can seriously affect staff morale, increase tension and can potentially lead to more serious issues, such as complaints of discrimination. If employers are going to allow women to wear flip-flops and spaghetti-strap tops, then the same relaxed-rule allowances need to be afforded to men.

Despite the national undressing exercise this weekend, summer isn’t here yet, but it’s a good time for employers to think about summer dress codes and the gender issues.  If the usual dress codes are relaxed for women they must be similarly relaxed for men.

Finding suitable professional clothing for the summer can be a real headache for business women, so here are some general rules. 

Spaghetti strap and halter neck tops are not usually considered acceptable. Cap sleeves are a better option.

Very short skirts are not okay. Skirts should be knee-length, or just slightly above.

Dresses are very comfortable in the summer but most sundresses are too casual for the office. Wrap dresses are a good alternative.

Flip-flops are never acceptable in the office.

Many offices are air-conditioned, so have a cardigan or jacket on hand. They’re also good to have in case of unexpected meetings and appointments.

Avoid anything sheer, sloppy, or revealing.

Find out more about hitting the right sartorial summer note at our Little Black Dress event on 11th May, which will address the issues of dress code in the work place and give employers practical advice on how to avoid embarrassment. Visit our website www.russellhrconsulting.co.uk or call us on 0845 644 8955 for more information or to book your place.

“I’m really sorry, I can’t get in to work today… my excuse? er… volcanic ash!??” That’s one you don’t normally hear, but the eruption of an Icelandic volcano this week caused widespread disruption to the aviation industry yesterday as nearly 4,000 flights across northern Europe were cancelled for reasons of safety and UK airports were closed for business.

Volcanic ash consists of a mixture of small rock and glass particles – known as tephra – which can be carried for hundreds of miles in the Earth’s atmosphere. It is these small particles that have been causing tremendous concern for pilots and airlines. The worst case scenario for an aircraft flying through an ash plume would be the complete shut down of its engines as the ash rapidly clogs the fuel system and prevents smooth operation. In 1982, a British Airways aircraft flew, unsuspectingly, through such a cloud and experienced the loss in power of all four engines.

But it’s not just the aviation industry that was put on standby; health warnings have also been issued to the general public over the past few days to encourage people to protect themselves from possible respiratory ailments. Cher Piddock of Asthma UK warned that, although the ash is currently high up in the atmosphere and therefore does not pose a threat at present, “…people with asthma [should] monitor the news closely and ensure they keep their reliever inhaler on them at all times” (Asthma UK, 2010). This could mean that many asthma sufferers may experience a flare up in symptoms and be forced to take time-off for recovery.

As employers, it is important to manage absence from the workplace – whether it be related to volcanic activity or not. Many employers are reluctant to do this as they feel uncomfortable discussing health issues with employees, but it is vital to take control of any attendance issues and manage absences effectively, efficiently and lawfully.

Employees take time off work for a number of reasons, though short term absence where there is no underlying medical reason for the absence is by far the most common concern amongst employers.

Whatever the reason, it is important that all employees are made aware of the procedures involved in reporting absences to their employer. These should be clear to all employees and may form part of the contract of employment. The areas you should cover, include:

• The person from whom you will accept a notification of sickness.
• The manager or supervisor to whom the absence should be reported.
• The time by which the notification should be made.
• What information is required for the return to work meeting (should one be appropriate).  For an example of how NOT to carry out a return to work interview, click here.

As an employer, it can be difficult to both understand and put into practice all that is required of you to make sure that your business operates smoothly, without stepping outside the boundaries of the law. As well as providing expert knowledge in the field, Russell HR Consulting has produced a number of publications to help you get to grips with the important elements of employment legislation including Off The Sick List! - How to Turn Employee Absence into Attendance. For more information, contact us on 0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.

By Darry Khajehpour and The HR Headmistress

Dress code is always a sensitive topic and as summer approaches, the tension caused by the difference in male and female dress requirements can become acute.  Many employers allow women to dress in sandals and strappy dresses, but men are still uncomfortably trapped in formal business wear.

Add religious beliefs and disability to the dress code discussion and it becomes clear that the subject of what employees should and shouldn’t wear to work is a difficult one.

A formal dress code creates clarity for both employer and employee as to what standards are expected.  Where the employees meet customers, the benefits of presentable appearance are obvious. Even where the employee’s work is internal, a dress code can help to:

• create a team atmosphere,
• encourage standards of professionalism,
• create a corporate image.

Let’s take a look at the three main areas where discrimination can arise, starting with gender discrimination.  Some years ago, Matthew Thompson (Jobcentre Plus employee who worked in Manchester), successfully complained of sex discrimination because male employees at Jobcentre Plus were required to wear a collar and tie.  Female employees were allowed to dress more informally.

In matters of male and female dress code, the decision as to whether one gender is being treated less favourably than the other will not be based on an item-by-item comparison, but judged on the overall standard required.  This level of formality required must be the same for each gender, but can be made up differently; for example, men may be required to wear a shirt and tie, whilst women may be required to wear business suits or tailored separates…

If the employer adopts this approach, then neither gender is treated less favourably.

A dress code that requires employees to act in a way contrary to their religious beliefs risks being indirectly discriminatory.  So a dress code forbidding headgear will be discriminatory to male Sikhs, who must wear a turban.  However, the recent decision of the Court of Appeal in Eweida v British Airways shows that there is not an unfettered right to express one’s religious belief.  BA had a dress code policy, which refused visible jewellery to customer facing staff.  Ms Eweida, a committed Christian, attended for work wearing a corss on serval occasions and was asked to conceal it.  Eventually she refused and was sent home.  She complained, unsuccessfully, that she had been discriminated against on the grounds of her religion. 

The Court rejceted her appeal because the detriment of which Ms Eweida complained was only suffered by her.  Her complaint arose from a personal objection, which was not based  on requirements of her faith.  Nor did the dress code interfere with her ability to observe her faith.  The concern had never been raised by any of the other 130,000 BA employees.

From male police officers with pony tails and classroom assistants wishing to wear full face veils, to the British Airways cross case, employers must ensure that their dress code is drawn up to avoid the various discrimination law pitfalls.

Actions for employers:

• Employers can prescribe a dress code that is appropriate for the work involved, e.g. for safety and hygiene reasons.
• Employers can require staff who come into contact with the public or other organisations to conform to a dress code, which will enhance the public image of the employer and facilitate its business.
• Employers must act reasonably, balance the needs of the business with the rights of employees, and get the principles of the code right so that it genuinely reflects a business need, and is neither arbitrary nor discriminatory.
• The dress code needs to be spelt out in a clear policy, which is transparent and understood by all.
• The code must be enforced in a consistent and proportionate way.

As with most aspects of employment law, it can be difficult to put into practice the theory of what is legally required of you as an employer or business owner. Russell HR Consulting provides expert knowledge in the practical application of employment law. On the 11^th of May, we will be running a workshop entitled ‘Breaking the Dress Code Mystery’, which will address the issues of dress code in the work place and give employers practical advice on how to avoid sartorial embarrassment. Visit our website: http://www.russellhrconsulting.co.uk/index.php?/public-courses/course-schedule.html.