19Dec

Employees Rights to Flexible Working

Sarena HarwoodHR and Employment Law Advice and Support

Did you know that all employees who have 6 months’ service with you can now put in a request for flexible working?

It’s not just your employees who are parents or carers who can put in an official request to change their working patterns – now everyone can.

And what’s more, there is no restriction on the reason for the request. In the past, the majority of the requests were in relation to dropping children off at school or picking them up; or maybe a woman who was returning from maternity leave wanted to reduce her days from five to three so that she could spend more time at home with her new baby.

However the changes in the rules means that your staff can ask for a change in their working hours because they want to play in a Cricket league and all matches are played on a Saturday afternoon when this is your employee’s normal working day. Or an employee could ask to start work an hour later each day because “he just isn’t a morning person”.

You have a duty to consider the request although there is no longer a need to follow a statutory procedure. There is also more flexibility in terms of when to hold a discussion about a request with an employee; and when to make the employee aware of your decision. The old rules included having to hold a meeting within 28 days of the date the request was received but these have been removed. You now have a general principle of concluding the process within three months.

If you would like to find out more on how Ward Williams HR can assist with Flexible Working Rights. Please feel free to Sally Phillips: sally.phillips@wardwilliams.co.uk or give us a call on 01932 830 664

13Dec
Performance Management

Performance Management and its value

Sarena HarwoodPerformance Management

Performance Management is an on-going discussion with in most organisations. Not least because satisfied staff are far more likely to stay around than those who aren’t. And with employment at an all-time high, companies are having to work harder to keep and retain talented staff.

The performance appraisal is used in organisations as a way to manage performance, to distribute reward, and to identify and keep future talent. However in a recent survey it was found that ONLY 14% of organisations are happy with their current performance management process. For most organisations, performance appraisals are a time set aside for line managers to talk to their staff about achievements, based on goals often set over a year ago, and to set new objectives for the coming year. Too often employees leave reviews feeling less motivated and misaligned with the work they are really doing.

As organisations continue to modernise, it seems the annual performance appraisal will need to adapt. The new organisation will need a performance mindset that is aligned to the shared values of both the employee and the organisation that is core to the way of working. We have noticed that within our own client base, that thought leadership is moving away from the formality of the performance appraisal and towards providing continuous feedback.

This effective way to develop a performance mindset, flexible enough to give and receive regular feedback and to self-regulate in the moment, is to establish a coaching culture in the organisation.

So why not contact Sally Phillips 07887 877521 or email sally.phillips@wardwilliams.co.uk and find out how Ward Williams can support your business with Performance Management.

05Dec

The benefits of outsourcing HR

Sarena HarwoodHR and Employment Law Advice and Support

There are many reasons that you might decide HR outsourcing is worth considering. Whether you’re noticing that your HR employees are having to work ten hour days to stay ahead or if you’re experiencing a drop in productivity that you think HR outsourcing could help, there’s no question that outsourcing for HR can provide real benefits to your business.

Ward Williams HR Limited offers HR support for any business of any size and can give your business real advantages that actually impact your bottom line.

Here are the top five benefits that come from outsourcing your Human Resources.

  1. Reduce cost– By outsourcing this function you can save your business money by avoiding hiring multiple people to fill various tasks. In most cases, using HR outsourcing to handle different aspects of your business, will be much cheaper than adding new employees to the HR department. Also the larger that your company grows the more money HR outsourcing will save you.
  2. Business as usual – One of the key reasons that HR outsourcing is used is to keep a HR department running smoothly. If your business suddenly faces an influx of information that needs to be processed, you can use our HR team to deal with these sudden needs and allow your HR team to keep focusing their efforts on what have made your business what it is today.
  3. Avoiding turnover troubles – HR outsourcing can reduce any risks involving turnover. For example some functions can’t be stopped because you lose an employee in that function. Instead of trying to manage without the employee or scrambling to get their work covered. By outsourcing HR your core business functions will not suffer, because you can fill the position properly without worrying about other issues.
  4. Overhead Cost – We can help you avoid high unexpected overhead costs as well. If you consider the hours your employees spend on HR related activities, plus the additional cost of training, printing and equipment it can come as a surprise when you compare the cost occurred by this function. By outsourcing this function you know all the costs in advance.
  5. Experience– If you’re adding new functions to your business, HR outsourcing can help by placing trained professionals in your workplace. HR outsourcing can help your business to adjust to new functions by training your current employees while handling basic tasks until they come up to speed. In this way we can help your entire business evolve.

These are only five of the many benefits that human resource outsourcing can provide to your business. Whether you’re looking to save money, avoid extra expenses, add new functions to your business, or something else entirely, Ward Williams HR can provide you with solutions tailored to your need.

If you would like to find out more on how Ward Williams HR can assist. Please feel free to email sally.philips@wardwilliams.co.uk or give us a call on 01932 830 664

04Dec

Data Protection for small businesses

Sarena HarwoodHR and Employment documentation production, HR and Employment Law Advice and Support

1.What is the Data Protection Act about?

The main aim of the Act is to promote a high standard of handling personal information to protect the individual’s right to privacy. This Act applies to all companies which hold data about living individuals in paper or electronic format.

The 8 Data Protection principles for good data handling

All data must be…

  1. Fairly and lawfully processed
  2. Processed for specific purposes
  3. Adequate, relevant and not excessive
  4. Accurate and where necessary, kept up to date
  5. Not kept for longer than necessary
  6. Processed in line with the rights of the individual
  7. Kept secure
  8. Not transferred to any countries outside the European Economic Area unless information is adequately protected.

2. What personal information is covered by the Act?

The Act covers information that relates to a living individual. This is information where the individual could be identified. For example: name, address, date of birth etc. The individual has the right to access the information and correct it if the information held is incorrect.

3.What sort of processing is covered by the Act?

The term ‘processing’ is very broad and covers any action which is carried out on a computer. But in summary will include any of following in personal data terms: recording, holding, using, obtaining, disclosing, erasing or destroying.

4. What to do if you process information about individuals?

The Data Protection Authority requires the Information Commissioner to keep a register of:

  • Data controllers who are responsible for processing information
  • Which purpose they will use the personal data for

If you have this information about employees, customers, suppliers, clients or other members of the public. You may need to record this in the register. This is then called a ‘notification’. However not everyone needs to notify, if you process personal information for core business purposes like staff administration, accounting and own marketing.

To check if you need to notify. Please visit the ICO website by using their self-assessment guide.

5. Can individuals ask for their information?

Under the Act individuals have the right to get a copy of all information you hold about them on a computer or some manual filing systems. This is better known as a right of subject access.

If you do receive a subject access request. You must respond to it within 40 days. You are also entitled to ask for more information so you can confirm the person’s identity.

6. Why you should comply?

Because the new Act is a legal requirement, and it also makes good business sense for the following reasons.

  • Sending mailings to out of date records will annoy customers and waste both time and money
  • Good information handling will increase customer and employee confidence in the business
  • Keeping all information on your data subjects safe and secure will protect you against any claims or damages.

If you fail to notify or renew a notification, when you are not exempt from notifying is a criminal offence and punishable by fines up to £5,000. The Information Commissioners can also take enforcement action to make you bring your processing into line with the eight principles. But failure to further comply is punishable by a further £5,000 fine.

In cases where there is a breach of the DPA which is likely to cause substantial damages or distress and the data controller has failed to take steps to prevent this. The Information Commissioner has the power to impose a monetary penalty of up to £500,000.

7. What you must do

You need to make sure that you and all your staff follow the eight data protection principles. These principles are central to DPA and everyone that handles personal information.

You also need to find out whether you need to notify the commissioner of certain details of your processing.

If you would like more information on this or any aspect of Data Protection. Please feel free to get in contact and find out how we can assist with any changes needed within your business, we will be able to provide you with any documents, assistance and resources you need well ahead of the changes.

So why not contact Sally Phillips 07887 877521 or email sally.phillips@wardwilliams.co.uk and find out how Ward Williams can bring your business into line with the new data protection regulations.

28Nov
Image credit Rawpixel

5 Key steps to successful recruitment

Sarena HarwoodRecruitment and Selection

With employment at an all-time high, companies are having to work harder to keep and retain talented people. A structured approach to recruitment is fundamental to getting the right candidate in the right job at the right time.

So what are the key steps you need to take to streamline your recruitment and make sure you end up with the best person for the job?

1.Reflect on what you need

What often happens is the business will use the job specification from the previous incumbent to recruit a replacement. But what you had previously might not be what the business needs now.

Think about what the ideal candidate looks like:

  • What do you want them to achieve?
  • What kind of person would fit in well with the team?

2.Identify key skills and traits required

A really useful exercise to undertake prior to recruitment is to identify the five key skills you need the new hire to have. Once you’re clear about skills, move on to the key personality traits the new recruit needs to have.

It’s important to document the main skills and traits that you are looking for, so that everyone involved in the interviewing process can prepare how to assess candidates against these essential skills and can give you feedback to make a decision.

3.The hiring process

Be clear where you are best placed to advertise the vacancy. There are many different channels to use: LinkedIn, specialist journals, employee referrals or recruitment agencies. Think about where would be best to advertise to suit your business and the type of candidate you want to attract.

There are many ways the interview can take place. Do you want to do an initial interview, followed by some kind of skills test or psychometric testing? Or would you want the candidate to give a presentation to demonstrate their knowledge and the way they perform under pressure?

4. Plan questions carefully

One of the biggest mistakes hiring managers make is to go into an interview thinking they will be able to sum the candidate up on the basis of an informal chat. Although gut feeling has a role to play, you cannot rely on instinct alone to make the right decision.

By developing a set of consistent questions that interviewers can ask each candidate means you can compare people fairly and objectively. Ask the candidate to describe real situations where they have used the skills and attributes you need.

5. Don’t let the recruitment drag on

It isn’t always easy to find the right person for a role, particularly if you are looking for talent in a competitive market. But if the recruitment process is dragging on for months, you need to assess what might be going wrong.

The first question to ask is whether you are spending enough time to hiring. Good people are in demand, and if you are taking weeks to get back to someone, you will find the candidate you want has been snapped up elsewhere.

Is the job advert making the company look like an attractive employer? The application process shouldn’t be too complicated you can always ask for more details later on, the first step is to receive their CV so that you don’t miss out on a potentially great candidate. Review the salary you are offering too, to make sure it is not out-of-line with what is being offered from, similar roles.

Often, just a few changes somewhere in the recruitment process can make a big difference to the quality or quantity of candidates coming through so don’t miss out, schedule some time to work on your process and tweak a few things; it will make your recruitment process a lot more productive, efficient and rewarding.

If you would like to find out more on how Ward Williams HR can assist in the recruitment process. Please feel free to email sally.phillips@wardwilliams.co.uk or give us a call on 01932 830664

21Nov

A basic guide to TUPE

Sarena HarwoodHR and Employment Law Advice and Support

What is TUPE?

TUPE is an acronym for the Transfer of Undertakings (Protection of Employment) Regulations.

The purpose of TUPE is to protect employees if the business they are employed by changes hands. The effect is to move employees and liabilities associated with them from the old employer to the new employer by operation of law.

What do you need to know about TUPE?

TUPE applies every day to a number of business transactions and it is important that employers of all sizes understand what employment liabilities can arise.

TUPE can apply when employers:

  • Buy or sell all or part of a business
  • Outsource or Take over a “service provision change”

What do you need to know about TUPE?

To protect your business from claims, you need to understand the following:

  • When TUPE is likely to apply
  • What TUPE means legally
  • What you have to do to comply with TUPE
  • What other steps you can take to protect your business from the effects of TUPE.

When is TUPE likely to apply?

TUPE applies where there is a “relevant transfer”. The 2006 Regulations clarified that a relevant transfer means “transfer of an economic entity which retains its identity”. In determining whether this has happened, the courts take account a number of factors.

The question of exactly when TUPE does and does not apply is a complex one. If you think a transaction you are involved in might be covered by TUPE you should always seek specialist legal advice.

What does TUPE legally mean?

Employees who are employed in the undertaking which is being transferred have their employment transferred to the new employer. Employees can refuse to transfer, but depending on the circumstances of the case, they can lose legal rights if they do. TUPE states that “all the transferor’s rights, powers, duties and liabilities under or in connection with the transferring employees’ contracts of employment are transferred to the transferee”. This all-embracing concept encompasses rights under the contract of employment, statutory rights and continuity of employment and includes employees’ rights to bring a claim against their employer for unfair dismissal, redundancy or discrimination, unpaid wages, bonuses or holidays and personal injury claims etc.

Employees therefore have the legal right to transfer to the new employer on their existing terms and conditions of employment and with all their existing employment rights and liabilities intact. In effect the new employer steps into the shoes of the old employer and it is as though the employee’s contract of employment was always made with the new employer.

What do you need to do to comply with TUPE?

The outgoing employer (the business which is being sold/transferring/moving) must:

  • Inform and consult with staff; and
  • Provide employee liability information to the incoming employer.

The new employer must:

  • Provide the outgoing employer with specified information to allow it to properly inform and consult its staff.
  • Focus on welcoming staff into the organisation and try to maintain staff morale and allocate remaining duties. The people factor is crucial and should not be disregarded. The process is important too in terms of legalities but it is imperative you are prepared for integration and get assistance with change management.
  • Identify who will be affected by the transfer and elect employee representatives and provide them with specific information:

What next?

Focus on welcoming staff into the organisation and try to maintain staff morale and allocate remaining duties. The people factor is crucial and should not be disregarded. The process is important too in terms of legalities but it is imperative you are prepared for integration and get assistance with change management.

If you would like to find out more on how Ward Williams HR can assist. Please feel free to email sally.phillips@wardwilliams.co.uk or give us a call on 01932 830664

13Nov

How to manage absence in the workplace

Sarena HarwoodPerformance Management

When dealing with attendance problems, it normally means you have to deal with the possible causes of the absence. This can be working patterns, job design, working and employment relations. This can also include addressing discipline problems such as lateness and poor time keeping. If issues arise, these can often be dealt with informally by the line manager in the first instance.

Key points for consideration

  • High levels of unauthorised absence, including sick leave can cause reduced or delayed production, low team morale and reduce the standard of service within an organisation.
  • Measuring absence can show how much time is lost, when it occurs most and how often individual employees are absent.
  • Keeping individual attendance records will help monitor absence and lateness.
  • Having attendance and absence policies will help employees understand what standards are expected. It will also help managers deal with these issues in a fair and consistent way.

The 3 main reasons people are absent from work

  • They are unwell.
  • They feel unable to come to work because of family or caring responsibilities.
  • They are on authorised leave such as holiday, maternity leave or a training course.

On average people are absent from work for 6.3 days a year. It also found that a quarter of employees (25%) identified that line managers being given sickness absence information is one of the most effective approaches to manage short-term absence and 15% said this is true for managing long term absence (CIPD Absence Survey 2016).

Unauthorised absence normally consists of the “odd day off” when employees give no reason for the absence. Whether this is paid or unpaid it can be costly to an organisation as it is unpredictable. Absence of this kind may eventually lead to disciplinary action.

How to reduce absence and lateness

In addition to carrying out effective return to work discussions. There are workplace issues that can be addressed to minimise absence in the first place.

These could include:

  • Quality of management
  • Working relationships
  • Job design
  • Employment relations
  • Communication of information
  • Flexible working arrangements.

In addition, if workers know that absence will be noticed and investigated, they are less likely to take time off work without proper cause.

How to deal with absence or lateness

Authorised absence and lateness can be dealt with by:

  • Requiring all absent employees to phone in by a given time on each day of absence
  • Having to complete a return to work interview to ensure there are no underlying issues
  • Taking disciplinary action if unexplained absence continues.

Certified or uncertified sickness can be dealt with by:

  • Monitoring individual absence levels
  • Return to work interviews after each absence. And discussing the problems with employees
  • Having a policy on sickness absence
  • If individual problems persist, seeking medical opinions if necessary.

Return to work interview

This is generally a standard procedure, and may be covered in an employer’s absence policy or company handbook. Discussions will be informal and brief and include questions like ‘how do you feel about being back at work?’ The purpose of these is to welcome an employee back and check that they well enough to be working.
If an employee has been absent from work often, employers may also wish to find out if there are any underlying problems causing this, for example if the sickness is work-related or if they are having any problems at work or home.

Statutory / contractual sick pay

Employees need to qualify for statutory sick pay (SSP), and must have been off work sick for 4 or more days in a row (including non-working days).
Employees can’t get less than the statutory amount, but some employers pay more through a company sick pay scheme (or ‘occupational scheme’), check your employment contract terms and conditions.

If you would like to find out more on how Ward Williams HR can assist in any absence management issues. Please feel free to email sally.phillips@wardwilliams.co.uk or give us a call on 01932 830664

08Nov
The staff Christmas after party

The staff Christmas after party…

Sarena HarwoodOccupation Health Services

How many employers have heard of or seen their staff going on to continue the festive fun after the work Christmas party has ended?

In a recent case Bellman v Northampton Recruitment the employer held a Christmas party for its employees. Once the party was over, a few colleagues went on to a hotel to carry on drinking. In the early hours of the morning one of the group, a director of the company, physically assaulted one of his colleagues, a manager.

The assault caused serious brain injury to the manager and the decision was taken to sue the employer (which was insured). No similar claim was brought against the director.

The question that arises, is whether the employer should be held liable for the action of its employees and if the director when he struck the manager was “acting in the course of his employment”?

If it was found that he was, then would the employer be vicariously liable for his actions? No… The Judge held that the employer could have been liable if the director had struck the manager during the Christmas party, but as it had occurred after the Christmas party had ended and when the group had chosen to carry on drinking the company was not vicariously liable. An interesting case and some food for thought at this time of year…

If you would like to find out more on how Ward Williams HR can assist. Please feel free to email sally.phillips@wardwilliams.co.uk or give us a call on 01932 830664

02Nov

Charity Cake Bake for Surrey Wildlife Trust

Sarena HarwoodCharity

On Wednesday 1st November, Ward Williams HR hosted a Halloween theme charity bake off to raise money for their two chosen charities Surrey Wildlife Trust and Lymphoma Association.

Throughout the year Ward Williams HR have continued to support both charities by raising donations through local charity events.

The whole Ward Williams Group took part in the charity bake off. Including Ward Williams Chartered Accountants,& Ward Williams Creative.

For the event, everyone was tasked to create their spookiest Halloween themed bake. Which were then on sale to raise money. There were prizes given out for best Halloween bake for each of the three offices Weybridge, Sunninghill & Uxbridge.

Photos from the event

   

   

About Surrey Wildlife Trust: 

Surrey Wildlife Trust is a wildlife charity and is one of 46 Wildlife Trusts working across the UK.

With the invaluable support of volunteers and members we care for over 6,500ha of land for wildlife in Surrey. We also work with other organisations and landowners to protect and connect wildlife sites across the county and inspire local communities and young people to care for wildlife where they live.

About Lymphoma Association:

Are the UK’s only charity dedicated to lymphoma, the 5th most common cancer. They’ve been providing in-depth, expert information for 35 years, helping thousands of people affected by lymphoma. Their mission is to make sure no one faces lymphoma alone.

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