What is unconscious bias?

Unconscious bias is a term which is commonly used in relation to equality, diversity and inclusion in the workplace.  In this blog post we try to demystify unconscious bias and explain what it really means.

Unconscious bias is an unconscious inclination or prejudice.  It can be referred to in the context of a ‘gut’ feeling, or instinct feeling people have. These feelings will be informed by experiences and influences during their lives.  There is usually no ill will, but it is nevertheless seen as an issue in workplaces.  This bias can influence business decisions, and can compromise an employer’s ability to be an inclusive and equal workplace.

From a legal perspective, the areas to be aware of are around certain criteria, which could be covered under the description of a ‘protected characteristic’ most commonly related to age, gender, race, religion/belief, disability, sexuality and marital/partnership status.

Unconscious bias around gender, for example is the way someone might assume that a pink clothing item is appropriate for a little girl, or that little boys play with trucks while girls will want a dolly to play with.  Or age bias might be that an older person is overqualified for a junior role they’ve applied for.

We’re all human, and our decisions are informed by our own experiences.  So if it’s just about being human, why is it a problem?

What’s the problem?

Put simply, not tackling unconscious bias, means that those experiences and influences informing our decisions will continue to harm certain groups or individuals, unchecked.  Being aware of our natural bias, means that we are more likely to look beyond the assumptions we may instinctively make about an individual or group, and prevent us from treating those people differently.   Ultimately if they are treated differently, or they suffer a detriment as a result, they may have a claim for (indirect or direct) discrimination.

Over time, employees who think they are treated differently due to unconscious bias, develop feelings of isolation and alienation, and feel uncomfortable being themselves. This would take its toll on anyone, and may also affect the organisation’s performance overall.  Employees who experience bias and prejudice often actively disengage and reduce their contributions, and ultimately seek a role elsewhere.

What are the benefits of tackling unconscious bias?

Equality, diversity and inclusion (EDI) is seen as an increasingly important part of what a business has to offer.  To be an inclusive employer means that employees feel welcome, valued and included. This in turn means team members will stay longer and be more engaged and productive.

Diversity in the workplace is a serious competitive advantage with immediate and tangible benefits. It ensures a variety of different perspectives and a variety of different skills and experiences.  It gives organisations access to a greater range of talent, potentially increasing creativity and innovation.

The best way to overcome unconscious bias, is to ensure people become more self-aware (and self-critical) about their decisions and behaviours.  This can be done via training in a variety of formats. Alternatively, you could develop some supporting systems and processes, to ensure decision makers at all levels are challenged in a safe setting.

You can find out more about the benefits of tackling unconscious bias and what approach works here.  And if you’d like some advice about EDI issues in your business, please do get in touch.

Obviously, employers are always keen to make successful hiring decisions. However it is common for a new hire to be unsuccessful in probation. This is often because it transpires that they don’t actually have the skills and experience needed for the job.

Why does this happen?

There are two potential answers to this question:

• The criteria for the job was not correctly defined at the start, and / or
• The questions during the selection process did not successfully establish the skills and experience of the candidate.

A great deal of management time and effort (and often direct cost) goes in to recruiting and onboarding a new employee, so when it doesn’t work out, more management time goes in to dealing with the problem. There are often direct costs in paying notice in lieu and untaken holiday when the leaver is processed.  You then end up doubling the recruitment costs and time for filling that role, when you repeat the process to recruit a better replacement.  So, getting the selection process right, makes business sense.

Tips for making successful hiring decisions:

• REALLY think about the job you need to fill. Consider the skills and experience that person needs to have.
• Create a job ad and job description which clearly articulates the qualifications, skills and experience you’re looking for. This will enable potential applicants without the skills you need to self-select out of the process.
• Involve more than one person in the shortlisting and interviewing process and spend time preparing together.
• Devise interview questions which are open and based on the candidates’ experiences. Plan to have a two-way conversation with them about it, so you can assess them against what’s required.
• Probe the candidate on their experience to ‘drill down’ in to the detail.  This will eliminate any potential embellishments, assumptions or misunderstandings about the experiences they have actually had.
• Ensure all candidates are interviewed in the same robust way, regardless of whether they are recommended by a contact, or you have worked with them before.
• Ensure one of the interviewers is taking notes of the candidate’s responses (the content, not their opinion about it). This will serve as an accurate reminder about the candidates, so you can discuss your thoughts about them effectively afterwards.
• If you’re in doubt about a candidate, ask them back, or meet them for coffee so you can ask them more about the areas where you feel less convinced. Or involve a third interviewer to do this – prepping with them about the areas of focus/concern.
• Do not appoint someone just because they are the best in an unsatisfactory group of candidates. If they do not have the essential skills and experience, and these areas cannot easily be developed or trained upon joining, do not appoint them.

Not everyone has a natural ability to interview well, but training or coaching can help your managers run an effective selection process, so they can find the right person for the job.

If you or your team need support in making more successful hiring decisions, get in touch.

Absence of more than 4 weeks is often defined as long-term sickness absence. In some cases an employee’s absence can continue month after month.  But how do employers manage this absence in a positive and pro-active way that benefits the business and the employee?

Here are 5 tips for managing long-term sickness absence:

1. Make sure you have a sickness absence policy.  Any policy you have should include: absence notification requirements; sick pay applicable and what the qualifying criteria is; expectations regarding contact with the employee during sickness; an absence review process and how long-term absence will be dealt with.
2. Introduce an Ill Health Capability procedure. This will enable you to manage an employee’s long-term absence through a fair and transparent process.
3. Maintain regular communication with the employee.  Contrary to popular belief it is rarely appropriate to cease contact with an employee while they are off sick.  Limit this contact to business updates and enquiries regarding the employee’s health.  You should put no pressure on the employee to return or deal with work during their absence.  A supportive and empathetic approach should be taken, focussed on their wellbeing and what you can do to support them. This will support their ongoing engagement with the business and hopefully a productive return to work.
4. Consider the steps you need to take to support the remainder of the team during the employee’s absence.  This will reduce any potential resentment about additional workload. The danger is that resentment builds and is directed at the absent employee, making their return to work difficult. Carry out regular check-ins with the team to enable you to address any issues they share.
5.  Ensure you follow the policies you have in place correctly.  Put milestone dates in the diary to prompt actions under the policies and procedures to ensure you stay on track. For example: the date the current fit note expires; next planned contact date and why; when Company and Statutory sick pay expires, and the stages of the Ill Health Capability procedure.

Although every situation is different, you will be best placed for success if you have these basics in place.   The worst-case scenario is that you get it wrong and receive an employment tribunal claim against you alleging disability discrimination.  In addition to this, the employee may be disengaged even if they do return, therefore they are unlikely to be productive.  The alternative is that they ‘disappear into the ether’, making it difficult to resolve the situation one way or another.

Helpful HR can support you if you have an employee absent from work due to long-term sickness, so get in touch and we can get you on track and limit the risk of a costly employment tribunal claim.

Over the last 6 months mental health and wellbeing support has become a hot topic, as data emerges about anxiety and stress levels in the context of returning to work and to the workplace.

What do we know?

Some key statistics regarding mental health and wellbeing are coming to light:

• 72% or employers are planning to bring teams back to the office by mid-October ¹
• 33% of UK workers don’t have faith in their colleagues when it comes to hygiene protocols ¹
• 44% of workers are worried about sharing equipment ¹
• By end May 2020 calls to the UK’s national domestic abuse helpline had increased by 66% ²
• The number of adults experiencing depression has doubled during the pandemic ³
• 37% of people in the UK are suffering from high anxiety ³
• 22% of those with no pre-existing mental health issues now report having ‘poor’ or ‘very poor’ mental health ⁴
• 65% of those with pre-existing mental health issues report that those issues are now worse ⁴

In the context of these statistics, fears of a mental health crisis seem well founded.

What does this mean for employers?

There are potentially many ways in which the mental health crisis will affect employees, as people will have had very different experiences of the pandemic. Here are some of the issues your employees may be having:

• Job security – as more and more businesses announce job losses, anxiety about impending unemployment will be high
• Isolation – for some remote working has left them feeling isolated and de-motivated
• Mental and physical exhaustion – for many who had to balance work and childcare and/or home-schooling it has been extremely stressful and tiring, creating what could manifest itself as ‘burn-out’
• Personal relationship stress – spending such a long time in close proximity with partners may have put a strain on relationships
• PTSD and bereavement – for anyone who contracted the virus, there are reports of potential longer term mental and physical issues; and those who have lost loved ones may still be dealing with grief and feelings of guilt

Employees may find it difficult to focus, concentrate and  stay motivated and engaged. For those who are working from home for the foreseeable future, the feeling of being disconnected from their colleagues may continue. Without interventions, these issues could result in both a downturn in productivity and difficult and sensitive employee relations issues to manage.

Pro-active employers will definitely be on the front-foot if they can support employees through the next phase of the coronavirus pandemic and beyond.

Why should employers focus on mental health and wellbeing?

As well as the ethical and moral arguments for supporting employees who are struggling, there is evidence to suggest that wellbeing could increase productivity by 12% and that unhappy staff could be 10% less effective. ⁵

If employers do provide support for their employees, they would undoubtedly become more resilient. If issues arise at any point in the future those employees will be able to manage more successfully, leading to less employee absence.

Employers will also find that how they treat people during this time will define them and their brand. Being supportive will drive both loyalty and make them a more attractive employer for the best talent in the longer term.

From a practical perspective, if employers ‘catch people’ before they fall, they will avoid difficult employee absence issues which can be time-consuming and expensive to manage.

There is also the issue of the duty of care employers have for employees. Employers have a duty to minimise risk of health and safety issues, and this includes the risk of mental health issues. Risk assessments should be done, steps taken to minimise risk and these should both be communicated to employees to ensure employers don’t breach of health and safety regulations.

In addition, as mental health issues can be regarded as a disability, employers have a duty to make reasonable adjustments to accommodate and support those with mental health issues.

What can employers do?

There is a plethora of solutions to address the mental health and wellbeing. Here are some ideas:

Communication: Make people feel connected and find out how people are feeling.

• Conduct regular group and individual check-ins
• Hold virtual team meetings – peer or manager lead
• Create virtual ‘pub’ meet ups over video conference
• Appoint ‘check-in’ champions in each team who can re-create the ‘water cooler’ catch up moments

Line manager proactivity: Create a supportive environment.

• Be a sympathetic ear – not just focussing on work / outputs
• Train managers as Mental Health First Aiders
• Ensure managers are keeping up to date with how individuals in their team are coping
• If returning to workplaces is causing anxiety, ensure managers are discussing options and solutions to help address those anxieties
• Communicate with employees to reassure them about what the company is doing to minimise risks

Update or create a Mental Health and Wellbeing Policy

Re-visit your existing policy and update it to account for issues created by the coronavirus pandemic and different norms relating to work and workplaces. This will create the framework within which the business will function in this area, and create consistency.

Research, propose and implement a variety of support ideas to tackle the variety of issues people may be experiencing, to cover physical health, diet, financial health as well as mental health and wellbeing. All of these factors play a part in keeping employees healthy in body and mind.

If you would like to discuss support you could put in place for your employees, get in touch with Helpful HR here.

References:

1 – Solopress Survey via HR Review: https://www.hrreview.co.uk/hr-news/workers-fear-returning-to-work-due-to-colleagues-lack-of-hygiene/126356?utm_source=Gatormail&utm_medium=email&utm_campaign=HR+Daily+Friday+-+17-07-2020&utm_term=Government+bury+its+%27head+in+the+sand%27+in+response+to+House+of+Lords+IR35+report&utm_content=108317&gator_td=o3G5kc7rW2VpP8pLbvvPKX8i65b%2blZYHTpgu38q3MGha0tK5Q3sXgBaP1prmh6Uahsujuoe2CuGf6B3yFqphtXubssiphNgkvdH1KnKkAGx3lvuNf7CA%2bu8sK%2bvpNvjxNCLDEd8aOmaV9F4yS%2bf%2f2pCjx64K0MeyKpb1VszBRbl53pQV6Ng3a%2fnLQ8Dir5b9XfQusRxJpXxh1CL8mZhbHg%3d%3d

2 – Independent: https://www.independent.co.uk/news/uk/home-news/domestic-abuse-lockdown-reports-school-reopen-coronavirus-a9703926.html

3 – Office of National Statistics via People Management: https://www.peoplemanagement.co.uk/experts/legal/supporting-workers-mental-health-during-covid?utm_source=mc&utm_medium=email&utm_content=pm_daily_03092020.Employment+law%3a+Supporting+workers’+mental+health+during+Covid&utm_campaign=7295441&utm_term=1115500

https://www.peoplemanagement.co.uk/voices/comment/employers-must-act-restore-workforce-mental-health?utm_source=mc&utm_medium=email&utm_content=pm_daily_24072020.Opinion%3a+Employers+must+act+to+restore+their+workforce’s+mental+wellbeing&utm_campaign=7295441&utm_term=1115500

4 – Mind via People Management: https://www.peoplemanagement.co.uk/voices/comment/employers-must-act-restore-workforce-mental-health?utm_source=mc&utm_medium=email&utm_content=pm_daily_24072020.Opinion%3a+Employers+must+act+to+restore+their+workforce’s+mental+wellbeing&utm_campaign=7295441&utm_term=1115500

5 – University of Warwick study in 2015: https://warwick.ac.uk/newsandevents/pressreleases/new_study_shows/

In a tough economic environment employers may conclude they need to reduce headcount and make some redundancies.

If that’s the case, there’s a statutory process to follow before making people redundant. It’s important to get the process right to avoid unnecessary disputes or Employment Tribunal claims for unfair dismissal.

Here are some key points to remember if you think you need to make redundancies.

Make sure it’s a genuine redundancy

Redundancy is about the role, not the person. The redundancy process should never be used to dismiss a specific employee in place of performance management and a disciplinary process. A redundancy is only genuine if it fits within one of the following descriptions:

• • the employer ceases to carry on the business in which the employee was employed,
  • the employer ceases to carry on that business in the place where the employee was employed,
  • the needs of the business for employees to carry out work of a particular kind cease or diminish, or
  • the needs of the business for employees to carry out work of a particular kind in the place where the employee was employed cease or diminish.

Preparation is key

Once you have established the reason for the redundancy of a role, prepare some notes for the consultation process. These notes should include key information you need to communicate:

• • why you need to make redundancies,
  • which jobs are at risk,
  • how employees will be selected for redundancy,
  • the number of people who could be involved,
  • how you plan to carry out redundancies,
  • how redundancy pay will be calculated and
  • details of any agency workers at the company

Fulfil your obligations

Establish the timeframes within which you need to consult and whether you need to consult a trade union, or elected representatives. If you plan to make more than 20 people redundant within 90 days you will need to do collective consultation, so it’s important to know your obligations.

Plan for the process

Prepare your notes and make sure you know the timeframes and consultation requirements. It can then be helpful to create a communication plan for the consultation process. The plan should include details of the consultation with potentially redundant employees as well as other team members who may be affected by the changes.

Make proposals

When the consultation is complete, a redundancy can be confirmed. True consultation involves listening to alternative ideas to avoid redundancies, considering any contractor or agency worker roles instead and redeployment opportunities within the company. It’s also important to ensure the affected employees fully understand the reasons for the consultation and what it means for them specifically. Prior to consultation being completed any redundancy plans should be presented as proposals, subject to consultation.

If you’re making large-scale redundancies, it can result in a long and complex process, but whether it affects one employee or 50, it’s still important to get it right and consider their rights and how the news will affect them. Good planning and communication is key.

We work with businesses during difficult times and help to take away the worries about getting it wrong, so if you’re business needs to make these difficult decisions, get in touch with Helpful HR.

Congratulations! You have achieved that long yearned for appointment or promotion in to a leadership role. The joy of your success may be palpable, and rightly so. However, an element of apprehension may make an appearance at some point.

Here are some top tips for any newly appointed leaders out there, to make sure you’re set for success.

Identify some quick wins

The first 100 days is a typical gauge of success, so speak to key people to identify some quick wins and find the right people to deliver them. Motivate, monitor and measure their progress, provide support and celebrate the successes. Make sure that the delivery of the quick wins sets the tone of your leadership style and be consistent.

Meet people and listen

Your success is dependent on other people, both in and outside of the business.  Make a commitment to meet:

• your direct reports and key people in their teams
• other leaders in the business (if you’re part of a senior leadership team)
• key partners in other business areas, with whom you can share knowledge
• key customers and suppliers

When you meet with them, ask questions about how things are going and what could be better. Listen to their thoughts and opinions and make notes.

Create a long-term plan

Whilst the quick wins serve a purpose, you also need to think long-term. Use the information from your initial meetings to identify the long-term priorities. Ensure you communicate to your team about these priorities and your reasoning. Ask for feedback, listen, then make a final decisive plan, identifying the ‘what’, ‘why’, ‘who’ and ‘when’ for each of your priorities.

Overcommunicate

Be visible and accessible. Arrange and stick to regular meetings with peers and direct reports, as well as key project leaders. Share information with them and ensure they share their progress with you.  Involve your direct reports in defining the ‘how’ in your plan. Your success is dependent on how it is delivered, as well as the ‘what’, ‘why’, ‘who’ and ‘when’.

There are many other things you could do, and there are many articles about successful leadership if you look for them. But these tips should help to send you off in the right direction. If you need support in a new leadership role, get in touch with Helpful HR.

Parents and carers were given the legal right to make a flexible working request in 2002. From 2014 any employee with over 26 weeks’ continuous employment with their employer has the right to request flexible working. However according to a recent CIPD report, Megatrends: Flexible Working, the number of employees working flexibly has flat-lined since 2010.

Why not be flexible?

Apprehension and at times downright negativity about flexible working is not unusual. Requests to work fewer hours, compressed hours and/or working from home often provoke this response. This is particularly the case if the employee making the request manages other employees. Employee visibility is the issue and managers think if they can’t see their staff, they don’t know they’re working. Managers question their employee’s honesty, convinced they will be ‘out shopping, or walking the dog when they should be working’.

Where does this lack of trust come from? Employers need consider if they expect employees to deal with work outside of their contractual working hours. If they expect flexibility but don’t reciprocate due to a lack of trust, employee goodwill will wane.

Reciprocal flexibility works

Perhaps this is a bit extreme, but trusted flexibility can work both ways to the benefit of everyone. It just requires a bit of extra thought about how it can work. If employees want flexibility and their employer gives it to them, their engagement, loyalty and commitment will increase. If employers refuse requests, employees will ask why they should go the extra mile when the company isn’t prepared to do the same for them. They will be less motivated and may begin to ‘work to rule’ or look for a job elsewhere. I don’t think any employer would want that outcome, especially at a time when the ‘war for talent’ seems tougher than ever.

Managing flexible employees

It’s a reality that some jobs really can’t be done flexibly, but every requests need to be considered properly, to see if it can be accommodated. Managers are often concerned about managing less visible employees. But if outcome-based objectives are set, it should be easy to identify and address a dip in performance levels. It’s entirely possible that managers feel overstretched and feel they don’t have the time or energy to consider how it might work. But companies that provide flexibility will benefit from increased talent retention, engagement and productivity. At a time when there are reported skills shortages, surely it’s worth the effort?

If you would like help managing flexible working in your company, or support in dealing with a request, please do get in touch.

Apparently this coming Monday, 15^th January 2018, is ‘Blue Monday’, the most depressing day of the year.  January can be a tough month after the (hopefully) joyous Festive Period and a welcome break from work. But can we really pick one day out of the 31 in January, or the 365 in the year, and say that this coming Monday 15^th January 2018 is the most depressing of all?

The science bit

The term Blue Monday was, so we’re told, invented by the marketing team at Sky Travel in 2005 in an attempt to encourage people to buy a holiday at a quiet time of year. There’s even a formula for calculating the date, which includes weather, debt, days ‘til payday, time since Christmas, resolutions broken. It also includes some feeling factors which somewhat compromise the ‘science bit’.

Resistance is not futile

There’s definitely a case for rebellion here. January is tough, but we shouldn’t be told how to feel on a particular day, should we? There are enough challenges to face in this fast-moving world, so let’s all resist this phenomenon! To help us, there’s even a website dedicated to encouraging positive acts on Blue Monday.

Blue at work

The Blue Monday phenomenon does have potential implications for businesses. There may be many people who believe the hype and expect to feel blue on Monday 15th January 2018. And purely for this reason, they may succumb to the negative feelings Blue Monday is designed to exploit.

Be part of the solution

What can employers do to counter these negative feelings? We live in a time when businesses are struggling and ‘austerity’ feels like it has become part of our culture. So how can you motivate a workforce who are feeling the pinch and maintain positivity at work?

There’s no easy, one-size fits all answer. People are motivated in different ways, whether it’s hitting advertising targets and achieving bonus, or receiving accolades for good performance.

Top tips

Here are 5 top tips that should support the rebellion against Blue Monday:

• Spend time getting to know your team as individuals. Find out hat they enjoy, what motivates them, how they like to be recognised.
• Make sure you diarise regular 1-1s with your team for the year. Show your commitment to them through the giving of your time.
• Give thought to what you can do to help them achieve their career aspirations. It may be development, training, work-shadowing, job swapping, coaching and/or action planning. There are many possibilities to consider.
• Start the year with a team meeting to share ideas and make a plan for the year ahead to which everyone can contribute.
• Consider a physical activity, to get those endorphins flowing, maybe a team walk at lunchtime, or a sponsored activity which everyone can engage in.

These top tips should help to create a positive working environment where employees can flourish at any time of year. Developing an open, inclusive work place where everyone feels valued will definitely help to build this positivity.

So, while these top tips won’t necessarily stop people from being conned into feeling Blue on this coming Monday, it might help in the longer term.

If you would like to find out more about what you can do to build a positive working environment, we can help, so do get in touch with Helpful HR.