From 26^th October 2024, businesses will have to fulfil a new requirement to prevent sexual harassment in the workplace. This is due to the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023. The EHRC guidance suggests this preventative duty extends to harassment of this kind by a third-party. This includes customers, clients, suppliers, visitors, members of the public – anyone who interacts with your staff at work. Essentially, employers potentially have vicarious liability for the acts of colleagues and third-parties in the workplace. That said the situation with regard to third parties is still relatively unclear from a legal perspective. The new Labour government have indicated that they intend to strengthen this new protection, so employers would do well to be on the front foot now, as there may be more to come.

What are employers expected to do?

Employers are expected to take ‘reasonable steps’ to prevent sexual harassment at work, although there is no definition of what those reasonable steps might be. The expectation is that they include actions that are practical, proportionate and tailored to the specific workplace. If employers can demonstrate that they took these reasonable steps, they might be able to successfully defend a claim of sexual harassment at work at a tribunal. Failure to do so could not only result in an uncapped compensation payment to the claimant, but also up to 25% uplift on compensation if an employer has breached the specific duty to prevent sexual harassment.

10 Reasonable steps to consider

1. Ensure your anti-harassment policies are up to date and reflect the new requirements. Make it clear what the Company’s expectations about behaviour in the workplace are. Consider creating a specific anti-sexual harassment policy and ensure this is regularly communicated to all staff, and third-parties.
2. Ensure that the ‘workplace’ is correctly defined in line with the Equality Act.  This extends to workplace social and off-site events, and interactions (both in person, in writing and on social media) that are connected to work.
3. Conduct a risk assessment of your workplace to identify where there is a risk of harassment. Ensure you include third-party risk, review the number of complaints received and the outcomes of those investigations.
4. Conduct regular anonymous staff surveys to get feedback on workplace culture including this specific area.  Or create an anonymous reporting system through the use of QR codes, publicised in discrete areas.
5. Ensure the process for raising a complaint is straightforward, that it’s clearly explained and easy to access.
6. Put up notices in staff areas, and anywhere your staff come in to contact with third parties.
7. Invest in up-to-date regular mandatory anti-harassment training. Use this to educate employees about acceptable behaviour, and what to do if they witness sexual harassment.
8. Invest in up-to-date regular mandatory manager training. Use this to educate your people managers about how to address issues and spot the early signs of harassment.
9. Ensure those who are responsible for investigating any complaints are trained and capable of doing so.
10. Ensure the senior team are aligned in taking a zero-tolerance approach to harassment. Make sure they are committed to creating and maintaining a culture that values diversity, inclusion and respect.

Consequences

If your employees do experience sexual harassment in the workplace, there are a number of different negative consequences.

As well as putting the business at risk of an employment tribunal claim (which is both costly and time-consuming), the consequences of sexual harassment in the ‘post #metoo era’ extend wider than this:

• Your reputation as a business may come under scrutiny. This may lead to potential lost business opportunities if investors, stakeholders, or potential customers or clients decide they don’t want to be associated with a business that has a problem with sexual harassment. Publicly listed companies have lost share value when issues of sexual harassment have been present.
• Your reputation as an employer will be detrimentally affected – not many people would seek to be employed by a company that has issues with sexual harassment in the workplace, and those already working for you will undoubtedly look for other opportunities. You are likely to find it hard to find and hang on to talent.
• The mental health of your employees is likely to be detrimentally affected, affecting productivity, absence and performance.
• The EHRC also have the ability to investigate and enforce the new requirements if an employer fails to comply with the requirement to prevent sexual harassment in the workplace. This process would also be extremely involved and time-consuming and further damage your reputation.

This change takes effect on 26^th October 2024, which means you need to have the ‘reasonable steps’ in place by this date in order to avoid a breach of the new duty to prevent sexual harassment in the workplace.

If you are concerned about what these changes mean for your business, Helpful HR can help, so get in touch.

When you hire a new team member, there will usually be a probationary period. This is a time during which both parties can establish if hiring them was the right decision. It’s a fixed amount of time, so proactively managing probationary periods is important. If it applies, details of a probationary period must be included in employment contracts. Wording should include the duration, the right to extend, and areas of their performance and conduct which will be considered.

Many companies have rebranded the probationary period, using terms like ‘Introductory Period’ or ’90-day journey’. They mean the same thing; Was hiring the new joiner the right decision?

Probationary periods ensure that an employee’s expectations are managed. They understand that what they do during that time matters and can affect their ongoing employment.  If the end of a probationary period goes left unchecked, the default position is that they have successfully passed.  This may result in changes to their entitlements and notice period, and it’s more difficult to address those issues after that.

Areas to consider

When it comes to assessing whether the hiring decision, it shouldn’t just be about technical ability in their field of expertise. It’s about the behaviour they demonstrate, their understanding of the business or their desire and enthusiasm to learn and make a positive contribution. In an SME one person can make a big difference to the team dynamic and the success of the business. Therefore, it’s important that you use the probationary period to determine if you made the right decision. The probation period is also about the employee deciding if this is the right place for them. It’s important that you engage in two-way dialogue about how they’re getting on.  The probationary period provides an opportunity to ‘course correct’ if things doing seem to be going to plan, either for you, the team or the new hire.

Tips for managing a successful probation

Managers need to spend time proactively managing probationary periods. It should be expected that more management time will be spent on this person during that time. The time you spend is an investment which will hopefully lead to a direct return.

So what should managers be doing during their new hire’s probation?  Here are our top 10 tips:

1. Clear job information: Make sure all the relevant information is clearly communicated during the recruitment process. That way there is no ambiguity about the role and what it involves
2. Effective induction: Ensure you have an effective induction programme. This should include information about their job, the team, the business and the way it’s structured. It should also include where they fit in, the values of the company and how you expect employees to behave at work
3. Introductions to key people: Ensure the new hire is introduced to key people on day one or at least during their first week. That way they know where to go for support if they have questions. No-one can know everything from day one
4. Meet regularly: Meet with the new hire 1-1 regularly and frequently, and make sure it’s diarised and a written note is taken and shared with them in a timely way. In these meetings you can ensure they know what they should be doing. You can provide regular feedback about how it’s going, both from the perspective of their work, as well as their behaviour. For example if their work has been accurate, or you have noticed they have been late multiple times during their first week / month. Flag what you have noticed, ask how they feel it’s going and if there is anything they’re not sure about
5. Set SMART objectives: Set some agreed objectives for the first month, and / or overall for their first 3 or 6 months. Progression towards meeting the objectives should also become an area of feedback in your weekly meetings, and follow up on email with the key points
6. Be accessible and approachable: Have ad hoc informal catch-ups with the new hire on the ‘shop floor’. Ensure your new hire has the opportunity to ask any questions they may have
7. Flag issues and concerns: If there are issues, flag them sensitively, but honestly. Explain why it’s a problem, and what you expected instead, or better still, ask them how they could have avoided the issue
8. Timely feedback: Ensure your feedback is given in a timely way. If something serious is wrong, don’t wait for the next 1-1 meeting
9. Preparation for meetings: Provide feedback in a confidential setting away from colleagues to protect their dignity. Prepare feedback properly to ensure it’s objective and delivered thoughtfully
10. Act prior to the end of probation: Make sure you meet with the new joiner before the end of the official probationary period to confirm formally if they have passed their probation. Alternatively, probation can be extended if there are ongoing issues which need to be addressed. Equally if there are too many issues you may have to deliver the news that the probation has not been successful. (i.e. you give notice to terminate their employment)

As people managers it’s in your interests to do all you can to set this person up to succeed. This avoids unnecessary additional time and resource in sourcing a new hire twice in a short period of time. That said, sometimes things don’t work out. If that’s the case, dealing with it promptly and decisively will save time and money.

Recruitment can be expensive and time-consuming, so making sure your initial recruitment process was appropriate will help.  Read our previous blog here about recruitment if you want more tips for successful recruitment.

If you would like support managing probationary periods, or you have an issue with a new hire, get in touch.

As a small business you might ask ‘why do I need HR?’ if you have a small headcount and everything seems to be going well.  An HR Consultant is often engaged to support and advise when there are employee related issues or problems. That might be a situation involving redundancy, a disciplinary, grievance or dismissal.  Of course, ensuring that these situations are dealt with correctly is very important.  We do our job, help you to resolve the issue and that’s that.  All good.  But there IS more to HR than troubleshooting of this kind, and it’s important even (or I would argue especially) for small businesses. The way your people are managed will have a direct impact on their success, and by implication the the success of your business.  In a small business where the headcount is under 50, each employee has a greater proportional impact on the working environment, the team, the success of the business and how well it functions.

What do I need to know about HR?

The Chartered Institute for Personnel and Development (CIPD), states that Human Resources Management (HRM) is:

“…the function within an organisation that focuses on the recruitment, management, and direction of the people who work in the organisation. HRM can also be performed by line managers.”

There are multiple stages in an employment relationship, some of which are included in the definition above.  If we look at this in more detail, the stages are:

Employees experience these activities during their journey with you, their employer. But you won’t positively impact the success of your people and your business without considering the ‘how’ in each of these areas. Let’s look at each stage in more detail:

Attraction

What skills, knowledge and experience do you need, and how will you attract these people in a competitive recruitment market?

Recruitment

What are your recruitment methods, and do they successfully identify if the candidates have the skills, knowledge and experience you need?  How many of your new starters leave before they finish their probationary period with you?

Onboarding

How can you ensure effective onboarding of someone into their job and the company, enabling them to become productive quickly and begin making a positive impact on your business?

Development

How do you develop your onboarded employees? What development and progression can you provide so that your people become better and better at their jobs and become the experts, managers or leaders of the future?  Or do people leave to get that development and progression?

Retention

How do you treat your employees while they’re with you? What can you offer them that will keep them loyal and engaged?  Or might they always be on the lookout for the next opportunity elsewhere?  How do you make sure you keep all the knowledge, skill and experience you have supported and developed from walking out of the door, reducing your ROI, and increasing your costs?

Separation

How do you treat leavers? Does that change depending on whether they’re a voluntary or involuntary leaver? What do your current employee population observe when others leave, and does that process feel dignified, respectful and make them feel glad they still work there?  Could your leavers be employees of the future, once they’ve gained other experiences, and would they want to return to you?

And the cycle continues…..

What should I do?

In short, the first stage would be to look at what you currently do.  Ask yourself and selected others 5(ish!) key questions:

1. Are your people processes efficient and effective for the business and your people?
2. What kinds of experiences do your employees have at the various stages of the employee lifecycle?
3. What kinds of behaviours do you value? Do you see these demonstrated by your managers and employees consistently in their interactions with each other?
4. What kind of employer do you want to be?  How does that link in with your brand marketing and PR?
5. How high is your employee turnover? How successful are your attempts to recruit new talent?

This is just the start of the process, and it will lead to further conversations and questions, no doubt.  Maybe this next year is the year you start to take a strategic approach to your people management practices?

If you’re asking yourself “Why do I need HR?” and you’d like more information, or if you would like support to look at any or all of these areas to make your business even more successful, get in touch.

The Covid-19 pandemic had an undeniable impact on everyone’s lives.  During that time, the requirement to work flexibly created a new landscape, which employers are still having to navigate.

For some employees, that switch to remote, flexible working appears to have resulted in the ‘always-on’ phenomenon. There’s no real boundary between work time and personal time. This means that employees can work around other personal commitments or activities, if they wish. However some people find it difficult to switch off, in some cases leading to a culture of presenteeism.

What is Presenteeism?

The CIPD states that presenteeism occurs when people work when in suboptimal health.  Your employees are attending work when they are unwell, and are therefore unable to be productive.  Absenteeism has a huge cost implication for employers.  But interestingly, the CIPD also reports that presenteeism has a much bigger cost (according to research by Deloitte).

Why is it a problem?

Unless addressed, presenteeism can lead to a culture where presence indicates commitment and success. I.e., if you turn up early and leave late you’re doing a great job, you will be more valued, and potentially rewarded accordingly.  What it doesn’t do is lead to an increase in productivity and it can cause a toxic culture. These things will drive away talent, further decreasing productivity.

There are also other effects, for example:

• Employees come to the workplace with contagious illnesses, which spread through the workforce, increasing absence and / or presenteeism.
• Employees won’t take the rest from work they need to recover, therefore stay unwell for longer, or their health deteriorates further.
• Employees working while unwell will understandably demonstrate less enthusiasm and motivation, leading to low morale. This low morale may be contagious within the workforce, even in your healthy employees.
• Depending on the sector, employees who are unwell are more likely to have workplace accidents, putting themselves and others at risk.
• Presenteeism means that employees aren’t giving their full commitment to their work, and therefore will not progress and develop, which may lead to further demotivation and disengagement.
• The quality of work produced is less likely to be as high as it might otherwise be, if the employee was healthy. This may have a knock-on effect on colleagues, for example causing frustration, or blockages and delays in systems and processes.

What can you do about it in your business?

Leaders need to be proactive in changing the narrative about the behaviours that are valued in their business. They need to move away from a ‘bums on seats’ approach (i.e. presenteeism), and instead focus on outputs and achievements. One of the first things they can do is lead by example. Create those work and home time boundaries. For example, only respond to emails during working hours, or as close as you can get (unless it’s business critical). Encourage employees to leave work, or if remote, switch off at the end of their contracted hours.

Tips to reduce presenteeism

• Find out why people are behaving this way, either through focus groups or an anonymous survey, and find out about their concerns around taking time off ill, and blurred work / home boundaries.
• Look at your sickness absence policy. Will employees suffer significantly financially every time they take a day off sick?  Do you have a fair sickness absence review policy which is consistent, reasonable and supportive?  And if you make changes to your policy, ensure these changes are communicated. Create clear messaging that supports taking time off if it’s needed, so people can fully recover and then return to work.
• Consider what you could do to promote a healthy working environment that supports mental and physical wellbeing.  For example discounted gym membership, walking meetings, cycle to work schemes, wellbeing apps, mental health first aiders and training for all employees.
• If you use zero hours contracts, consider if this is a factor. Review your resourcing model to establish if you could reduce these and create more stability for your workforce.
• Improve manager / staff communication, so that managers are familiar with their employees and have positive working relationships. Employees may then feel the can share any health concerns with confidence, and managers will spot warning signs of any health or wellness issues.

If you’ve noticed your employees seem to be working when they are clearly unwell, and you want to find out why, or need support to change those habits, get in touch.

The post-Covid ‘Great Resignation’ has received a lot of coverage, as employees re-evaluate their priorities decide to make life-changes.   Employers are definitely experiencing challenges in hiring, due to low unemployment rates and high inflationary pressures. Undoubtedly the impact of Brexit is in the mix, adding to the difficulties in certain sectors.

Earlier this year, the FT reported that in Q1 2022 UK unemployment rates fell to their lowest in nearly half a century.  In August 2022 People Management reported that the number of job vacancies rose to a new high of 1.85m in the last week of July 2022.  We are now experiencing much higher rates of inflation, with the Consumer Price Index exceeding 10% in July 2022. This increased inflation is putting pressure on employers to increase wages.

With inflationary pressures affecting employees and employers alike, many employers are undoubtedly feeling the ‘squeeze’. Their challenge is to balance the organisation’s need to retain and recruit talent in a competitive market, with the increasing demand for high salaries.

People Management also reported in July 2022 that 80% of employers are hiring for ‘potential’ skills and capabilities, with a view to developing their own talent.  In order to address the skills shortage, maintain low attrition rates and ensure the organisation’s capability is developed, 60% of employers are providing employees with learning resources to support organisational capability. Employers are having to take a more creative approach to retaining and attracting talent. It’s no longer feasible to rely on the draw of a high basic salary, to ensure the organisation’s costs don’t escalate.

What are the practical steps employers can take to aid retention and resourcing?

There’s no one panacea, as organisations in different markets will experience the current climate in different ways. But a good place to start is for leaders to ask themselves 10 challenging questions:

1. Do you have leaders who motivate and inspire their teams and lead with compassion?
2. How capable and effective are your people managers at managing in the Post-Covid era of hybrid working?
3. How healthy is your organisation’s culture?
4. Are benefits aligned with employee priorities, and do you know what your people value?
5. Can you offer career progression and development opportunities?
6. Does the organisation have a sense of community, where employees are truly invested and engaged in the organisation?
7. Is good performance rewarded with valued benefits?
8. Do you have a long-term talent strategy, for example a pipeline through relationships with education establishments, or apprenticeships?
9. Are your recruitment processes efficient and effective, and do good candidates ‘disappear’ during the process?
10. How successful are your new hires and what are the retention rates during the first six-12 months?

Once you have answered these questions, you may be able to identify areas of focus. These areas can then help you to develop a retention and attraction action plan for the short and long-term.

If you’re finding the current labour market challenging, or if you’re experiencing the ‘Great Resignation’ first hand in your business, get in touch with Helpful HR.

I’ve come across several situations where a team, or individual members of a team, are suffering with low morale and poor performance. They’re on a downward spiral as not enough care and attention has been paid to the management of that team and the individuals within it.

Some managers genuinely think their Human Resources department are there to line manage each employee in the business. They don’t feel HR is part of their role and concentrate on providing functional business leadership.

Managing people as well as a function is not easy. As a manager you have several things to think about and probably several people, all with different needs and abilities. The role of HR is to help and guide managers through this aspect of their role and it’s a constant learning curve.

Top tips for successful management

I’ve come up with some ‘top tips’ for managers to help them flourish as a truly good manager:

GET TO KNOW YOUR TEAM.   You may think you know them, but have you spent any quality 1-1 time with them?Do you really know who they are, what they do, what they want to do and what they think of what they do? Regular 1-1s are invaluable and should be in the diary at least monthly.

ADAPT YOUR STYLE.   Remember that as the manager it’s your responsibility to adapt your management style to get the best out of your team. It’s not their job to adapt to you.

MANAGE PERFORMANCE.   Make sure you ask people in your team what they think of their performance. Ensure  you discuss and agree with them what their specific objectives are, and when they are expected to achieve them.

COMMUNICATE.   Ensure you communicate any non-confidential management and financial information to your team. This can include any information you think is relevant, useful and of interest. No-one really complains about being given too much information.

CELEBRATE DIVERSITY.   Accept and ENJOY the fact that you have people in your team with different goals, skills, experience and beliefs. Provided you’re all working to the same departmental goals, it’s a benefit to have such diversity within the team, so draw on it.

PROVIDE CLARITY.   Ensure that everyone in your team knows what their role is, what the boundaries are, where they have authority and what you expect of them.

This isn’t a definitive list, but it should set you up for success as a manager. If this doesn’t work, or you have a more specific need then that’s what your manager is for, to provide you with guidance.

If you advice and support to grow and develop to become the best manager you can be, get in touch. We can’t do the job for you, but we can definitely help!