HR Guidance on Christmas/Office Parties – Do’s and Don’ts!!

With the festive season rapidly approaching, we know that many of our clients are shortly holding their Christmas/office parties.

Here is some Christmas party etiquette designed to ensure you navigate through the party unscathed, make the right impression and keep your dignity intact!

5 things you shouldn’t do

1. Talk shop all evening – it will bore people

2. Attempt to dance like David Brent
 
3. Dress inappropriately
 
4. Engage in unorthodox use of the office photocopier
 
5. Leave the party too soon, unless you have made a complete fool of yourself

 

5 things you should do

1. Remember that the only reason you are there is because you have a job – and you want to keep it
 
2. Attend – it's good to show you’re part of the team

3. Engage in some shameless chit chat. This is a good time to talk to a range of people and, of course, the boss. This could help you in the long term in terms of forging alliances, helping to get things done or just raising your profile

4. Drink in moderation. Remember that excessive drinking is the number one cause of office party 'incidents'.

5. Keep the conversation light and interesting, it’s Christmas and no one wants to talk about the global financial crisis or global warming!

We are always delighted to hear from you but January calls to Tamar HR can be particularly ‘lively’ following the Christmas party season. We hope you have a brilliant time at any office parties being held.

Shared Parental Leave

How will the new rules work?

It has now been confirmed that from April 2015, new mothers will be able to share leave arrangements with their partner to care for a new born child. In order to do this, new mothers will need to end their maternity leave early and will be able to convert the balance of that leave into shared parental leave (SPL). This will allow families much more flexibility to take leave from work in the early part of their child’s life.

Shared parental leave will allow eligible partners to be absent from work to care for a child for a maximum of 52 weeks. Whilst new mothers will still be entitled to two weeks off after giving birth, the remaining 50 weeks of paid maternity leave can be split between both parents in order to share the responsibilities for the upbringing of the child.

A couple will be able to take leave together, the mother could return to work and transfer the balance of her maternity leave to her partner or the couple could even take leave in turns during block periods, if their employer will agree to this. As an employer you will not be able to refuse leave, but you will be able to refuse discontinuous blocks of leave if they will not be suitable for the business. For instance if an employee requests two four week periods, you can insist that they are taken together as one eight week period to minimise disruption to your organisation.

New parents will need to be upfront with employers if they decide to opt in to SPL. They will need to inform their employer how they intend to use their leave and although this will not be binding, it should make employers initially aware of the situation. They will be required to give eight weeks’ notice to take specific periods of leave or make changes to previous arrangements. They will also only be entitled to make 3 requests for SPL or changes to the leave.

 Won’t this be confusing for employers?

There are notice periods built in so that employers can plan. The rules state that workers have to give a non-binding indication of when they expect to take their allocated leave when they initially inform their employer that they intend to take shared parental leave.

With any maternity and paternity leave, they will have to give notice at the end of the 15^th week before the expected week of child birth, or within seven days of a child being matched if they are adopting.

Within the 52-week period, workers will have to give at least eight weeks notice of the start date of their leave.

They will only be able to take three separate sets of leave, or make three changes to the dates they plan to do so, during the 52 weeks, unless otherwise agreed with their Employer.

 Keeping In Touch (KIT) Days
Each parent will be entitled to have up to 20 ‘Keeping in Touch Days’ whilst on shared parental leave and it’s important to note that this is in addition to the 10 KIT days that a new mother is entitled to during her maternity leave.

 Return to Work

Any employee returning to work after maternity, paternity, adoption and shared parental leave will have the right to return to the same job providing that the leave totals 26 weeks or less. This applies to workers that have taken leave in discontinuous blocks.

 Why is this happening?

The change is designed to‘challenge the old-fashioned assumption that women will always be the parent that stays at home’.

Deputy Prime Minister Nick Clegg said: “Women deserve the right to pursue their goals and not feel they have to choose between having a successful career or having a baby. They should be supported by their employers, rather than being made to feel less employable or under pressure to take unchallenging jobs.”

“It is already illegal to sack a woman because she is pregnant or on maternity leave, but we want to go further than that. We want to create a fairer society that gives parents the flexibility to choose how they share care for their child in the first year after birth.”

 Business Reaction to shared parental leave plans

There has been a mixed response from industry and business leaders to the Government proposals:

Mike Emmott, employee relations adviser at the CIPD, said the proposals will allow mothers and fathers “significant flexibility to come up with arrangements for shared parental leave that match their particular circumstances”.

Neil Carberry, director of employment and skills at the CBI, said: “We are pleased that the Government has listened to firms’ concerns about being able to plan effectively around parental leave”.

“Businesses want to support parents and need a workable and straightforward system so they can do so.”

Tim Thomas, head of employment and skills policy at the manufacturers’ organisation EEF, said: “Limiting the number of change requests, encouraging employees to give upfront notification of their leave plans and giving employers the option to ask for leave to be taken in a continuous block will ensure that shared parental leave works for both businesses and parents.”

“However, we are still concerned by proposals on the right to return to the same job, as employees’ roles can change frequently when companies need to make significant changes to their business.”

TUC general secretary Frances O’Grady said: “Unless it is backed up with better pay, many couples simply won’t be able to afford to take it. The Government’s own estimates suggest that just one in 20 dads would be able to afford to take shared parental leave if it was paid at the current statutory rate of just £137 per week.”

“By failing to give parents the right to return to the same job after six months, the Government has also missed an opportunity to prevent a constant source of pregnancy discrimination, where mums returning to work find that their job has changed.”

“The proposal will create confusion for employers and be a source of anxiety for women who decide to take more than six months of pregnancy leave.”

The Tamar HR View

We look forward to receiving further detail about these proposals so that we can help clients plan and implement the changes in 2015. Further information is due to be published in early 2014 and we can then begin thinking in more detail about how these changes will be implemented in your company.

In our experience working with clients, there is already a progressive and positive range of practice to support working parents with their caring responsibilities outside of work. This enables business to retain essential skills and talent which might otherwise be lost if such flexibility did not exist. Of course, any system needs to carefully balance the needs of the working parents with that of the wider business.

We believe the early ‘up front’ notification requirements are a positive step so that businesses can plan in plenty of time for Shared Parental Leave requests. Limiting the number of change requests, and requiring any leave to be taken in continuous blocks should assist employers in covering for workers who are absent, having exercised their right to take Shared Parental Leave.

If you would like to know more about shared parental leave, please don’t hesitate to contact one of the team here at Tamar HR.

Employment Law Update

As we are rapidly speeding through 2014 we are looking forward at Law changes expected in 2015

Parental Leave

The right to unpaid parental leave will be extended to parents of any child under the age of 18 years. Currently this leave can only be taken up to a child’s 5^th birthday unless a child has a disability.

Surrogate parents eligible for adoption leave.

Currently the law does not allow intended parents in a surrogacy arrangement the right to adoption leave or pay but they may qualify for parental leave. It does however permit that the surrogate, full maternity leave and pay as according to UK law what a mother does after a child is born has no impact on her right to maternity leave. 

In 2015 the law is due to change and provided they meet the criteria, intended parents who have a child through surrogacy will be entitled to paternity leave and pay, adoption leave and pay and shared parental leave and pay. Furthermore both intended parents will be allowed to take unpaid time off to attend 2 antenatal classes with the woman carrying the child.

School leave age rises to 18

During 2015 the school leave age will rise to 18. Children born on or after 1 September 1997 can leave school on the last Friday in June as long as they are 16 by the end of that year’s summer school holiday but will have to stay in some form of education or training until their 18^th Birthday.

The options are:

• full-time education - e.g. at a school or college
• an apprenticeship or traineeship
• part-time education or training - as well as being employed, self-employed or volunteering for 20 hours or more a week

All of the above updates are subject to change, please speak to a member of the Tamar HR team to discuss any updates that might affect your business.

Notifying Unsuccessful Candidates & the Importance of Providing Feedback

Providing Applicant Feedback

Once applications have been shortlisted and the selected candidates have been invited to interview the next step is to inform unsuccessful candidates that their applications will not be progressed.

Unsuccessful applicants can challenge the basis for their applications being rejected. Only objective criteria should be used to assess the applications using job related criterion which clearly demonstrates why certain individuals were not shortlisted.

It is good practice to provide feedback to candidates and there are benefits to doing so, however there is no legal obligation to tell an applicant why they have been rejected for a role. It is good practice to provide honest and constructive feedback to candidates. Any information may be sought informally or retrieved via the questionnaire procedure provided for under the Equality Act 2010.

 

The Importance of Providing Feedback

It is important for businesses to evaluate their recruitment process, both for the successful and unsuccessful candidates. Candidates may go ‘the extra mile’ to participate in the process, such as taking annual leave to attend an interview and also incurring travel costs, but ultimately end up being unsuccessful. A professional and courteous approach can enhance the reputation as an employer. In many cases providing valuable feedback will be seen as a return on the time invested by the candidate. There are clear business advantages to provide feedback, it is not only a good PR opportunity but also objectively justifying a decision to not appoint someone reduces the risk that decisions will be challenged.

The value in the feedback comes from the individual’s own ideas about how they are perceived and how they are actually perceived in an interview and closing the gap between the two. One of the key aspects of the feedback is providing a detailed assessment of the candidates performance, drawing on any notes and records from the selection process.

Feedback should be provided as soon as reasonably possible while the process is still fresh in everyone’s mind, keeping candidates waiting should be avoided.

Content

The feedback itself should be constructive, objective and balanced. Praise is just as important as constructive criticism as it enforces good behaviours. It is important to establish what quantifies as helpful feedback and what doesn’t, for example ‘when people were talking to you, you interrupted several times, which gave the impression that you weren’t listening’, is constructive feedback, whilst on the other hand ‘ you were rude and did not listen to others’ does not explain things adequately.

In some cases, the applicant may have met all of the essential criteria for the role and could have been appointed, but another applicant had more relevant strengths or experience. In these circumstances it is suitable to explain that ‘although you did meet the essential criteria for the post, on this occasion another applicant demonstrated a higher level of skills/knowledge/experience than was required’. In these situations it is best to be open and transparent and detail the reasons why they were not offered the role.

Following the feedback, always finish by thanking an applicant for their interest in the role and that being unsuccessful on this occasion should not deter them from applying for other suitable positions that may arise.

Feedback should:

·       Be related directly to the selection criteria, and in what aspects the candidate did not match it.

·       Include supporting information – if the candidate has provided statements without any supporting evidence to back this up then you may want to highlight this to them.

·       Be specific rather than general –provide examples – only use evidence gathered during the selection process (application form/interviews answers)

·       Be focused on the behaviours which the applicant can actively improve on.

·       Be focussed and clear about the main reasons for non selection

·       Ensure the applicant understands the feedback by asking questions.

·       Be sensitively delivered – pick out strengths and areas for development, alternating between points so you are not focusing on delivering just negative news for too long.

·       Be backed up by the selection records such as the sifting matrix and interview records.

How to contact

It's never easy breaking the news to a candidate that they haven’t been successful but the aim is to make the process as constructive as possible. Wherever possible, direct feedback over the phone should be provided. This reinforces the personable nature of the business and that all candidates are treated equally. Other methods can be email, or post. The application stage is the most appropriate for notifying candidates via email as you may have a high volume of interested candidates and individually replying to all of them is time consuming and inefficient.

However, those that have attended interviews should receive more detailed feedback wherever possible, and notifying via a mass email can be seen as being impersonal and discourteous. Sometimes you may need to use email or a letter to notify candidates that have not reached the interview stage in the interest of efficiency. At the very least be sure to reference the person by their name and it is also good practice to offer a contact number so they are able to contact you to obtain feedback

Candidates tend to prefer to be notified or given feedback through a phone call as this will give them the opportunity to ask questions and it will feel much more personal and helpful from the candidate’s point of view.

7 Ways to Improve Staff Retention

1) Recruit the right people

Staff management starts at the recruitment stage. It’s important to develop robust recruitment systems to ensure that you are employing the right people and selecting the best match against the job criteria you have defined. Potential candidates need to be given a realistic idea of what the job will entails to avoid surprises once they start and expectations should be managed from the moment an applicant reviews your advert. References are also an  indicator of the abilities and character of your new employee, so it is good practie  follow these through to highlight any concerns at the earliest opportunity.

2) Effective policies and procedures

Effective policies and procedures are the foundations for any employment relationship. Staff will need to understand company standards and what is expected of them in their day to day working life. Your team will want to know that your policies are in place and enforced if they are to respect and follow them. Make sure that your team understand how you deal with disagreements in the workplace and make them aware that issues will be dealt with promptly and in a fair manner.

3) Develop your team

Why do people leave? On a whim? Probably not. Employees may decide to leave for all different types of reasons.  Sometimes it may be that they feel that they are no longer developing their skills and see no long term future from them within the business. Develop your team and they can help develop your business. Spending time on meaningful job conversations to understand what drives your employees and how to can get the best out of them can help to boost morale and retention.

4) Spend a day in their shoes

Senior managers in many businesses routinely spend a day ‘on the shop floor’ and this can have a number of benefits.   Engaging with staff and listening to the views of those ‘on the front line’ can help to develop understanding of their roles and the day to day challenges and opportunities which are presented.   

5) Empower your team

People like to feel valued. Create an environment that aims to have continuous improvement practiced by staff at all levels of the organisation. Creating the conditions which enable individuals to take ownership of their roles, be creative and put forward ideas will hopefully lead to improved productivity for the business. Engaged and motivated staff are likely to feel more confident in asking questions and challenging their peers in a positive manner.

6) Find out why staff leave

Obtaining feedback from ‘exit interviews’ can be a good way to understand the reasons why employees wish to leave.   If you understand the reason people decide to move on, it may help you to identify ways that you can retain your talented staff.  There may be things you can learn from these discussions which can help the business moving forward.

7) Learn from mistakes

As with anything in life, mistakes can happen. Rather than looking at a mistake as a bad thing, think about what you can learn from it and what you can do to ensure that the same situation does not happen again. If you find that there is a pattern behind the reasons employees are leaving, it is important to analyse this to see what can be learnt.  Understanding the reasons will help you to put improved systems and processes in place which reduce staff turnover and improve retention. 

The Right to Request Flexible Working

What is flexible working?

 

Flexibility in the workplace is about developing modern working practices to fit the needs of the business and their employees. Both employers and employees can gain from flexible working opportunities as both parties have the flexibility to organise their working arrangements in a way that suits them.

 

This can enable business to adapt to changing conditions and individual employees to better balance their work and family life. For businesses, flexible working can help retain staff – and holding onto experienced and skilled staff is important in maintaining quality and controlling costs. Offering flexible hours widens the talent pool, so employers should be able to recruit people with more skills; it can also increase commitment and loyalty of staff members. This can in turn translate into improved productivity and by extension improved profitability. For employees, flexible working allows them to better balance their home life with their responsibilities at work. In today’s society, both men and women want to find a balance between work, family and caring responsibilities which are shared more equally than ever before.

What are the different types of flexible working?

Part-time working – Some staff may choose to work a reduced number of hours, for example to balance caring responsibilities they may have outside of work

Flexi-time– Although certain staff members may be required to work onsite at core times for your business, there may be some flexibility in how the overall hours under the contract are worked. 

Job-sharing– A job share arrangement involves employment of two people to share a work load that would normally be completed by one employee.

Working from home – With advances in modern technology , you may be able to  offer home working rather than require employees to attend the office every day.

Annualised hours – This is an agreed  number of hours to be worked annually under a contract of employment but with flexibility about the days and times that these hours are completed. Annualised hours are normally spread across a regular pattern of work during each year.  This does  provide flexibility to adjust the number of hours worked each week, for example when there is extra demand on your business.

 

Who can apply for flexible working?

 

Currently flexible working requests are limited to employees that have parental or caring responsibilities and meet the following criteria:

 

·         Have a child that is 16 or under or a disabled child that is under 18.

 

·         Are caring for an adult that is a partner, relative or lives at the same address as them.

 

·         Have worked for the company for 26 weeks continuously at the time of application.

 

·         Has not made another application for flexible working in the past 12 months.

 

What changes are being introduced in Spring 2014?

The proposed in the Spring 2014 aim to extend the right to request flexible working to all employees. Businesses will need to follow a fair process when considering requests for flexible working, in order to avoid decisions being challenged and potential claims of discrimination being made by the employee.

Do I have to agree to flexible working if I receive a request?

 

At present employers have a statutory duty to consider any application they are presented with as long as the employee meets the criteria mentioned above. A meeting must be arranged within 28 days of the request being received and a decision within 14 days of the meeting to meet the statutory requirements. The new guidelines state that employers will have a duty to consider all requests in a ‘reasonable’ manner and within a ‘reasonable’ time frame. The reality of this means that when you receive a request, you will need to begin a similar procedure to demonstrate that a fair process has been completed and any decision is justified. You will have the discretion  to refuse requests on business grounds. The employee will  have the right to appeal if the request for flexible working is refused.

 

Will flexible working benefit our company?

Flexible working is not suitable for every business; however it is becoming more accessible for many companies with the range of modern technology that is being made available. The use of laptops, mobile phones, emails and web hosting has opened up a lot of opportunities. If managed effectively flexible working can have a positive effect on your team by boosting staff morale, increasing productivity and improving staff retention. It has also been known to reduce levels of sickness absence, which could ultimately save the business money in the long term.

If you require any further information on the upcoming changes to flexible working, please do not hesitate to contact a member of the Tamar HR team

Employment Law Update

April 2014

• Early conciliation to come into force

Anyone wishing to lodge a tribunal claim will need to notify ACAS first, where early conciliation will be offered. There will be a certain period for a settlement to be agreed before the claim can be considered by the Tribunal.

Spring 2014

• Flexible working

The right to request flexible working may be made available to all employees and the current statutory procedure for considering requests may be removed. Instead employers will have a duty to consider all requests in a reasonable manner.

§  Managing sickness absence

A health and work assessment and advisory service is to be introduced, offering fee occupational health assistance for employees, employers and GPs. The service can provide an occupational health assessment after four weeks of sickness absence.

2015

• Flexible parental leave

New parents will be able to choose how they share the care of their new born child for the first year after birth. New mothers will still have to take at least 2 weeks off after the birth but the rest of the leave can be shared by both parents as ‘shared parental leave’ (SPL), if they meet certain criteria with their employment.

• Parental leave extended to children aged 18

The right for employees to take unpaid parental leave will be extended to parents of any child under the age of 18 years.

• Surrogate parents will be eligible for adoption leave

Provided employees meet the eligibility criteria, parents who have a child through surrogacy will be permitted to take adoption leave and pay and also shared parental leave and pay.

• The school leaving age will rise to 18 years
 

 

All of the above updates are subject to change; please speak to a member of the Tamar HR team to discuss any updates that might affect your business.