Blue Tree HR, Author at Blue Tree HR Solutions

Do you have a Bully in your work place?

Posted on April 16, 2018 by Blue Tree HR

Bullying… It’s talked about a lot, but generally it is regarding school and school children.
However, bullying is a big issue in the workplace, it can cause a lot of stress for all involved and a real headache for the manager or employer trying to deal with the problem.
There is evidence that the incidence of workplace bullying is rising, mainly due to changes in working practices and increased economic pressures.
Bullying can have a significant impact on the victim’s mental and physical health, leading to increased sickness absence and lower productivity. It can also have a negative effect on morale and may cause the employee to resign.
Everyone is encouraged to speak up about bullying and policies generally say that bullying will not be tolerated.

BUT…In reality, what can be done about bullying in the work place – two adults, one feeling harassed by the other?
Most of the bullying is happening behind closed doors or covertly in some way.
It is difficult to discipline somebody where there is little or no evidence, and you need to be treating both of your employees fairly.

What you need to know:
1. Be aware that there are several legal and practical reasons why you should take proactive steps to deal with bullying and harassment in the workplace.
o Employers are liable for acts of harassment carried out by their employees ‘in the course of employment’, regardless of whether the employer knew or approved of an employee’s actions.
o Where the act of harassment is closely connected with the employment relationship, there may also be a civil claim for damages against the harasser and the employer.
2. Familiarise yourself with the definitions of harassment.
o ACAS defines workplace bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the person being bullied”.
o The Health and Safety Executive stresses that bullying is a pattern of behaviour rather than isolated instances, and states that it “involves negative behaviour being targeted at an individual, or individuals, repeatedly and persistently over time”.
3. Ensure you have a Bullying and Harassment policy and that the policy is well-communicated throughout the workplace.
o An anti-bullying policy is of little value unless the organisation communicates its existence and contents effectively to employees at all levels.
4. Follow the company disciplinary procedure if it appears that bullying or harassment may have taken place.
5. Be consistent in the way that you handle complaints of bullying or harassment.

Preventative measures
Anti-bullying measures should focus on prevention, which requires everyone in the organisation to be committed to creating a culture of dignity and respect.
There is evidence that bullying is less likely to occur in an environment where employees feel that the organisation listens to and values their views. Employers could create this culture by: conducting regular employee engagement surveys on various aspects of the workplace culture and environment.
Employers should involve all stakeholders in creating a positive organisational culture and devising and agreeing an anti-bullying policy, including senior managers, line managers, trade unions and other staff representatives, HR, health and safety and occupational health professionals.
The organisation should ensure that the principle of dignity at work and a zero-tolerance culture towards bullying are built into other systems, for example performance management and grievance and disciplinary policies.

Advice to anyone being bullied.
People who feel that they are being bullied should try the formula “confront, record, inform”, before using a more formal procedure:
• Confront: The employee should tell the person who is bullying him or her how he or she feels. The employee should put it in writing if necessary so that he or she can say what he or she wants to say without getting emotional, and so that the bully cannot later say that he or she did not know how the victim felt.
• Record: The employee should keep a diary of the bullying behaviour, including details of incidents, names (including witnesses’ names), dates and how it made the employee feel.
• Inform: If the bullying continues, the employee should speak to someone he or she trusts about it. This will most likely be the line manager, unless, of course, it is the line manager who is the bully, in which case employees should know that they can talk to someone else, for example a designated person in HR, a trade union official or an occupational health professional.

Advice to Employers
Firstly, follow your policy.
The employer should ask:
Is the behaviour excessive, for example in tone or frequency?
Are certain individuals singled out?
Is it broadly fair or without justification or a sense of proportion?
Does the behaviour seem motivated by passion, or by a desire to demonstrate superiority and power?
The manager should advise the complainant to keep evidence of any further incidents that occur, and not to be afraid to make further complaints if necessary.
Following resolution, the manager should meet with the parties from time to time, to minimise the risk of further and long-term damage to individual and team relationships, avoiding the need for management time to be spent on more formal procedures further down the line.
Where the manager cannot resolve the conflict, the organisation may be able to ensure that the parties have less contact in a way that is acceptable to both and does not blame or punish either.
It is vital for the organisation not to “sweep it under the carpet” and allow problems to escalate or fester. Bullying is a serious accusation and as outlined above can have serious consequences if not managed correctly.

If you need help and advice on this or any other HR query – please get in touch on 01787 695084 or email melanie@bluetreehr.uk

Being the Boss at the Party

Posted on December 6, 2017 by Blue Tree HR

You’ve had a busy year at your workplace and it is nearly Christmas – you have laid on a Christmas party for your employees, one of those ones where you attend a dinner and dance, there are other businesses there too. You are feeling pretty pleased with yourself, treating your staff and their partners to a 3-course meal and a tab at the bar.
You’ve been having a stressful time lately, with so many problems in production, some staff issues and constant cashflow worries, tonight you really want to chill out and relax, and you deserve it, well done you.

But Oh No…

It looks like Mike has already drunk too much and you just heard him order another triple brandy at the bar. Susan and Anna have just had a blazing argument, and Susan has walked out.
You decide to turn a blind eye, let’s face it they need to let their hair down too, and it’s they are not at work now.
You decide to go to the dance floor and have a boogie with some of the team, it’s always fun seeing people outside of work, the ladies all dressed up, hair and makeup different to usual, the men who after a few beers are using their new found drunken confidence, taking the opportunity to have a little flirt and a dance with the ladies, whilst wearing their best Christmas socks and a party hat.
It seems they are making the most of the party atmosphere. You let your hair down and start to do some of your ‘special’ dance moves and then realise you are being filmed on somebody’s phone, apparently it’s hilarious to see the boss dance. No doubt this will be on social media before the night is over, you feel self-conscious, so you go back to your seat.
You sit, and people watch for a while, your staff are doing the conga and YMCA, they are having fun, and it seems like it is a great success.
But now what?
Karen was dancing on the table and has fallen over and hurt herself – is there anyone sober to take her to A&E? You take the initiative to call her a taxi, luckily Jo, has volunteered to go with her, although part of you wished you could leave too.

And then…

The bar staff come and tell you that the tab at the bar has been used, do you want to add more money, and, extra payment is needed for a cleaner as apparently Jason has been sick and made a mess in the lobby.
This isn’t fun, why bother?
It seems that the Christmas party is an event inviting inappropriate behaviour, unwanted advances, discrimination and misconduct. Maybe it is better not to go to the effort?
The truth is there are benefits: Firstly, it’s an opportunity to show employees your appreciation for their hard work throughout the year, and it’s the chance for your team to let their hair down and celebrate their achievements.
It can also be a place where new friends are made as people get the chance to mix socially with others outside their usual departments.
And with careful planning and consideration – the problems listed above can be avoided and the bosses can enjoy themselves at parties too!

How to prepare.

To start with, make sure everyone is invited, this includes staff on holiday, long-term sick or maternity. It’s so important to make sure everyone feels included in the celebrations, so they feel appreciated.
Before the Xmas party, make sure you’ve considered all of your staff. What about those who don’t celebrate Christmas, some religions and faiths do not allow the consumption of alcohol or certain foods, so make sure alternatives are made available.
Let the staff know that the party will be an extension of the workplace. Something as simple as this may help some to differentiate between the office party and their usual Saturday night out! Establish the ground rules with a policy for work social events, you want everyone to have fun but not to cause a pile of problems for the following work days.
It’s at the party, when the drinks are flowing, where issues are most likely to occur. Inappropriate behaviour, banter that’s taken too far and even gross misconduct and sexual harassment cases can give you a real headache the next working day. If any situations arise, remember that the Christmas party is an extension of the workplace, so you have every right to investigate and take action.
Social media can be an excellent way of demonstrating your company’s amazing culture by sharing photos and updates from your party. On the flip side, it’s important to have control over what is shared. Inappropriate photos can damage your reputation. Also, some employees may have grievances with their embarrassing photos being shared online. Ensuring you have a carefully considered social media policy in your business will protect yourself and your staff.
It’s not too late to prepare if you have Christmas parties coming up. If you need help and advice on this or any other HR query, including expert HR advice for small businesses – please get in touch on 01787 695084 or email melanie@bluetreehr.uk
We’ve all heard stories of things that ‘go on’ at the office party, we hope you have a fun staff party without the stress and wish you a Merry Christmas from Blue tree HR Solutions.

Are your staff self-employed? Or not? Find out here…

Posted on October 27, 2017June 19, 2023 by Blue Tree HR

There are many businesses that use self-employed contractors instead of employing staff. And who can blame them when they can avoid the minefield otherwise known as Employment Law! Also, side-stepping having to commit to the regular provision of work, pensions, holiday pay and sick pay.

If only it were that easy…..

Unless you set clear boundaries and manage the contractors effectively they can cause problems for your business or even make allegations that they were in fact employed and make a claim via employment tribunals.

Employed

Works part-time or full-time under a contract of employment and the company pays their salary. They are expected to comply with company rules and can be managed through a disciplinary process. Employees have recognized rights and duties. Employers have many commitments including, provision and contribution to an auto-enrolment pension, paid holiday and notice periods.

Self-employed

A self-employed person will run their own business and take responsibility for the success of their business. Self-employed people are more likely to be contracted to provide a service for a client. They will not be paid through PAYE and don’t have the same employment rights and responsibilities as employees or workers. They are not entitled to holiday pay, paternity or maternity leave, pension provision etc.

A self-employed person still has protection for their health and safety on a client’s premises, in some cases, will be protected against discrimination and will have their rights and responsibilities set out in the terms of the contract with their client.

The key is sticking to the agreement and following the guidance set out by HMRC.

Below are indicators of what is self-employment to check the status of self-employed individuals.

Self-Employed:

should exercise independent control and judgement over how the work is carried out
would normally work for a number of people
have professional indemnity insurance
It should be possible to make a loss
have the right to appoint a substitute and are not necessarily required to carry out work personally
can decide whether to accept offers of work or not, this, of course, leads to them having the option to determine their own working hours
normally have to correct faulty work at own cost and time
provide their own materials and equipment

Ideally, a business should be able to tick yes to the majority of the points, if not maybe it is time to think about how to clearly define the self-employed status.

If you are asking self-employed workers to attend staff meetings, be at work at a certain time, wear a particular uniform, sell a specific brand of product, charge a certain price, have performance reviews or disciplinary meetings – you should have a rethink.

Research by Citizens Advice has suggested that as many as 460,000 people in the UK could be falsely classified as self-employed, costing up to £314m a year in lost tax and employer national insurance contributions.

Following the recent landmark case where a tribunal ruled that Uber drivers were not self-employed, this has become a hot topic and the government launched a recent inquiry which will look at the status and rights of agency and casual workers and the self-employed for the purposes of tax, benefits and employment law, and how to protect them.

The reasons why Uber drivers are not self-employed:

The company claimed the drivers’ made a contract with the passenger and the company was merely their agent, but this didn’t reflect the reality of the situation—the passenger booked through the company and the driver accepted the booking
Uber interviewed drivers to assess their suitability which looks like recruitment
Uber retains the passengers’ names, addresses, and contact details and takes their money
Effectively drivers had to accept trips
Uber set the route for the driver to follow
Uber fixed the fare
Uber rated the performance of their drivers
Uber handled complaints against drivers and rebate

Penalties

If the contractor works purely for the same company over a period of time they may gain ‘worker’ or even ’employee’ status in the eyes of an employment tribunal. Claims are often made by contractors who have missed out on a redundancy payment or who feel they are entitled to holiday pay. If a claim is submitted for a redundancy payment it is likely to be accompanied by a claim for unfair dismissal. There is, surprisingly, little financial risk to the contractor in making a claim in the employment tribunals.

Summary

Ascertaining whether a worker is an employee or self-employed is not as simple as looking at the label the parties have attached to the relationship.

Employment tribunals will look at the realities of the relationship as a whole, considering a range of factors and making a balanced decision.

The importance of ascertaining employment status cannot be under-estimated, because there is so much at stake for the employer who tries to deny his worker’s statutory employment law rights.

It is unlawful for the employer to privately agree with his employee that the statutory rights will not apply. The only exceptions are where there is an ACAS-approved COT 3 form signed or where the employee has signed a properly drafted Settlement Agreement after having received independent legal advice.

Having self-employed workers is a perfect solution in many industries and we have experience with various employers who have self-employed contractors, for example, hairdressers, beauticians, mortgage advisers and airlines hiring self-employed pilots. And when managed correctly the arrangement works well for both parties, and everyone can benefit.

Please get in touch if you have any queries regarding self-employed people in your workplace, or if you have any other queries relating to expert HR advice for small businesses.

Working with an apprentice…. What you need to know

Posted on September 8, 2017June 20, 2023 by Blue Tree HR

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As well as providing quality HR services and solutions, we at Blue Tree HR Solutions also provide insight into matters that may affect your business. In this blog, we take a look at apprenticeships.

With 16-year-olds now legally required to stay in some form of education until they are 18, and with the introduction of the Apprenticeship Levy, apprenticeship schemes are a popular choice for young people and business owners alike.

So, what do you need to consider?

Training
Contracts of employment
Salary
Employment law
Managing expectations

There are many apprenticeship scheme providers who will support businesses with the provision of training – these ensure you have the apprentice attending relevant training and will achieve a registered qualification. So, having that part sorted – what do you need to do in the workplace?

Contracts of employment

All employees should have a contract of employment and apprentices will require a specific apprentice contract. This will state all the terms of employment as well as your expectations of them during their training course.

An apprenticeship contract is generally a temporary contract – the time depends on the course provided and the qualification being achieved.

Salary

The current minimum wage rate in the UK for an apprentice is £3.70 per hour (2018), increasing to £3.90 (April 2019), this is the legal minimum. This rate applies to apprentices under 19 and those aged 19 or over who are in their first year. Apprentices must be paid at least the minimum wage rate for their age if they are an apprentice aged 19 or over and have completed their first year.

However, you will need to consider if you are paying them correctly to avoid failing to meet the minimum wage requirements.

Any overtime will need to be paid
Travel time to a different place of work will need to be covered i.e. If you are a mobile business such as a videographer or care worker.

Employment law regarding Young Persons (Under 18)

Making sure you avoid infringement of employment law is vital. One set of regulations that is quite different for young people is the Working Time Directive:

Young people must not work for more than eight hours a day and 40 hours each week.
Generally, night work is not allowed for young people.
Legally require rest breaks and rest periods must be granted.

With regards to health and safety, a risk assessment will be required to decide whether additional steps need to be taken to control the risks to young people and regulations specifically state that you must not employ a young person for certain types of hazardous work.

Managing Expectations

Having just taken on your apprentice – this person who has recently left school and has very limited work experience – how do you progress to a good working relationship with a valued member of staff who can be trusted and relied upon?

Firstly – be prepared for their first days and make a plan for their induction period. Who will they work with, report to, what do they need to do, follow? Make a good first impression with your new staff and you will reap benefits.

Make sure they know exactly what you need them to do and how you want them to do it.

The key is having regular catch-up meetings and reviewing your apprentices’ progress throughout their employment. Providing regular feedback is imperative. Generation Zers (under 22-year-olds) have grown up in a world with constant feedback, star charts and reports. For them to know what you expect and having feedback is fundamental to forming a good working relationship.

Why bother?

Employers have to invest a lot of time and money in apprenticeship programmes, the good news is – when done correctly it will provide a positive impact.

Having apprentices is a great way to grow your team while keeping staff costs down and the training providers help you with the entire process this includes recruiting an apprentice, customising a training programme and accessing funding.

Also, it’s a great way to provide your team with new skills and energy at the same time as giving a young person a career opportunity.

Please get in touch if you have any questions regarding managing young people in the workplace, or have any other queries that could benefit from expert HR advice for small businesses. As the best freelance HR consultant Essex can offer, we also specialise in ad hoc HR and retained HR support for small businesses.

Drawing a line in the Sand – Managing Employee behaviour in the workplace

Posted on May 11, 2017June 20, 2023 by Blue Tree HR

As the best freelance HR consultant Essex can offer you, delivering expert HR advice for small businesses, I often hear of a common problem in many businesses: Employees ignoring the rules and consequently, this becoming the accepted norm. Situations where before you know it everyone has a complete disregard for an established rule. Managers want to know, how do you deal with this kind of problem?

Every workplace has its own basic work rules. Simple rules are in place, such as – no phones in the office or all expense forms must be in by the end of the month. It seems that managers often find it easier to deal with the ‘bigger issues’, probably as these are deemed to be more important and turn a blind eye to the smaller rules as they don’t seem to be significant.

All it takes is one person to get away with disrespect for the rules. Then the next day somebody else will give it a try and if the manager/supervisor says nothing then it seems accepted. Before you know it, you have everyone thinking this is OK and the manager is thinking – “they’ve been doing it for so long now, I don’t know how to deal with it”.

Sometimes rules get relaxed when times aren’t busy i.e. looking on social media, or maybe the kitchen was out of action so everyone sat at their desks to eat. This then becomes a habit and is tolerated. It can appear to be nit-picking to deal with these issues, but in my experience managers can find the little things like these are frustrating.

Clearly, in these situations, it is always best to nip it in the bud. For example, if somebody doesn’t follow the rules then the manager should address it with a quiet word in their ear and hopefully, that will be the end of it. But when you have everyone sitting at their desks eating their lunch again with a sign on the wall saying ‘NO Food in the Office’. Today you say something, when it has been ignored previously, people will probably assume you are ‘having a bad day’!

This is where your management skills and the HR policy that is collecting dust in the corner come in handy!

It’s time to ‘draw a line in the sand’. Firstly remind everyone of the rules, and show everyone the relevant policy if there is one. Tell them that from a set date this rule will be enforced. From the set date forward, anyone disobeying the rule will be dealt with accordingly. Make the consequences clear, for example, anyone leaving early will have pay deducted, or anyone handing their expenses form in late will not be reimbursed until the following month. In certain circumstances, the disciplinary policy will be necessary and anyone seen to be disobeying the rules after the set date will be dealt with through the documented process, and where necessary given a formal warning.

Say what you are going to do, then do what you say.

Managers must do what they say you have committed to doing. Follow through with the consequences, as promised. In most circumstances, you won’t have to do it more than a couple of times, as word will spread.

It may seem like you are managing children at times, but if you have a rule in place and you still want it to be respected then don’t be afraid to deal with it. The rule would have been put in place for a reason. If you are the manager it’s OK to tell staff how you expect them to perform/behave at work. As a manager, you are expected to take control and you will gain respect from staff if you are seen to take charge.

If the rule no longer seems relevant or is unnecessary, you may consider having a consultation with your staff. Maybe you can find a compromise that suits everyone. The main point is don’t let small problems fester and become a big irritation. For more on our expert HR advice for small businesses, including both ad hoc HR support and retained HR support, contact Blue Tree HR Solutions.

What’s with the Blue Tree???

Posted on December 8, 2016June 20, 2023 by Blue Tree HR

Why Blue Tree?

I am regularly asked, “What’s with the Blue Tree?” “Why is the company named Blue Tree?”

I suppose it is a bit like naming a child, in the respect that it is a very big decision and one that you and anyone involved have to live with.

There’s lots of advice out there, telling you how to choose a name. The main point I was told, a business name should be something easy to remember. I was once asked, “Don’t think of a Blue Tree.” Our brain works in such a way that I was then imagining one! So that was my first Blue Tree thought.

Thinking about an HR business – yes, it’s serious business and you want to promote a highly professional image, but what is HR really about? The part about Human Resources management that I think is most important is the growing, developing and nurturing of employees.

I went to an HR seminar run by the CIPD years ago, and there was a presentation that stuck with me. The HR head for Google was presenting and he said that his/their philosophy on the purpose of HR was

‘Find Them, Grow Them, Keep Them’.

Of course, he was talking about the people/employees who are the heart of any business.

This is all about the growth of a business – building a team, developing the team and then retaining them.

I wanted our business to symbolise growth and this made me think of a tree. Growing from small acorns or seeds into a possible massive proud structure which weathers many storms.

Blue is deemed to be nurturing colour and it is also my favourite colour!

At the end of the day, the company name is not important. It’s our professional service and ongoing commitment to providing good HR services to our clients, but it’s always good to hear the back story.

And so there we have it…. Blue Tree HR, offering expert HR advice for small businesses, was born!

Fast forward to today and we believe we are the best freelance HR consultant Essex can boast, offering an array of HR services and support, including ad hoc HR and retained HR support for small businesses!

Does the word ‘Holiday’ give you a headache?

Posted on June 13, 2016June 20, 2023 by Blue Tree HR

If yes, you will know the thing they are most precious about is their holiday, and rightly so. We all look forward to our days off, whether we are wanting to laze in the sun, take part in some kind of adventure, take time for hobbies or just sort the garden out. Spending time with our friends and loved ones, or even time away from people altogether is our reward for having to get up and go to work every day.

People have to meticulously plan their allocated 20-something days – juggling school holidays and saving time for poorly children, school sports days or possible household emergencies, family dramas, that Wednesday wedding, taking the pet to the vet etc…

You also have the ‘dedicated to the desk’ types, who get to the end of the year and have not used their compulsory 20 days, they are really needed for the next month, but you need them to take time off to comply with the Working Time Directive.

Registering annual leave requests, logging time taken, ensuring the whole team is not all out at once, requests for changes to already booked holidays, as well as the last minute requests, can be frustrating for managers and employers. That’s not including the dreaded holiday calculation for part-timers, all of this can be an administrative headache.

By offering expert HR advice for small businesses, Blue Tree HR Solutions can offer you a really easy answer to these and other Employee Admin problems. We provide companies with a cloud-based, online system, suitable for companies with 2-200 employees.

Staff can make holiday requests online to be authorised by their line manager. A team calendar shows who has already booked any holiday, employees and employers can easily keep track of holidays used and available. The system does all the calculations for you, as well as exporting to Excel and your Outlook Calendar.

This low-cost HR software system is vital for small businesses to be able to reduce the time spent on all HR admin and gives you time to focus on achieving your business goals. Leaving you enough time to perhaps take a holiday yourself?

We’re an accredited Partner of breatheHR and are able to provide a full range of services to support your implementation. Don’t worry though, it’s quick to set up, simple to use and loved by MDs, HR Managers and employees alike! For more information and a demonstration of how breatheHR will help you, contact our team.

Alternatively, for expert HR advice for small businesses, including ad hoc HR support and retained HR support, you can contact us here and one of our Blue Tree freelance HR consultants will be happy to help.[/vc_column_text][/vc_column][/vc_row]

Author: Blue Tree HR