Blue Tree HR Newsletter February 2025

Posted on February 11, 2025February 11, 2025 by Melanie

February 2025 News

HR Policy Checklist for 2025

I can’t stress enough how important policies are. They are your business’s instruction manual and ensure that you…

• Stay legally compliant
• Set clear expectations
• Act consistently and fairly
• Protect you and your business

And with the new laws that Labour are introducing, it’s vital to make sure you have the right policies in place.

Do you have the right policies in place for 2025?

The Chartered Institute of Personnel and Development (CIPD) provides comprehensive guidance on HR policies that UK businesses should consider implementing.

While some policies are legally required, others are recommended to promote best practices and align with organisational objectives.

Here are the policies you legally need to have:

Health and Safety Policy: This policy is mandatory for organisations with five or more employees and outlines the company’s commitment to maintaining a safe working environment.

Disciplinary and Dismissal Policy: Employers must have clear procedures for managing employee misconduct and performance issues.

Grievance Policy: A grievance policy provides a structured process for employees to raise concerns or complaints about workplace issues, ensuring that they are addressed promptly and fairly.

For a full list of policies you SHOULD have, please get in touch with us today.

Race Discrimination claim upheld

A recent tribunal ruling on race discrimination at a Norfolk hotel serves as a stark reminder of the importance of building a truly inclusive workplace.

Despite reporting incidents, management failed to investigate a staff member’s concerns about racist remarks adequately, leading to claims of institutional racism. This has resulted in legal repercussions and damage to the organisation’s reputation.

A robust anti-discrimination policy could have prevented this. Managers should also have received training on how to handle complaints appropriately and on how to foster a culture where employees feel respected and heard.

https://www.hrmagazine.co.uk/content/news/tribunal-backs-hotel-receptionists-race-discrimination-claim

The key to successful coaching

Coaching can be a transformative tool for personal and professional growth, but it only works when all parties are ready and willing to engage.

As Clare Norman highlights in this article, assessing “coachability” is critical. Employees must be open to change, think proactively, and prepare for the process. For small business owners, ensuring that coaching is the right fit at the right time can significantly improve outcomes.

If you’re considering coaching for your team, let’s discuss how to set the stage for success.

https://www.peoplemanagement.co.uk/article/1897260/why-coaching-works-parties-board

Sexual misconduct reports surpass malpractice disclosures

Research by whistleblowing platform, SafeCall, found that 70% of employees are likely to report sexual misconduct or bullying, compared to lower rates for issues like data misuse (56%) and unfair treatment (53%). It also found that younger workers are less likely to report misconduct than older colleagues.

This emphasises the need for clear reporting policies, transparent workplace cultures and leadership commitment, to encourage a safe environment for addressing all types of misconduct.

https://www.hrmagazine.co.uk/content/news/employees-more-likely-to-report-sexual-misconduct-than-malpractice

4 ways to make your employees LOVE working for you

Creating a workplace where people feel valued and motivated isn’t just good for your employees; it’s great for business, too!

Here are four key ways to build an environment where people love to work:

1️⃣ Recognise their efforts

A simple “thank you” or acknowledgement of a job well done can go a long way. Celebrate big and small wins to show appreciation for their hard work.

2️⃣ Develop growth opportunities

Provide clear paths for career development. Whether it’s training, mentorship or promotions, employees need to know that they can grow with you.

3️⃣ Prioritise work-life balance

Respect boundaries, offer flexibility and create policies that support mental and physical well-being. Happy employees are productive employees!

4️⃣ Show that you care

Take an interest in their well-being, both at work and outside of it. A little empathy and understanding can make a huge difference.

Get in touch if you would like to improve the performance and engagement of your employees.

Q&A

What should I do if an employee fails to attend a disciplinary hearing?

First, you should make reasonable efforts to reschedule. If the employee repeatedly fails to attend without a valid reason, you can make a decision based on the evidence you have available. Before deciding, you will need to consider company policy, the employee’s record, reasons for absence and medical opinions. It’s best to contact an expert for guidance. We can help.

Do apprentices have the same rights as employees?

Apprenticeships are a great way to get work experience while training and studying for qualifications. They have the same rights as those legally classed as employees. However, there is a separate National Minimum Wage rate for apprentices.

My employee has been sick for 4 days, do they need a fit note?

If someone is off sick for 7 calendar days or less (including weekends), they do not need a fit note. They can tell you they’re not well enough to work without medical evidence and should still be paid the amount of sick pay they’re entitled to.

Employment law changes in 2025: what every business needs to know

Posted on February 5, 2025March 5, 2025 by Blue Tree HR

To effectively navigate the evolving landscape of employment law changes in 2025 and mitigate potential legal and financial risks, businesses should take proactive measures to align with the upcoming changes this year. Now, let’s explore some of the key changes that businesses need to be aware of in 2025.

The right to disconnect law

With the potential implementation of a ‘Right to Disconnect’ law, employers should offer clear guidelines for after-hours communication, train managers to respect work-life boundaries and encourage employees to establish healthy communication limits. As part of the employment law changes in 2025, these adjustments will be crucial for compliance.

Expansion of flexible working rights

Employees are expected to have the right to request flexible working from day one of employment, rather than after six months. Employers will need to justify refusals with valid business reasons, making it necessary to review and update flexible working policies, train managers on handling requests fairly, and implement a transparent process for employees seeking flexible work arrangements. This is particularly relevant for businesses using ad hoc HR solutions, as they must ensure consistency in managing flexible working requests. Employment law changes in 2025 will put additional pressure on businesses to adapt their practices quickly.

Workplace harassment prevention requirements

New laws are being introduced to make employers more accountable for preventing workplace harassment, requiring businesses to take proactive steps to prevent sexual harassment and discrimination. This necessitates regular training sessions on harassment prevention, clear reporting and investigation procedures, and fostering a workplace culture where employees feel safe to speak up. Companies using retained HR services can benefit from ongoing support in implementing and maintaining these policies effectively, ensuring they remain compliant with employment law changes in 2025.

AI and employment regulations

With artificial intelligence playing an increasing role in recruitment, performance evaluations, and HR processes, new regulations will require businesses to ensure AI-driven decisions are fair and transparent. Employers must avoid discrimination in AI-based hiring and promotion decisions by reviewing AI tools used in recruitment, ensuring algorithms do not lead to biased hiring practices, and offering transparency to employees about how AI is used in decision-making. Staying informed on employment law changes in 2025 will be crucial for businesses looking to navigate this new frontier responsibly.

Extended protections for pregnant employees

The Pregnancy and Maternity Discrimination Protection Bill is expected to extend redundancy protection to cover pregnant employees from the moment they inform their employer of pregnancy to six months after returning to work. To remain compliant, businesses should update redundancy policies, provide training on fair redundancy processes, and ensure pregnant employees are informed of their rights. The employment law changes in 2025 will offer more robust protections, requiring employers to adapt quickly.

National minimum wage and statutory pay increases

As part of the government’s annual review, the national minimum wage is expected to rise again in April 2025. Additionally, statutory maternity, paternity, and sick pay rates will likely increase to align with inflation. Employers should budget for higher wage costs, review payroll systems to ensure compliance and inform employees of changes to statutory pay entitlements. With employment law changes in 2025 in mind, businesses need to stay on top of these updates to avoid penalties. Check the latest minimum wage rates for more information.

Stricter rules on employee monitoring

With remote and hybrid working becoming standard, stricter regulations on workplace surveillance and monitoring are expected. Employers must ensure that monitoring is justified, proportionate, and does not violate employees’ privacy rights. Conducting a privacy impact assessment before implementing monitoring tools, clearly communicating to employees what data is being collected and why, and ensuring compliance with GDPR and employment law changes in 2025 will be essential for businesses aiming to protect both their workforce and their legal standing.

How businesses can stay compliant

With employment law changes in 2025 continuously evolving, businesses must take a proactive approach to compliance. Reviewing policies, training staff, and staying informed about legal updates will help organisations navigate these changes smoothly and maintain a positive workplace environment. Engaging a freelance HR consultant can be a cost-effective way to ensure your business remains compliant without the need for a full-time HR team. At Blue Tree HR Solutions, our specialists can help businesses stay ahead of the curve regarding the evolving landscape of employment law changes in 2025.

Contact us for HR Advice about employment law changes in 2025

If you need expert HR advice on implementing these changes, Blue Tree HR Solutions is here to help, so feel free to contact us. Our retained HR and ad hoc HR consultancy services can provide tailored support to ensure your business remains compliant and ready for the future of work, particularly as employment law changes in 2025 unfold.

Blue Tree HR Newsletter January 2025

Posted on December 31, 2024December 31, 2024 by Melanie

January 2025 News

The employer's checklist for 2025

Happy New Year!

It’s 2025, and it’s time to make sure your house is in order.

We’ve created a new checklist that will guide you through the top 10 areas you should be looking at to get the very best out of your team and business this year.

Including legal compliance, HR technology and the entire employee life cycle.

Here are the top 10 areas you should be looking at:

1. Make sure you stay legally compliant
2. Leverage HR technology to save time and costs
3. Attract the best people with a great employer brand
4. Find the right people with a legally compliant recruitment process
5. Give new starters a great onboarding experience
6. Retain your team and keep them happy
7. Invest in your team’s performance and your company’s success
8. Say goodbye to employees in the right way
9. Avoid dodgy Glassdoor reviews
10. Get strategic support from an independent HR consultant

You will find the full checklist on our website.

https://bluetreehrsolutions.co.uk/the-employers-checklist-for-2025/

Brits will spend 25 years of their life looking at a screen…

Here’s a stat that might make you want to turn off your laptop and hide your phone: A study has found that Brits will spend a staggering 25 years (that’s 223,015 hours!) in front of their screens over their lifetime.

Excessive screen time can impact health and cause symptoms such as headaches, eyestrain and poor sleep. So, it’s no surprise that people are being warned to cut back. From setting screen-free boundaries to savouring phone-free social moments, it’s time to discover how to reclaim our time and well-being.

https://hrreview.co.uk/hr-news/future-of-work-hr-news/brits-set-to-spend-25-years-of-their-lives-working-on-screens/376383

Is alcohol abuse quietly undermining your workplace?

With 17 million days lost annually to alcohol-related sickness, it’s an issue no employer can afford to overlook. Whether it’s a casual tipple or excessive consumption, some employees, especially those in high-stress or manual roles, are more vulnerable.

This highlights why preventive and supportive measures are crucial for all organisations. We can help you to navigate these issues. https://hrzone.com/alcohol-abuse-in-the-workplace-spot-the-signs-and-support/

Leader and manager development is the HR industry's biggest priority for 2025

A Gartner report (a leading research and advisory firm) has found that leader and manager development will remain the priority for HR leaders worldwide in 2025.

The report highlights the increasing pressures on managers. It states that 75% of managers struggle to cope with their responsibilities, with only 36% feeling that their organisation’s current management training programmes effectively prepares leaders for the future.

This makes us ask: How prepared are your managers to lead your team this year?

You know what they say… people don’t leave bad jobs; they leave bad managers.

Bad management poses HUGE risks to your business, including:

• High staff turnover and low employee retention
• Decreased employee engagement and productivity
• Higher risk of being taken to an employment tribunal

What’s the solution to this?

You guessed it… Management training.

Management training can also be a great way to recognise the excellent management competencies that your managers already possess through formal acknowledgement and accreditation.

93% of young people in the UK have encountered negative treatment at work because of their age. This has increased from 88% just 3 years ago. Sadly, 26% of those who reported age-based discrimination said it led them to lose interest in working altogether. All young people deserve a pathway to success, so it's really important to bridge generational gaps and create a more inclusive workplace.

Q&A

Should I be conducting exit interviews?

It’s not a necessity, but it could help you to learn a lot. You may learn about competitor practices. You may gain valuable feedback and identify training or manager gaps, which may help you to discover a problem you didn’t know existed and allow you to fix anything that may reduce staff turnover.

How should I support employees who may be participating in Ramadan?

In 2025, Ramadan is expected to begin on Friday, 28 February and conclude on Sunday, 30 March. The exact dates depend upon the sighting of the moon.

Don’t make assumptions about who may be participating. Educate your managers, be flexible with working patterns and accommodate annual leave requests, where possible. It’s a good idea to talk to participating employees before Ramadan so that you can make reasonable adjustments.

Is it my responsibility to ensure employees use their holiday entitlement?

Ultimately, it’s a shared responsibility. Employees should plan their time off, but you, as an employer, must provide opportunities and encourage its use to comply with the law.

Practical steps include sending periodic reminders about holiday balances, ensuring you have a clear policy outlining how and when holidays should be taken and encouraging staff to book time off, especially if they are approaching year-end with unused entitlement.

Blue Tree HR Newsletter November 2024

Posted on October 21, 2024November 22, 2024 by Melanie

Why should you care about your employees’ ‘engagement’?

‘Engagement’ is an umbrella term we HR consultants use to describe your employees’ enthusiasm, commitment and motivation towards their work and your business.

Their levels of engagement have a direct impact on their performance and your bottom line.

That’s why working on engagement within your business is really important.

Now, with all things HR, it can easily seem quite intangible. But there’s a really easy way to measure your team’s engagement.

Engagement metrics not only help us to understand how engaged your team are, but they also help us to create benchmarks and report on improvements in the future.

Employee satisfaction surveys:

These surveys provide insight into how employees feel about their work environment, management and overall job satisfaction.

eNPS (employee Net Promoter Score):

This metric gauges employees’ loyalty and willingness to recommend their workplace, clearly indicating overall engagement levels.

Turnover and retention rates:

Monitoring how often employees leave or stay with the company helps assess engagement.

Want to know how engaged your employees are? Get in touch with us for a confidential chat.

The 4-day week reboot

The traditional five-day work week, long seen as the standard, is increasingly viewed as outdated. Many attribute productivity problems to the rigid focus on hours and days rather than output and effectiveness.

A new 4-day week pilot project will launch this month, allowing companies to test the model along with other flexible working practices, such as flexible hours and nine-day fortnights. The results will be presented to Labour next year, with the hope that political support will grow for this shift in work culture.

It offers a potential solution to improve our work-life balance, increase productivity and make us happier and healthier. But can it be a “one size fits all” answer for every business?

https://www.peoplemanagement.co.uk/article/1887098/employment-law-perspectives-four-day-week

HR Audit: An essential strategic tool for your business

As an independent HR consultant, our primary goal is to work in your business’s best interests and help you to achieve your goals.

When we start working with you as a Strategic Partner, we need to understand how your business ticks, the risks it faces and the opportunities available to you.

And the most powerful tool we can use to help us do this is an HR Audit.

What is an HR Audit?

An HR Audit is a comprehensive review of your company through the lens of an experienced HR expert.

Once we understand your goals and what you’re trying to achieve, we follow a structured approach to look at what’s happening in your business.

What are the main benefits of having an HR Audit?

Peace of mind

We’ll ensure your company is legally compliant and protected against costly employment tribunal claims.

Data-driven decision making

HR can often feel intangible. That’s why we’ll create HR Metrics, report on them and create a RAG-rated priority list of actions we need to take to help you to achieve your goals.

Customised and cost-efficient support

Once we know what needs to be worked on, we can provide you with the best possible support and price to make it happen.

If you’d like to review your business’s relationship with its employees and create the best possible action plan, please get in touch with us for a confidential chat today.

Did you know…..82% of managers and workers who entered management positions had not received proper training and were identified as ‘accidental managers’. If not carefully managed, this can lead to low employee engagement, reduced productivity and a toxic workplace culture.

https://www.peoplemanagement.co.uk/article/1887801/two-five-employees-not-think-manager-trained-enough-survey-finds

Q&A

What’s the difference between banter and bullying?

Banter is all about light-hearted, playful teasing that’s mutual and doesn’t cross the line—everyone’s in on the joke and no one gets hurt. On the flip side, bullying is targeted, mean-spirited, and aims to upset or put someone down, often with a power imbalance in play. It keeps going even when the targeted person isn’t okay with it. The big difference? Banter respects boundaries; bullying doesn’t.

Can I force employees to use annual leave for Christmas when the business is closed?

Yes, you can require employees to use their holiday allowance when the business is closed, like at Christmas, but you’ve got to follow some rules. Check their contracts and give proper notice—usually, notice must be at least twice the length of the holiday. Just ensure you’re on the right side of the law, communicate it clearly and you’ll be good to go!

Do I have to offer flexible working?

You don’t have to offer flexible working, but employees can request it. As an employer, you’re legally required to consider these requests reasonably. Still, you can refuse if there’s a valid business reason, like impact on performance, extra costs or difficulty meeting customer demand. Ensure you handle requests fairly and follow the correct process to avoid issues.

Blue Tree HR Newsletter October 2024

Posted on October 4, 2024October 6, 2024 by Melanie

What do you really know about Employer Branding?

Employer branding isn’t just a slick logo or a clever marketing strategy; it’s a powerful force, connecting your values, strategies and policies with your people.

It’s what you stand for, how the world sees your business and the amazing experience you create for customers, clients and employees alike.

Happy employees will go the extra mile for you – and your clients – and profits increase.

Neglect your employer brand and you risk people feeling negatively about your business, which can lead to plummeting morale, reduced productivity and low client satisfaction.

Ready to build a powerful employer brand? Let’s dive in…

Define your Employee Value Proposition

Show off what makes your business unique, your vision for the future and why people should join – and stay – with you.

Know your internal brand

Host focus groups and run regular pulse surveys to find out how your teams really feel about you and your brand – then take action!

Stay aligned

Your employer brand should mirror your values, strategies and daily operations. Make sure everything matches up perfectly.

Highlight your CSR efforts

Showcase your commitment to social and environmental causes. A strong CSR reputation attracts top talent who care about ethics.

Encourage advocacy

Turn your teams into brand ambassadors! Encourage them to share positive experiences, represent your company at events and help refer new talent.

Discover how to build a winning employer brand that inspires your teams and delights your clients by downloading our latest guide today!

Get your FREE copy now!

Monk mode? Fake happy? Woliday? Time to catch up!

Are you up to speed on the latest workplace buzzwords? A study by an employee recognition platform, Rippl, has revealed a new set of viral phrases shaking up the modern workplace.

Like ‘office peacocking’, when employers spruce up their offices to lure employees back post-pandemic.

Keeping up with these expressions isn’t just about staying current —it’s about shaping workplace culture, understanding employee experience and expectations and engaging with critical topics. But the debate is on, do these phrases sensationalise every day work issues? Or do they actually highlight real trends?

https://thehrdirector.com/business-news/the-workplace/ghost-jobs-acting-wage-11-viral-workplace-buzzwords-need-know/

Shared Parental Leave Hits New Heights

Shared Parental Leave (SPL) uptake has hit a record new high, with HMRC data showing there were nearly 25,000 claims last year – far surpassing the 6,200 claims in 2015 when SPL was introduced.

Suzanne Caveney, an employment partner at Eversheds Sutherland, attributes this surge to the gradual but evolving attitudes towards shared parenting and improved workplace policies and pay.

Despite the progress, SPL usage still trails behind other countries like Finland, where paid family leave is standard for both parents. The data also reveals that SPL is more commonly taken by older, highly qualified individuals in large organisations, who earn higher incomes and have progressive gender role attitudes, compared with parents who do not take up SPL and pay.

https://www.personneltoday.com/hr/uptake-of-shared-parental-leave-reaches-a-new-high/

Lonely Hearts Club: The Rise of Workplace Isolation

New data from Gallup has shown a troubling trend: workplace loneliness is on the rise. A staggering 20% of employees report feeling lonely on a daily basis, with fully remote workers feeling it even more acutely at 25%, compared to 16% of office-based staff. This loneliness is affecting overall well-being, engagement and performance.

While some employers might think that bringing everyone back to the office will solve the problem, it may not address the root cause—and could make the situation even worse.

Employers should focus instead on boosting engagement by connecting teams to their work, the company’s mission and each other. Empowering managers to be culture champions can also play a key role in bridging the gap and combating workplace loneliness effectively.

https://hrzone.com/rising-workplace-loneliness/

How to Support Employees with ADHD

October is ADHD Awareness Month – the perfect time to celebrate neurodiversity and learn how to support employees with ADHD.

With 2.6 million people in the UK diagnosed with ADHD—and that number growing – understanding the condition is more important than ever for business owners.

Plus, as employment tribunal claims related to neurodiverse conditions are on the rise, it’s crucial to know how to support your team effectively to help them thrive and avoid any legal issues.

But how much do you really know about ADHD?

ADHD, or Attention Deficit Hyperactivity Disorder, is a neurodivergent condition affecting how the brain develops and works.

Symptoms typically fall into three categories: (1) inattentiveness and distractibility, (2) hyperactivity and impulsiveness, and (3) a combination of both.

But, here’s the thing, while people with ADHD experience challenges like forgetfulness and concentration – they bring unique strengths to the table! They often excel as leaders, demonstrating high emotional intelligence, and their creativity, unmatched energy and enthusiasm can be game-changers for your business.

Want to harness that brilliance? Here’s how:

Flexible Working: Offer adjusted hours and remote work options to help manage energy levels and focus.

Clear expectations: Break tasks down into steps, set clear priorities and deadlines, and use visual aids with written instructions to help keep things organised.

Open communication: Create an inclusive culture where people feel comfortable discussing needs and challenges, and provide necessary adjustments.

Training and coaching: Provide support in areas such as time management and organisational skills, as well as company-wide education on ADHD.

Keen to find out more?

Get in touch for an informative chat about ADHD, and how you can support and empower every member of your team!

Q&A

Can I refuse to provide a reference?

Yes, unless you’re legally obligated—for example, in an employment contract, for certain financial services jobs regulated by the Financial Conduct Authority or Prudential Regulation Authority, or as part of a settlement agreement. Your reference policy can limit what you include.

What do I do if I can’t get in contact with my employee?

Check their schedule, then try contacting them via phone, text or email. If it’s not urgent, give them time, document your attempts and make use of emergency contacts. If there’s no response, follow up in writing and consider inviting them to a disciplinary hearing, following company procedures.

I only employ one person – do I need HR advice?

Yes! Even with just one employee, HR advice is essential. You may not need a dedicated HR person, but an HR Consultant can keep you compliant, legal and running smoothly.

HR Investigations

Posted on May 17, 2024 by Melanie

Watch our short video which outlines the process for workplace investigations.

If you need any support during a workplace investigation please get in touch.

Book a Call

Additional Bank Holiday

Posted on September 12, 2022August 17, 2023 by Blue Tree HR

The extra bank holiday next is raising a few questions, so I thought I would email you to clarify the situation.

Sometimes additional public holidays are granted by Royal Proclamation. There is an additional bank holiday on 19 September 2022 for Queen Elizabeth II‘s funeral. There was also another in June 2022 for the Queen’s platinum jubilee.

Employers need to decide how they will approach these upcoming additional days off. This will be determined to some extent by the wording in the contract. Where the contract entitles employees to take as paid leave “all bank and public holidays”, the employer will have no choice but to grant the extra day in the usual way or negotiate otherwise.

Where the contract requires workers to work on “all bank holidays”, the employer can require them to work on an additional day. If they are paid a higher rate for working on a bank holiday and the contract does not limit the number of bank holidays to which the higher rate applies, the employer must pay that rate for the additional day.

However, where the contract limits entitlement to a day off work (or to a higher rate of pay where bank holidays are worked) to the “usual eight” bank holidays, or your contract may state the employee is entitled to 28 days of holiday and this is inclusive of bank holidays, the employer will need to decide its policy in relation to the additional day.

Bank Holiday for Queen Elizabeth II funeral — National Bank Holiday Announced for 19th September 2022

Giving Employees the Day Off

If the employer chooses to give its workers the day off as an extra day’s paid holiday (or pay them a higher rate if they work on that day), it should express this as being a non-contractual discretionary measure that applies only during the year in question. Otherwise, workers may, in the future, have grounds to argue that time off (or the higher rate of pay) on additional bank holidays is a contractual right, implied by custom and practice.

If workers will be required to take the additional day off out of their existing holiday entitlement, the employer will need to plan ahead to ensure that it gives them the requisite notice.

If some or all workers will be required to work on the additional public holiday, the employer may wish to consider a one-off discretionary day off in lieu, as a gesture of goodwill. Where workers will be treated differently, for example, one receptionist out of three is required to work but the other two can take the extra holiday days as leave, the employer should have objective criteria for this requirement and the choice of who will work, to minimise the risks of a discrimination claim (for example because of sex or race). In this scenario, the receptionist who works on the bank holiday must be compensated either by being paid or being granted a day off in lieu.

Keeping staff happy with your bank holiday policy

Employees would have heard that there is an extra bank holiday and may assume they are entitled to a paid day off. An alternative would be to ask staff to come in and perhaps allow those that are interested an extended lunch break to watch the proceeding on a screen.

Expert HR advice for small businesses

We hope that you found this blog informative. And remember, if you require expert HR advice for small businesses, or larger concerns, our experienced and professional HR team are always on hand to help. We offer both ad hoc HR and retained HR packages to suit any HR requirements. Contact our friendly team to learn more.

Constructive Dismissal – What it is and how to avoid it.

Posted on April 19, 2022June 19, 2023 by Blue Tree HR

When an employee feels that they are being forced into resigning due to their treatment at work, they may decide to make a constructive dismissal claim. It can be costly to defend such a case and extremely challenging to defend, so you want to do everything you can to avoid it. It is, therefore, essential to be aware of the potential of a constructive dismissal case.

What causes a constructive dismissal claim?

A constructive dismissal claim exists when an employee believes that the employer is deliberately making decisions to cause them to leave. For instance, reducing their pay, demoting them, or changing working hours. For example, if a part-time worker is informed that their job needs to be full-time, this could be viewed as constructive dismissal, as it may not be possible for the part-time worker to take on extra hours. These are relatively straightforward and obvious, but constructive dismissal claims can be subtle. For example, demeaning an employee, bullying, or discrimination. These are cases that are more difficult to prove. Employees need to have completed two years of continuous service with the employer to be eligible to claim for constructive dismissal unless it is ‘automatically unfair,’ such as discrimination.

How to avoid constructive dismissal claims

If you have employees who are unhappy in the workplace, there is every chance that, at some point, they will raise this type of claim. Therefore, managers need to be trained to understand when employees are unhappy. For instance, if they are exhibiting negative behaviours, their productivity levels have fallen, or you are aware that they are actively looking for a new job. As constructive dismissal can be split into two categories; change in terms and workplace treatment, there are various ways you can try to avoid constructive dismissal claims.

Create a Positive Culture

One of the most important ways to avoid constructive dismissal claims is to maintain a positive environment within the workplace. When the environment is positive and healthy, employees will feel valued and included. They will, therefore, not be left feeling that they are being mistreated.

Legitimate Processes

Any changes or decisions you make should be for business purposes and not personal reasons. For instance, if you are rejecting an employee for a job, you should have a legitimate reason to do so and should be able to provide helpful feedback to an employee. Unfortunately, there are cases when employees are rejected multiple times for roles within a company without receiving feedback. This, naturally, causes them to feel that the employer is trying to encourage them to leave. Likewise, if you are looking to change hours or pay rate, there would need legitimate reasons, and you should follow a consultancy process by liaising with your HR support, or by employing external HR solutions.

Regular Communication

You can avoid most issues through regular communication with your employees. Even a weekly check-in to ask how they are getting on and if they are experiencing any problems will help you to maintain a positive environment. If employees feel that you are entirely hands-off and are not even asking how they are, they are less likely to feel included and part of the team.

If you want to chat with us about constructive dismissal, including what this means to your business and how to avoid it, you can contact us on 01787 695084. Alternatively, for expert advice and guidance on any HR support for business issues you may have, or to discuss our complete HR solutions and how they can benefit your business, please visit our contact page.

How to Manage an Employee Grievance

Posted on February 25, 2022 by Blue Tree HR

As experts in HR advice and guidance, we receive a lot of queries from managers regarding employee grievances and how to manage these appropriately. Grievances are essentially a situation where an employee feels that they have been mistreated. A grievance often occurs between two staff members, or it could be against company policies, such as working conditions. Businesses need to take any grievance seriously and document the entire process.

If you are unsure how to deal with a grievance, our step-by-step guide should help inform you.

Mediation

A grievance can quite often be managed through mediation. For instance, if an employee has made a remark that another employee is unhappy about it, it may be that the situation could be resolved informally. However, if it is a serious situation, for instance, if it involves bullying or harassment, this step may not be sufficient in dealing with it.

2. Grievance Meeting

If the situation cannot be resolved informally, you should hold a meeting with the individual who has raised the grievance. It will allow you to get some more information and discuss how the employee would like to take the situation further. You should advise them of their right to be accompanied by a representative at the meeting.

Example of Grievance:

Lucy feels she is being excluded by her manager, who is not inviting her to the weekly meetings with other team members. They have also been out for lunch, and she has been left out of this too. She has reached a point where she wants to raise a grievance about her manager’s behaviour. However, she does not wish for mediation as the situation has been going on too long.

3. Investigation

It is vital that you don’t just take sides when dealing with a grievance; you should only ever judge the situation by the facts. Grievances can often come down to hearsay, so getting all the information before you move forward is essential. For instance, if an employee has raised a grievance, find out if there is any written evidence of the exchange or witnesses who may have overheard.

Examples of Evidence:

Asking team members if Lucy has attended weekly meetings and lunches. Has there been any discussion about why Lucy has been missing from these? Has anyone raised concerns

4. Disciplinary Meeting

If an employee has raised a grievance against another employee, and evidence supports it, the next stage would be a disciplinary meeting to discuss the situation with the other party involved. You should also inform them that they can be accompanied to the meeting.

Example of Disciplinary Meeting:

At this stage, you would speak to the manager and find out why Lucy has been excluded and provide any evidence you have for this from your investigation. Consider it from the side of the manager too

5. Decision

The next stage is the final decision you have reached following the investigation and the meetings. Then, you should arrange another meeting with the instigator of the grievance to discuss the decision you have reached and the other party.

Example of Decision:

As there is overwhelming evidence to suggest that Lucy has been deliberately excluded, which is a form of bullying, you feel there is no choice but to dismiss the manager. You cannot employ someone that is exhibiting this behaviour.

6. Appeal

There is the right to appeal this decision. In this case, another meeting should be held, and if possible, it should be undertaken by someone not involved in the rest of the meeting.

If you would like to discuss an employee grievance or have any other issue regarding HR support for business, you can contact Melanie of Blue Tree HR Solutions on 01787 695084 or by emailing her at info@bluetreehr.uk.

Employment Law Changes in 2022

Posted on January 21, 2022 by Blue Tree HR

As the new year kicks off, employers must be aware of upcoming changes to the employment law and adjust their policies and procedures. These are some of the employment law changes in 2022.

National Minimum Wage

The rate of the National Minimum Wage will increase to £9.18 for workers aged between 21 and 22. The rates for workers aged 18-20 will increase to £6.38 and £4.81 for those aged 16-17. Statutory sick pay will also increase to £99.35 per week. The National Living Wage is also set to rise to £9.50.

Parental Leave

There will also be an increase in the rate for statutory maternity, shared parental pay, adoption, paternity, and maternity allowance to £156.66 per week.

Right to Work

Full right to work checks will return from 5th April 2022. During the pandemic, employers had the right to carry these out remotely.

Holidays

The bank holiday, which would typically fall on 30th May, will now be on Thursday 2nd June 2022, in line with the Queen’s Platinum Jubilee. There will be another bank holiday on the 3rd of June 2022. Employers will need to check contracts to understand if their employees will be entitled to this day.

National Insurance Contributions

The National Insurance Contribution will increase by 1.25% from April 2022, and this will apply to all employed adults in the UK. Tax rates on shared dividends will also increase by the same.

Family Friendly Rights

The Employment Bill announced in 2019 is expected to be passed in 2022. In this Bill, there will be the introduction of statutory neonatal leave and pay for the parents of babies that require neonatal care. It will also include the extension of the redundancy protection period for employees on maternity leave. The period will increase for up to six months after returning to work. Carer’s leave will become a statutory right. Employees with caring responsibilities will be entitled to take one week of unpaid leave per year from the day they start employment.

Third-Party Harassment

Third-party harassment laws are also expected to change in 2022. It will include an extension to the period for raising tribunal claims and enhanced protection against third-party harassment. Third-party includes clients, customers, and members of the public.

There are some changes to the Flexible Working Regulations 2014 expected, with the Government currently consulting on the reforms. Some areas the Government are looking at include:

The right to request flexible working to be available to employees from the day they start.
Assessing the business reasons for rejecting flexible working requests and whether these are still applicable.
Understanding whether employers are looking into alternative working arrangements if they reject flexible working requests.
Increasing awareness of flexible working and the benefits it offers.

If you would like to discuss the changes to the employment law and what these mean for you or if you need assistance with contracts, or any other HR advice and guidance, you can call us at 01787 695084 or email info@bluetreehr.uk.