April/May 2021

The ethics of compulsory jabs – and three other questions HR needs to answer urgently

Contents p28 April/May 2021

HR can’t get a moment’s respite at the minute. Between ever-changing p18 lockdown restrictions, reporting deadlines, governmental policy changes and significant Supreme Court rruulliinnggss,, t here’s lloottss foforr ppeeooppllee p38 professionals to stay on top of – aallll wwhhiillee ssttiillll exhausted after a year (and counting) of the pandemic. Th at’s why we’ve taken four of the biggest dilemmas and explained what they mean for employers. Eleanor Whitehouse Acting editor News & analysis Welcome from the CIPD p5 This month we’ve learned... p6 NEWS: Post-Covid mental health p8 PLUS AApriprill ddeeadladlinines; eemplomployee ssuurrvveeiillallance Legal lowdown p14 Columnists Wendy AAsslleetttt aanndd R Racachelhel CCuurrirriee p16 Case studies p24 Visit Britain/Visit England p18 Camelot Group p20 p42 TY Govia Thameslink Railway p23 ET /G

AR Features p30 ST

D What BrBrexiexitt wwililll mmeanean ffoorr rreecrcruitmentent p24 AN

OUT The UK’s ddepeparture ccoouulldd hhaavvee bbiigg iimmpplliiccaattiioonsns ffoorr hhiiringring S ST

ES COVER Is mmandaandating tthhee CCoovviidd jjaabb ffaaiirr?? p30

PR Opinions aarree divided on wwhheetthherer fi rrmmss ccaann eexxppecect ssttaaffff EX COLIN , ; to have the vaccine CK EEM ‘Fireire aanndd rreehihire’ ttaaccticstics in tthhee ssppototlight p32 TO EY T- RS The contentious prapracticticcee ccaann be s uccessful if h handlandled wweellll JI TE Is tthhiiss tthhee eenndd of tthhee ggiigg eecconoonommyy?? p38 RK UT

LA Our eexxppeerrtt ppananel eexxppllorores wwhahat UUberber’’ss ddeefeafeatt at the SH AI P/ Supreme CCoouurrtt mmeeaannss ffoorr the llababourour mmaarrkkeett /A MM

IN How to fail – well p42

SO p36 :

TE pxx

P3 Creating a ccuullttureure tthhaatt eenconcourages failure ccoouulldd bbrringing ; GS ES

AU big bbuusinessiness bbeenenefi ts K AG AN IM Career path FR TY M;

ET Who I am Soraya Reid p49 CO /G

LI Reviews p50

AL The Fixer p53 People aandnd p poossttss p54 COB KING JONCH JA ; Research p57 R: ES CIPD Focus p58 p49 VE AG CO IM Could HR ssololve...? Working GGiirrll p62

peoplemanagement.co.uk 3 Join us online and explore what it means to lead a responsible and agile business, and adapt to the new era of good work in a post-Covid, post-Brexit climate. 15-17 June 2021

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Jenny McCulloch Head of Learning Experience Design, BBC

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CIPD members save 25% Book by 23 April Bata Davidovic Sandra Wallace

Conference #FestivalofWork festivalofwork.com sponsor Welcome fr om the CIPD Managing during uncertainty the world around rate, with Th e world of work is changing at a rapid them. Th ese are big e pandemic. drivers in engaging many uncertainties as we emerge from th ing with with employees Th ere is much to be understood in deal and retaining and s, acting on ting ta lent, as changes in people’s expectations and need attrac regulations, as well well as reputation and inclusion and understanding new image. workforces. brand as shifts in migration and changes in our Th e pandemic has ed as a big catalyst and we can’t let that uncertain circumstances is act en Peter Che ese Operating in pass. People do n’t stop being people wh executive the immediate future, le t Chief diffi cult – where come to work. And if businesses and er term, is hard to predict. As they alone the long leaders care for the things their people n reputedly obse rved, it’s diffi cult s Fire and reh ire Mark Twai r the thing the care about, they will care fo to make predictions, especially ab out Managers ne ed certainty, the busine ss cares about. “ALL YOYOUU future. Most business leaders like ow empathy for ppens, and to be to understand and sh HAVE TO DODO to be able to control what ha life co mmitments, me ntal ns with reasonable people’s other RING'SBI SP GG E E HE ke clear decisio S TH ma T IGNIGN T able to ings of IS SIGS always and physical wellbeing, feel S t is not P t tha R Bu I T es. NG S tcom 'S GE ou d BIG CONTNTRACT” assurance of y, and conce rns such as bullying an g Covi d, safet e he adlines durin re aanndd rerehire’ tactics hit th live with Controversial ‘fi‘fi en masse to ange co nditions learn s to ch LL to atic waywa RDS FRANCIS CHURCHI ve dram WO ha are lessess dr all there . But but there are l reality. We inside and outside work ng their nt contracts or ri sk losi me employment ss ed plans to cut ra sh aftfterer it annannounc ha dubious a backlabacklash a s wiwitthh myriad other dubious and re-empl oy jobs. s. ,000 jobs completelycompletel d es prroocesscess 12 ar, the TUC release gr workplace prapractices, thethe p In January this ye pro the remaremaining 30,030,000 sstaff on less 10 and yees’ as many as one in te of tterminaterminatinging emploemplo research suggesting va A atic wing the dram no le ttermserms folfollolo in n newnew,, fafavovourab ring lockdown ill gaaginging themthem on o had be en told du st conttractsracts anand re-enre-eng numbum ers caused by the workers and drop iinn passenger nnu y, ese ‘fifirree anandd their jobs on nt th e, tteermsrms –– dubbed dubbed ‘ last year to reapply for ai woorsrse, in ofteoftenn worse,w terms – dubbed ex Cr uz, rt e’s CEO, ÁlÁlex Cr re airirlilinnene’s ce add pandemic. 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GrGracingacing newspapernewspaper of fire and reh ire tactics only makes accused thethe firfirmm of ttrrying to f orce its y – which th arly frfrequenfrequequentlytly ddudururingringing it’s done badl wi headlines particul es to aaccept worse the news when deal 20,000 employe to 202020 was BrBritish AiAirrwwaways,ays,ys, wwhichhich facedfacefacedd It requires the co nfidence s of people management. t.co.uk ct 32 peoplemanagemen critical aspe nflicting views, and to take the paradox and co s, All these have been areas of focus for s. To be able to im agine diff erent thing ntinue to be p32 risk just CIPD’s guidance, and will co confront the known unknowns, and not t. You can’t steer a for the future. revert to the known p as one of the big gest paradigm wake – we have to learn Perhaps ship by looking at the be in making hybrid and fl exible innovate and try things, shifts will to work in agile ways, g mo re the no rm. Th ere are many part of lear ning and learn as workin accept failure as licy, lo gistical and cu ltural is sues to be maintaining a strong guiding po we go, while thought through. Th ere is not a manual focus on vision and pur pose. will have to trust sations and or rule book, and we As pressure grows on or gani as we go. Let us all the natural people and learn leaders in challenging times, ogress being made on se risk, to work hope that the pr tendency is to try to minimi ogrammes and the easi ng ed, and to focus on vaccination pr with th e tried and test wns allows so me return to t term. Issues like inclusion of lockdo costs in the sh or rmality in the co ming we eks. But we sider ys of working can be no Employers will need to con and diversity or new wa ared for a period the will need to be prep various issues to manage pushed back wards. ation and increased fl exible of co ntinued change, adapt transition to Old paradig ms are hard to shift, and so quire professional and hybrid working with learning. Th is will re many of o ur ways of working have been we can help fi ve-day courage and infl uence, and us for generations – the standard mmunity co nnections, visibly in places each other in our co working week, the need to be e and ex perience. ; ledg presenteeism and sharing know ES of work, a b ias towards AG mmand and co ntrol cu ltures. However,

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peoplemanagement.co.uk 5 This month we’ve learned...

{Health & wellbeing} z The big lesson Halfwant mandatory Covidjabs A survey has found that more than half of workers believe coronavirus vaccinations should be made compulsory for employees returning to the office. The poll of 2,000 workers, conducted by Glassdoor, found that 56 per cent The Supreme Courthas ruled thought there should be a predominantly female shopfloor requirement for staff to have staff can be compared to mostly male distribution workers had a Covid vaccination before they go back to the office, and one in seven (14 {Employment law} per cent) workers went as far as saying they would hand in their notice if they were Asdaworkerscanbringpayclaim required to return before In yet another significant decision to upheld by the Court of Appeal, and now all employees had been come out of the Supreme Court the Supreme Court. vaccinated. over the last few weeks, judges “Thiswill The common terms test is a Rachel Suff, nise or have ruled that retail store staff threshold test that an equal pay employment relations adviser for supermarket chain Asda can undoubtedly claim needs to meet before it at the CIPD, said employers be compared to distribution alarmother can proceed, and is designed should be doing all they can workers, paving the way for more to ‘weed out’ claims where the to encourage their staff to employees to bring equal pay supermarket disparity in pay can be explained get vaccinated, including claims against the retailer. chainsand by geographical factors. being flexible about working The court ruled that In its judgment, the Supreme hours or offering paid predominantly female shopfloor retailers” Court said when considering time off for vaccination workers are on ‘common terms’ whether employees were on appointments. But, she said, with mostly male distribution centre common terms, it did not have to be “the government hasn’t made employees, and experts have warned “feasible” for the retail staff to actually the vaccine mandatory, so INC

ER that the decision could make it easier for be able to carry out their role from the employers shouldn’t either”. EV shopfloor workers to bring claims against distribution workers’ site. Instead, it could A separate poll by the AT

WH other supermarkets. be envisioned that they were hypothetically Chartered Management ;

ES The case was initially launched by a working out of a supermarket next door, Institute in the second AG

IM number of Asda retail employees who and vice-versa. week of March also found

TY argued that them being paid less than Suzanne Horne, partner at Paul almost three in five (58 per ET

/G predominantly male colleagues working Hastings, said this ruling would cent) of 1,068 respondents in the distribution centre amounted to “undoubtedly alarm other supermarket believed businesses should be SALL

AN unequal pay. Asda applied to have the chains and retailers”. She estimated that, allowed to make Covid jabs ST

N claim dismissed on the basis that it didn’t if the case went on to succeed at an mandatory for staff returning BE

, meet this common terms test; however, employment tribunal, collectively UK to their regular place of ES the initial employment tribunal ruled supermarkets risk facing up to £8bn in work, compared to just over AG

IM in favour of the retail workers. This was unequal pay claims. a third (35 per cent) who did PA not. SO

6 peoplemanagement.co.uk {Pay & reward} Experts have said employers in the care sector would NoNMWfor be relieved with the decision which, if it WFH Jammies ensure remote workers are had fallen in favour tably sleep-inshifts of the claimants, sitting comfor Another landmark ruling could have added {Flexible working} from the Supreme Court millions to staffing costs. in recent weeks has drawn “If this judgment had gone a line underneath a long- the other way it could have Comfortisking running dispute with bankrupted many in the care In the absence of formal portion that appears in front charity Mencap around industry,” said Sarah Ozanne, dress codes, the compromise of a webcam – with the lower remuneration for care employment lawyer at CMS. between dressing half more comfortable. workers who undertake Edel Harris, chief comfortably while at home Designer Taichi Ito came ‘sleep in’ shifts as part of executive of Mencap, and wearing smart clothes up with the idea when his their jobs. Th e court ruled also told the BBC: “It is for video meetings is one wife was on a Zoom call. that they are not entitled no exaggeration to say that’s plagued many remote “One day my wife changed to the national minimum that, if the ruling had staff during the last year. into casual office clothes wage (NMW) while asleep, been diff erent, it would But at last, a Japanese to attend a video meeting,” and should instead receive have severely impacted company appears to have he told the Guardian. “I a set allowance unless they on a sector that is already come up with the answer. thought ‘that’s not a good are awake for the purpose underfunded and stretched Enter Whatever Inc and way to enjoy her time of working. to breaking point.” its new WFH Jammies. working from home’,and Described as “business on thought it would be a good {Inclusion & diversity} reapply for their jobs on the top, loungewear on idea to have loungewear that worse terms and conditions, the bottom”, the garment was formal only for the part according to the survey of resembles a formal collared of the body shown on the BAMEpeople more than 2,000 workers in shirt from the chest up – the video screen.” November last year. Th e TUC is calling on the {Inclusion & diversity} relationships where turneddown government to introduce women earned more mandatory ethnicity pay than their partners gap reporting and make Womenquitafter before parenthood, formorejobs employers publish action the women left work plans, and to ban zero-hours after having a child. One in three ethnic minority contracts and strengthen the kidsdespitepay Th is compared to workers say they have been rights of insecure workers, just 3 per cent of unfairly turned down for a which it says will have a Women in heterosexual similar relationships where job, compared to just one positive impact relationships are more likely the lower-paid male partner in fi ve (19 per cent) white on ethnic minority than their male partners left work. Alison Andrew, workers, according to new workers. to sacrifi ce paid work senior research economist research by the TUC. after they have a child at the IFS, said the fi ndings More ethnic minority regardless of who was showed that the way parents workers also report being earning more money divide up paid work and t unfairly overlooked Edel Harris (right) believes a diff eren before parenthood, a childcare could not be for a pay rise result in the sleep-in shifts case would study has found. “straightforwardly explained than their white have damaged the care sector; the Th e poll of 5,591 by pre-existing diff erences in TUC’s Frances O Grady is calling on counterparts (29 per ry heterosexual their career trajectories”. the government to bring in mandato cent compared to 22 ethnicity pay reporting couples in “Even where the mother per cent). Ethnic England, was the main earner before minority staff ear conducted by having a child, she is more twice as likely to the Institute for likely to give up work or report being on Fiscal Studies reduce her hours after insecure contracts, (IFS), found that becoming a parent than or being forced to in 13 per cent of the father,” she said.

peoplemanagement.co.uk 7 TOP STORY tions are ckdown re stric Lo but some arting to ease, st struggling workers may be ‘normality’ to transition to

Isa mentalhealth crisisintheoffing? ar rkers reporting worse mental health th an a ye With many wo step up ck of employer support, the onus is on firms to ago and a la WORDS LAUREN BROWN

ES he pandemic has been a major third (32 per cent) said the mental multiple long lockdowns. Just 15 per

AG eye opener for many employers health and wellbeing support offered cent reported better mental health now IM on the importance of mental by their employer had improved than this time last year. TTY health. The first lockdown during the pandemic – compared MHFA is now calling on employers I/GE

AR back in March last year to 43 per cent of respondents who to provide increased support and AT

SP T highlighted how much we all said their support stayed the regular wellbeing R depend on our social networks within same or worsened – while check-ins, and to DE

AN our workplaces, and how commuting 41 per cent said they had less ”Itshould be ensure managers have EX can carve out much-needed work-life frequent wellbeing check-ins the right training and AL , aboutoffering

LE separation. But despite all the rhetoric, or none at all. resources, all in an effort EB not all businesses have made changes For many, improved support staffasmuc to remedy what Tom KE h

HN to the way they look after their is long overdue. In a separate choiceas Oxley, workplace mental JO employees’ wellbeing. poll conducted by YouGov on health strategist and N, In March, a poll of 2,000 UK behalf of Indeed, two-fifths possible” chief trainer at Bamboo ALTU workers by Mental Health First Aid (44 per cent) of the 1,039 UK Mental Health, terms LA IL (MHFA) England revealed a quarter workers who responded reported that a “criminal – almost literally” lack AT F, (25 per cent) had not received a their mental health is worse now than of communication from employers single mental health check-in since it was last spring, suggesting employees throughout the crisis. “The Health SCARF I the start of the pandemic. Only a are suffering the cumulative strain of and Safety Executive says you need OL

8 peoplemanagement.co.uk News & aannaallyyssisis to consult and assess risk, Bright Horizons found almost about the support needed, and wherever your employees a fi ft h (18 per cent) of working create a plan together,” says work,” he says. “With zero parents want to work completely Mamo, adding that, depending wellbeing communication, I remotely after the pandemic. on the needs of the business, would be concerned about the However, according to the employers might even ask safety strategy and cultural Indeed and YouGov poll, 44 themselves whether staff need practices of an organisation per cent of workers want their to be based in the workplace or a manager that would cast work life to return ‘largely’ to going forward. “Regardless, it employees adrift .” the way it was before, while 31 should be about offering staff as Theshoeison Andy Bell, deputy chief per cent want it to return exactly much choice and fl exibility as executive at the Centre for to the way it was before the fi rst possible,” she says. theotherFoot Mental Health, agrees, urging lockdown last year. Nikki Th orpe, It seems like a pleasing employers to devise and To gauge how their director of people alignment of the universe on the rare occasion implement long-term wellbeing workforce is faring, ”Employees and culture someone’s name strategies. While for many Emma Mamo, at workplace matches their choice of the months of restrictions head of workplace willneed time, management career. But even rarer will shortly come to a close, wellbeing at Mind, platform Planday, that it happens twice for spaceandhelp the same organisation. Bell points out that for some recommends agrees fl exibility Yet the fi nance boss of – particularly those who have fi rms send togetover goes hand in hand footwear retailer Shoe experienced bereavement, anonymous surveys Covidfatigue” with employee Zone, Peter Foot, has been in unsafe homes or for and, crucially, wellbeing. She warns stepped down and many other reasons have had maintain regular that now businesses been replaced – by Terry Boot. particularly bad experiences of communication. “We’ve seen have proven their ability to This isn’t Boot’s fi rst lockdown – there may be longer- more and more employers accommodate fl exibility, foray into the footwear term impacts. prioritise staff wellbeing in employees are going to expect it. industry – he previously Th e upside is that employers recent years, but there is still a Similarly, mental health held roles at Brantano are well placed to help. long way to go, and the current strategist and consultant Amy and Jones Bootmaker. Businesses can “make safe spaces situation has thrown up lots McKeown says employers for their staff, allow people to of additional challenges for should seize the moment to come to terms with what they organisations,” she says. make worker wellbeing a board- “Elon and have experienced at their own “Employers need to remember level, strategic issue: “There Zach will also pace, have open conversations that change is diffi cult for many needs to be an investment maintain their about mental health, positively of us. If a colleague is fi nding the in health providers and respective encourage seeking help, and transition back to ‘normality’ support and a recognition that be fl eexxiibbllee about hhooww aanndd di ffi ccuulltt,, ssppeeaakk employees wiwillll neneeded titimmee,, positions as when peopeoplple return to nnoorrmmaall to tthheemm space and help to getget CEO and working ararrraanngegements”, he ssaayys.s. over ththee CoCovviidd chief fi nancial Other rereseasearrcchh ha hass found fatigue of ththee employees aarree sspplliitt wh wheenn iitt last yeyeaarr.”.” officer” comes to wwhethethheerr tthheeyy wawanntt Tesla clarifies its top to rreettuurrnn to tthhee offi offi ccee oorr bosses’ roles after they changed their not, suggesting eemmppllooyeyers Many employees are job titles to could benefi t from keen to continue ‘technoking’and wo ‘master of coin’ the fl exible approach rking remot ely after recommended by the pandemic Bell. A survey by Personio found one in four workers would resign from their current job if they were 12PM forced to return to the office, and the latest Modern is ththee momosstt popupopularlar titimeme for a video meeting Families Index during ththee working dayday Spotlight survey by SOURCE: WHEREBY.COM

peoplemanagement.co.uk 9 News & analysis

The gender pay gap reporting deadline and the rollout of the new off-payroll r ules are key dates for HR’s diary

While HR has been rgetthe focused on Covid for Don’tfo the past year, this month brings two other important dates not to otherdeadlines be sidelined

WORDS ELIZABETH HOWLETT

here’s no doubt people Human Rights Commission (EHRC) these important regulations,” she professionals have been has suspended enforcement of the explains, adding that organisations rushed off their feet since reporting rules until 5 October – should still report their data for TMarch last year, and for good essentially extending the deadline for 2020-21 on time if they can, alongside

, reason. Th e pandemic took over six months while employers cope with detailed action plans to reduce the LE many HR calendars and the ever- the fallout of the pandemic. long-term gaps in pay. “Reporting EB ES KE changing lockdown restrictions and Although the EHRC put the brakes provides an opportunity for employers N AG

IM employment-related hurdles have been on enforcement and suspended any to demonstrate their commitment to JOH TY S, a logistical minefield to keep track of. action on reporting altogether in gender equality, which will be more ET RT

/G But this April marks an important 2020, businesses are still expected important than ever as the effects of BBE CE month for several reasons unrelated to report their fi gures for 2020-21 the pandemic continue,” says Falkner. RO UR M SO

TI to the Covid crisis. this year. Kishwer Falkner, chair of However, experts have raised E P,

SI concerns that the extension AG For starters, HR professionals the EHRC, says action to reduce the

IM should have had 4 April circled in their gender pay gap needs to continue. and delayed enforcement could S,

YA diary – this was still technically the “Starting our legal process in October send out the wrong message to ONNET/B ZA

ISS businesses, especially in light of ER deadline for this year’s gender pay gap strikes the right balance between VI BO reporting, although the Equality and supporting businesses and enforcing the disproportionate effects of B. JA

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XXXXX Canemployersmonitor staffwhileworkingremotely? The rollout of AI-powered tracking technologyat a call centre operator has reignited the debate over employee surveillance

he move to remote working has been a difficult one for many employers, particularly those without an existing culture of independent working. As such, the T increase in employee surveillance has been notable. But perhaps few businesses have gone as far as call centre company Teleperformance, which reportedly told some members of staff last month that specialist webcams would be fitted in their homes to check for working Some com infractions, including using their phone panies are installing webca or eating while on shift. The cameras are wo ms in rkers’ homes for securit to check powered by artificial intelligence, and will y breaches automatically notify a manager of any transgressions, as well as monitor for any security breaches such as unauthorised people sitting at the employee’s desk. The rollout of the technologywas Employee monitoring in the news reported by the Guardian, which claimed Barclays introduced recognition tool to track when drivers’ behaviour. According to have seen documentation and a training surveillance software in employees are at their desks to Vice, an unlisted video video about the system. Teleperformance February 2020 that tracked while working from home, posted by the firm’s senior told the paper that the remote scanning how long employees spent requiring them to provide manager for last-mile safety feature would not be used in the UK, at their desks, but withdrew it written reasons for absence, explains the new system, although levels of remote scrutiny would a week later after attracting including toilet breaks. which will be able to look be different in other countries. Instead, the widespread criticism. And in February, Amazon out for misdemeanours such cameras would only be used for meetings, PwC came under announced plans to install as hard braking, speeding, training and scheduled video calls, and fire in August 2020 cameras in all its delivery not wearing a seatbelt and the system was intended to “respond to after developing a facial vans in the US to track even yawning. the overwhelming concerns of isolation, lack of team engagement and support”. Nonetheless, the revelation has renewed monitored, she says, but firms need to HR decisions could lead to widespread concerns about businesses’ surveillance of make sure that all monitoring measures discrimination. “AI at work could be used staff inside their homes. are communicated to employees in to improve productivity and working lives. ES Kate Palmer, HR advice director at advance. Employers must also have a “fair, But it is already being used to make life- AG

IM Peninsula, warns any employers thinking proportionate and legitimate reason” to changing decisions about people at work – TY about monitoring their staff that monitor staff, Palmer adds. like who gets hired and fired,” says Frances ET

/G employees still have an “overarching right The TUC has called for a wider review O’Grady, general secretary of the TUC. LY

DA to privacy at work” regardless of whether of the laws around the use of AI at work, “Workplace AI must be harnessed for

RT they are working from the home or their warning that without proper protection good – not to set punishing targets and BE

RO office. This doesn’t mean they can’t be the use of algorithms and automation in rob workers of their dignity.”

12 peoplemanagement.co.uk News & analysis “EverythingthatwasflungatHRwerespondedto” Jacqui Jones, HR director of NHS National Services Scotland, refl ects on a turbulent 12 months for healthcare people professionals s director of HR and workforce break. In the Louisa Jordan hospital, workers would’ve development at NHS National Services had a lovely breakout area away from the clinical areas, Scotland (NSS) and NHS Louisa Jordan but in hospitals with a fi nite amount of space that can – Scotland’s equivalent of England’s be more diffi cult. A NHS Nightingale, set up to deal with an expected infl ux of Covid patients – Jacqui Jones’s How has the pandemic changed people’s team has been at the forefront of the country’s perceptions of the HR profession? response to the pandemic. She found a gap in her From my organisation’s perspective, as our chief full diary to tell People Management about her executive pointed out, HR has been at the forefront of experiences over the past 12 months. just about everything. It’s really put a spotlight on how good or not so good we are. I’ve worked very hard What was your experience of helping set transforming HR at NHS NSS and making sure it’s up the Louisa Jordan hospital? following the CIPD framework, and we were able It was challenging and hard work, but an to respond to Covid at such pace – to set up the amazing experience. We had an agreement national contact tracing centre we’ve recruited, with NHS boards in the west of Scotland onboarded and trained that they would supply enough staff for “Theteamhad 1,000 people since June last the fi rst 40 beds, and then beyond that we year. Everything that’s been would need to work together to potentially toonboardand fl ung at HR we’ve been able recruit additional staff for 300 beds. trainpeople to respond to, and it’s really We’re not an employer in our own shown the value of good, right, so that would have involved atpacein straightforward, pragmatic, enacting the memorandum of of professional HR advice. understanding we have with each themiddle of the health boards in Scotland apandemic” What’s been your that they would release some of biggest people challenge of their staff to us. It involved a the last year? lot of conversations with my Th ere have been so many, but fellow HR directors about recruiting into a big programme

DSON how that would work. management service as well as the national contact tracing centre just NAL How has NHS Scotland after starting to deliver HR shared DO been supporting staff services for public health in Scotland

ALAN wellbeing throughout was big. Th e team had to learn new Covid? systems and onboard and train people

APHY Each of the 22 Scottish at scale and pace in the middle of a GR health boards have their pandemic, and deliver business as usual

OTO own arrangements in while working remotely. It was incredible.

PH place, but the Scottish government also put extra What has made you most proud OUSE measures in at a national of your organisation during EH

IT level to supplement the pandemic?

WH that, including hubs and Th e sheer response of people going the

OR networks around mental extra mile – I’ve seen astonishing things. AN wellbeing. But of course it’s Lots of people have gone way beyond what LE E the local initiatives that really was asked of them and have delivered at W

IE matter, and space is one of the pace. I’ve not come across one person who

RV biggest factors – staff need to be said ‘that’s not my job’ or ‘it’s fi ve o’clock, TE

IN able to get away to rest and have a I’m going home’.

peoplemanagement.co.uk 13 ve access to CIPD members have exclusi Did you know that d legal helplines? yment Law at Work Service an the Emplo yment-law d.co.uk/hr-resources/emplo UK LEGAL LOWDOWN cip EATupholdsclaimant’sappealaftercase Uberdriversare workers,Supreme dismissedfollowing‘vexatious’attempts Courtrules Experts say ruling highlights the need for HR to vet job candidates Uber drivers are workers and entitled to minimum wage and sick pay, dyspraxic jobseeker whose dismissed or withdrawn, this was “one of the the Supreme Court has ruled, in a judgment that could upend how the discrimination case was struck out rare cases” where the exception to the rule gig economy works in the UK. because of more than 30 previous that discrimination claims should not be The courtunanimously agreed A“vexatious” claims, will have the struck out applied as there was “no credible that the drivers worked for Uber, decision reconsidered, the Employment basis” to maintain them. regardless of the written contract, and Appeal Tribunal (EAT ) has said. However, the EAT said that, despite the therefore the relevant employment In 2019, the East London Hearing numerous other claims, it was not possible legislation applied. The judges said the service provided by drivers was Centre found Christian Mallon was not without further investigation to determine on “very tightly defi ned and controlled discriminated against by infrastructure a summary basis that Mallon’s claim – that he by Uber” and they were “in a position consultancy fi rm Aecom when applying was put at a substantial disadvantage by being of subordination and dependency in for a role there. Mallon had argued that his asked to complete an online application – was relation to Uber”. dyspraxia – a developmental coordination false, nor determine that he already knew the The ruling confi rmed Uber drivers disorder – meant he was unable to complete claim was false. Th erefore, the EAT ruled that are not only entitled to employment an online application, and the company failed the case would be heard again by a diff erent rights, including rest breaks and holiday pay, but that they are in fact to make reasonable adjustments for him. employment tribunal judge. working from the time they turn on the He claimed that he was unable to interact Jules Quinn, partner at King & Spalding app and are ready to accept jobs. with online forms, password characters International, said businesses could avoid The case was originally brought and drop-down menus and requested to fi nding themselves in similar situations by before an employment tribunal by submit an oral application. Aecom, however, conducting background checks on potential former Uber drivers James Farrar said it asked Mallon to outline what was candidates. “It is very easy for an employer to and Yaseen Aslam, who won the case in October 2016. Uber appealed the problematic about the process, but he did not conduct a background check to determine decision, but the High Court upheld offer details of his disability and insisted on what, if any, tribunal claims or cases a job the judgment in December 2018. The an oral application. applicant has brought against previous Supreme Court’s ruling was the ride Th e initial tribunal also heard he had employers,”she said. hailing app’s last appeal. submitted more than 30 other claims against Quinn warned, however, that acting on Paul Jennings, partner at Bates various fi rms and recruitment agencies any fi ndings may risk putting the employer Wells and one of the lawyers acting for the claimants, described the between 2017 and 2019 – including one in on tricky legal ground. But on the other judgment as a “clear and powerful which he was ordered to pay the employer hand, “careless hiring practices” could leave restatement of the importance of costs of nearly £4,000. them exposed and taking any action against basic employment protections”, and In his ruling, Judge Burgher said because a candidate, such as not shortlisting them for said it would shape future cases on of the previous claims, which were either an interview, could amount to victimisation. the gig economy. “The ruling strikes at the heart of Uber’s business model. We anticipate there will be a significant class action against Uber,” he said. “It Wardenfiredfor‘aggressive’messageswasunfairlydismissed will need to refl ect verycarefully on the implications of the judgment.” A physics lecturer accused of about his behaviour. One volunteer In his ruling, Judge Adkinson said Jamie Heywood, the fi rm’s Northern sending “aggressive” messages sub-warden alleged that Sobnack “there had not been so much as and Eastern Europe general manager, to colleagues has been awarded accused her of trying to delay her a beginning of an investigation to said: “We are committed to doing more £15,000 for unfair dismissal after startdate “to avoid carrying out her ascertain” if the allegations against and will now consult with every active an employment tribunal ruled there duties”, while another said he had Sobnack were true, and previous driver across the UK to understand the had not been a proper investigation asked her to work more than her complaints had not resulted in any changes they want to see.” into the allegations. visa allowed and not record it. disciplinary process or sanctions. Dr Binoy Sobnack had taken Sobnack’s communication style Adkinson reduced Sobnack’s up an ancillary role as a warden was described by one complainant basic award by 25 per cent OCK

ST of a students’ hall of residence as “aggressive and confrontational”. because of his own contribution

ER at Loughborough University. As a result of the “strikingly similar” to his dismissal, describing his For employment law advice and TT It was in this role that several allegations, he was discharged from messages as “brusque, blunt and resources, visit hr-inform.co.uk

SHU colleagues raised complaints his warden role. unnecessarily aggressive in tone”.

14 peoplemanagement.co.uk

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softworks.com In practice Real organisations, real challenges

“Youdon’tneed VisitBritain/VisitEngland costlyconsultants–just agoodHRprofessional” The government body used the hiatus in the tourism sector caused by Covid as a golden opportunity to future proof its workforce strategy

evising a brand new people Lang’s main remit, she says, was to create network is now eight, including seven in strategyis a huge undertaking at a more transformational HR function and I&D, which have allowed Lang to tap into the best of times. And it’s even to develop a people strategyto support “latent energy” within the workforce. “As more of a huge undertaking the company’s 300 staff, a third of whom a small organisation, we don’t have much against the backdrop of a global are based across 19 countries, with a new resource centrally, but these groups have D pandemic. But that’s exactly approach to engagement and a particular found untapped enthusiasm none of us what Debra Lang, director of HR and commitment to improving L&D and I&D knew was there,” she says. professional services at national tourism – two areas a deep dive into staff survey And although undergoing a significant agency VisitBritain/VisitEngland, a data revealed were lacking. “The team change project while dealing with a government arms-length body, took on didn’t have the capacity to look further pandemic sounds less than ideal, Lang during 2020 – a process she describes as ahead,” she explains. “The people function is adamant the timing has been a bonus.

UT “like trying to fly a plane and build it at should be there to curate the people Morale, she explains, has been particularly

TO the same time”. But despite tourism being experience, not police it.” After low during Covid, with NS

LI one of the sectors worst hit by Covid, getting the green light to create “Youneeda some staff, including Lang

CO and the government-funded organisation the new approach, Lang spent a herself, even contracting the unable to furlough staff, the timing month talking to a cross-section peoplestrategy virus, so the new strategyhas APHY turned out to be fortuitous. of staff about their experiences, times, “energised” the workforce GR A self-described “lifetime civil servant” discovering “what they enjoyed ingood and given them something

OTO and having previously worked in the and what hacked them off”, butyouneed to focus on. “Obviously

PH Department for Work and Pensions, as well as commissioning an things have been awful, HMRC and the Cabinet Office, Lang all-staff engagement survey and itevenmore which made me question OUSE is currently seconded to VisitBritain/ becoming “best friends” with inbad times” whether it was the right EH

IT VisitEngland from her role as director of the data analysis team to truly time,” she says. “But while

WH people and workplace at the Department understand the results. you need a people strategyin good times, for Digital, Culture, Media and Sport, From this listening work was borne you need it even more during bad times.” NOR

EA having initially been drafted in January a host of staff networks, each run by A particular success of the change work

EL 2020 for a year (now extended to two) to passionate groups of employees to drive has been VisitBritain/VisitEngland’s

RDS shape and enact the organisation’s vision the organisation’s work in their particular youth network creating a virtual week-long for a future-proof people strategy. area. What began as one mental health work experience programme for more WO

18 peoplemanagement.co.uk than 200 students considering a career in the sector – something more than three in five say they’re now keen to pursue. As well as benefiting the students, Lang says the scheme was a positive experience for those who organised it. “I wanted to encourage more young people into the sector, and the youth network has blown my mind,” she says. “The team got a lot out of working with these young people.” And where some areas of the organisation have seen the “volume turned down” because of Covid, other teams have been able to put that spare capacity to use via a workforce interchange network and shadowing (WINS) portal, where departments can advertise their requirements for short- term help, and staff from elsewhere in the organisation can apply to take it on. “We wanted to utilise all our resource across the globe in a positive way,” Lang explains. “Some projects have been started in the US, passed to Europe and then picked up in Australia as the day has gone on.” But despite the limitations of the pandemic, the change work has boosted the organisation’s people metrics. Its latest staff survey surpassed each of the Civil Service People Survey’s five benchmarks around employee engagement, including a nine percentage point increase in those who say the company inspires colleagues to do their best. And Lang is particularly proud that the initiative has cost nothing. “You don’t need to buy in an expensive consultancy for something like this – you just need a good HR professional,” she says. With lockdown measures hopefully being lifted soon and the tourism sector tentatively considering how it will reopen, as well as the organisation itself considering what its model of hybrid working will look like after Covid, Lang is certain it will be in a much stronger place to support the industry as it rebuilds: “The whole company, at one stage or another, has been in total lockdown, and yet we’ve done this fantastic thing. We’ve got a great HR team and an engaged workforce who are passionate and committed to working in tourism, and that will be reflected in how they support the sector.”

peoplemanagement.co.uk 19 In practice Camelot Group “Ishowedmyvulnerability farmorethanIusually wouldatwork”

A personal experience of psychological illness led to the organisation driving a better understanding of its employees’ wellbeing

or many organisations, Covid been, and that talking about mental health One of the project’s main challenges, has been a catalyst for bringing was a positive thing.” she says, was balancing those at the top discussions about mental King’s experience led her to develop a driving and supporting the project with wellbeing in the workplace to the mental health initiative at Watford-based making sure it was lived and believed in fore. But for Rachel King, group Camelot, first telling the CEO about her by the entire workforce. “It’s no good if F HR director at Camelot Group family’s experiences and then her team, it’s just an ‘HR initiative’ or something – the firm behind the National Lottery, which she admits was “not easy at first”, that people do because they think they which raises £30m every week for good but felt it was important to do as a leader. have to,” King explains. “So our approach causes – encouraging conversations about “Talking about something you are dealing was more around saying ‘this is our belief mental health among colleagues began with that is raw shows your vulnerability and it’s fundamental to your working long before the pandemic. more than you would normally let people experience at Camelot’.” King first became an advocate for see at work,” she adds. “But if I couldn’t But the true success of the campaign, destigmatising mental ill-health after her do that, how could we expect anyone else says King, has been thanks to daughter was diagnosed with an eating working at Camelot to be Camelot’s culture. Following its disorder. “As a parent, discovering that was able to talk openly about “Ifyoucan’tbe launch, momentum has been really tough,”she says. “It made me realise their own challenges?” rk maintained by staff rossac the how many of us are struggling with poor And in 2019, Camelot yourselfatwo company through its various mental health, and often those closest to launched its ‘A place to be employee networks, including DD andfeelyou DO you may have no idea and also no idea how you’ campaign. The initiative, those for LGBT+ staff, AN

best to support you.” King explains, is about don’tbelong, women and working parents, LI As a result, King joined the board of bringing your whole self to enyoucan’tdo as well as a culture network JU Mental Health First Aiders England in work, and is based on the idea th and mental health network, June 2018 and became a trained first aider. that “if you can’t be yourself stwork” which became incredibly APHY yourbe GR Through this experience, she realised how at work and you don’t feel valuable when the pandemic little people knew or felt comfortable like you belong, then you can’t do your hit – particularly when Camelot saw a case OTO PH

talking about mental health. “There was best work”. As part of the campaign, staff of Covid among its workforce before the AI

such embarrassment and stigma around at Camelot were offered the opportunity first lockdown had even been introduced. BH something that many of us will experience to be trained as mental health first “We had to adapt really quickly and make RAM at some point in our lives,” she explains. aiders, and the company received more some key decisions as a senior team,” King I OT

“The training gave me knowledge and than 70 applications for just 15 places says. “Right from the beginning we made JY more confidence, and suddenly opened on the course – showing there was “real the health, safety and wellbeing of our my eyes – I realised how judgemental I had positivity” about the initiative, says King. people our number one priority.” RDS WO

20 peoplemanagement.co.uk A large part of this change was simply talking about mental health. For the first time, King and her executive colleagues were asking each other how they were in virtual meetings – something they would never have done pre-pandemic, she admits. “It really highlighted to us the anxiety people would be feeling,” she adds. “After all, we were suddenly in a global pandemic that no one had anticipated.” And as the Covid situation developed, the company continued to work closely with its employees to bolster their wellbeing while working remotely. “We recognised that people adapted in different ways,” she explains. “For some, we know it’s been particularly tough, so we’ve done a lot of work throughout the year on communicating how to look after yourself, which has involved ripping up the rule book on structuring your working day.” Alongside offering flexible working, Camelot recognised some of the other ways the restrictions throughout the last year have impacted staff. The company brought in other initiatives such as ‘Giving you time back’, which followed discussions with the working parents network group, offering virtual classes and entertainment for children to give parents a break. But little did King know how important the firm’s focus on mental health would become when the pandemic started. “When we launched ‘A place to be you’, we had no idea those foundations – a supportive culture and staying connected – would become vital for helping people with their mental health.” And the success of its work during the last two years is reflected in its staff feedback. As well as boasting an engagement score of 92 per cent, the same proportion of workers say they feel they can be themselves at Camelot, and 89 per cent agree their manager does enough to support their health and wellbeing – a figure King says she is “particularly proud of ”. With the Covid crisis hopefully beginning to taper off erov the coming months, next on King’s to-do list is to determine new ways of working:“We’ll be looking at how we can take all the good stuff we’ve learned and adapt our business, as well as considering the purpose of the office and how we collaborate – that’s what we’re looking at in the near future.”

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™ Govia Thameslink Railway In practice “Wewanttoshowwe recruitment campaigns – one in January 2020 and the second in haveopportunities December 2020 – to encourage more female applicants. It invested in a new recruitment website and has partnered with several platforms that focus on promoting female careers, including tobuildacareer” Work180, The Female Lead, Young Rail Professionals and Women in Rail, in a bid to diversify the talent pool. The train operator is working hard to attract The focus, however, was not just on external recruitment, Hudson explains, more female and ethnic minority drivers but also on developing talent internally. “We’re great advocates of internal The problem GTR didn’t have a great reputation, career and personal development, Theai r l industry has traditionally been, so we have also had the challenge of and I’m a good example of someone and still is, a male-dominated sector. changing people’s perception of us as who has worked their way up from But train operator Govia Thameslink a business and as a place they want to the frontline to senior management. Railway (GTR)– one of UK’s largest work,” she says. It’s about showing people there are train companies and operator of the So Hudson and her team set out opportunities for them to build a career Thameslink, Southern, Great Northern to address this challenge and not path,” she says. and Gatwick Express services – has only improve the number of female been on a mission to change this. applicants for train driver roles, but The outcome “We wanted to challenge the status also the number of people with ethnic In the latest campaign to recruit trainee quo and be more representative of the minority backgrounds. drivers, 17 per cent of applicants were communities we serve by attracting female and 34 per cent had ethnic more diverse talent,” says Zoey The solution minority backgrounds. Hudson Hudson, head of talent, diversity and As part of its wider diversity and acknowledges that while this number inclusion at GTR. “Three years ago, inclusion strategy, GTR ran two of female applicants is still low in comparison to the number of male applicants, it is much higher than the previous recruitment round, which stood at 11 per cent. Of GTR’s current drivers, only 8 per cent are female – the industry average is 5 per cent – which Hudson says “demonstrates the importance ALVEY of putting a focus on female ER recruitment in this area”. “We PET haven’t cracked it by any means yet, but we are making progress,” APHY

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S female, and its target this year call for more female train drivers RD and decided to apply is to get that figure close to 50

WO per cent.

peoplemanagement.co.uk 23 Brexit

Will Brexit bring a talent exodus? Three months in and we’re yet to see the full effect of life outside the bloc. But for those businesses reliant on overseas staff, RING'SB it’s a different story SP IGG ES T WORDS JO FARAGHER

t’s a job that pays around £40,000 a can’t be year but few people want to do it, and met by the S I it can’t be done by a machine. So when domestic P R ‘chick sexers’– who determine whether labour market, ING ST young chickens are male or female so this has led 'S BIGGE they can be sorted for meat or eggs – were to concerns that added to the skilled worker list set by the businesses could face the Migration Advisory Committee, poultry double whammy of an exodus of migrants farmers breathed a sigh of relief.Butchers, leaving the UK because of the pandemic, bricklayers and deckhands have also been and fewer entering the country thanks added to the list of shortage occupations to the limitations of the immigration for which there are not enough resident system. Data from the Office for National workers, offering a smoother route for Statistics found there were 795,000 fewer migrant workers to come to the UK. foreign-born workers in Britain in the Recruitment may be last on the final quarter of 2020 than a year earlier, priority list for some industries during and almost a million fewer foreign-born the pandemic, but for many organisations residents over the age of 16. – almost five years since the referendum – For many employers though, it’s still the reality of bringing in staff omfr other early days. At Swansea-based translation countries has become more complex. services company Wolfestone, the fact Since the points-based immigration everyone is still working remotely means system was introduced on 1 December the impact of the points-based system 2020, and freedom of movement for EU has been minimised. “Our translators citizens in the UK and vice versa ended have always worked remotely across the from 31 December, any employer relying globe, so our business model was uniquely

COM on workers from EU countries faces a set well-positioned to cope with changes to LI of hurdles and timescales that could put immigration rules,”says managing director HAL the brakes on their talent plans. Where Alex Parr. “However, we do anticipate NC demand for roles or skills requirements the long-term impact of the points-based JO

24 peoplemanagement.co.uk Wit h around 17 per cent of i ts workforce made up of non- British nationals, the adult social c are sector could be hit hard by the new immigration system

peoplemanagement.co.uk 25 Brexit system to be negative for business in the Th e requirements of the new system (see industry, this will be extremely helpful UK in general. Although we’ve shift ed to box on page 27) are arguably less onerous as the sector brings in 29,000 seasonal remote working, there are also many team than they could have been: the salary workers per year. “Until 2019, 99 per cent members who look forward to returning to and skills thresholds were lowered from of seasonal jobs were fi lled by workers the office at least a few days a week, and we original proposals, and accommodations travelling here from the EU and working want our offices to be a hub for important have already been made. Th ere is a new from spring to early autumn; in 2020 the collaboration and exchanging of ideas. So graduate visa route, open from 1 July, that mix was around 70 per cent EU nationals we are still wanting to hire for positions that will allow fi rms to bring in foreign citizens returning,around 20 per cent non-EU are in person, or at least fl exible.” who have fi nished their studies in the UK nationals (mostly from Ukraine, Russia Following an employee survey, the fi rm for up to two years with no minimum and Georgia) on the pilot seasonal workers has decided to offer staff the opportunity to wage threshold or skill level, and in scheme, and 10 per cent UK residents,” work fully remotely “where this is possible any role. “This is huge, especially for explains chairman Nick Marston. and where tax requirements are met”. But smaller businesses,”says Jonathan Beech, Farms have worked hard to boost local Parr is pessimistic about the impact the new managing director of Migrate UK. “But recruitment – for example, offering more system could have on skills. “Our concern is organisations will need to think ahead, fl exible shift ttepa rns and helping existing that, given there is already a huge language and if they fi nd graduates they want to EU workers to gain settled or pre-settled skills shortage in the UK, we may not be retain after two years they’ll need to think status – but challenges persist. “There is able to fi ll our in-house roles with talent about sponsoring them under the skilled an ever-diminishing number of workers with native-level European language skills worker route six months in advance. Th e from the EU available for seasonal work in the future,” she says. graduates themselves will be savvy to this as, for instance, the Romanian economy To address this, Wolfestone has recently too, asking employers to sponsor them builds and unemployment falls, and this opened an office in Romanian capital sooner rather than later.” will be a continuing trend,” Marston Bucharest, where it will have access to Th e Home Office also removed the adds. “Recruitment from UK residents multilingual graduates. CEO Anna Bastek resident labour market test, which required has very limited potential with low levels worries that many European migrant fi rms to advertise jobs to UK applicants of unemployment, especially in rural workers will not meet the required 70 fi rst for at least four weeks and in two areas, and the built-in fact that a seasonal points to work in the UK, and industries media outlets. Another change is that staff job is less attractive than a permanent will suffer as a result. She says: “If this on intra-company transfers can one to anyone who has system had been in place when I arrived in change their immigration status to commitments in the UK such the UK 17 years ago from Poland, it would ‘in country’ so they can stay longer “Bytappingin as family, housing or rent.” have been unlikely that I would have met and switch employers without localtalent Covid has complicated the strict criteria to get a visa. Th is means having to go through a long matters further, with our company wouldn’t exist and 60 jobs cooling-off period. “This changes we’resecuring social distancing measures in the UK wouldn’t have been created, as things massively for mobility,” adds thefuture of reducing the number well as thousands of freelance roles and Beech. “We see this a lot with tech of workers that can be two successful acquisitions.” companies that recruit many staff thehospitality transported on minibuses, For businesses used to sponsoring from India. Previously they would industry” for example, and requiring employees from non-EU countries, the fi nish a project for an employer, higher levels of supervision new system will be no surprise, according go back overseas and have a cooling off to ensure rules are followed. Restrictions to Adam Hoefel, solicitor at immigration period, not able to return for sponsored on foreign travel this summer will only law fi rm Gherson. “But if you’ve never employment here for 12 months. Now exacerbate the situation. had to engage with it previously, this can they can come back immediately under the In less ‘hands on’ roles, organisations have a huge impact on your recruitment skilled worker route, for the same employer are using the switch to home working processes, and adds huge costs if you’ve or for another, fi lling permanent vacancies to reassess their approach to workforce never previously had to rely on migrant that can lead to settlement.” planning and the role of location within workers,” he explains. Employers will need But while the lower skills and salary that. Tata Consulting Services (TCS), to cover the cost of a sponsor licence, thresholds (and the addition of around 140 an IT services fi rm, has “no major plans the immigration skills charge and the roles to the shortage occupations list) have to recruit from the EU” despite holding immigration health surcharge, as well widened eligibility for visa sponsorship, a sponsor licence. “TCS’s talent strategy as application fees – likely to top £5,000 sectors hiring at relatively lower skills levels in the UK has involved a diverse mix of before they’ve even taken the employee’s and pay rates could face real challenges in workforce development, which includes family members into account. Sponsors fi lling roles. One welcome announcement graduate trainees, hiring experienced can ask recruits to pay their own application has been a trebling in the number of technologyprofessionals and deputation fees but cannot pass on the immigration available seasonal worker visas this year to of employees on international assignments,” skills charge to individuals. In roles where 30,000 to help farming companies harvest says Ramkumar Chandrasekaran, head competition for talent is fi erce, covering produce. According to British Summer of HR for UK & Ireland. “While the visa these costs could be the dealmaker. Fruits, the industry body for the UK berry changes make it easier to bring in some

26 peoplemanagement.co.uk Career crossroads

The increase in the number of se asonal worker visas to 30,000 has been welcomed by farming companies

HOW DOES THE POINTS SYSTEM WORK? The UK opened the points-based immigration require fi rms to place a carefully worded job end of 2020 can apply for the EU settlement system for visa applications on 1 December advertfor 28 days, has now been removed, scheme until 30 June 2021. People with fi ve 2020. The system treats workers from the EU shortening hiring times and reducing red tape. years’ continuous residence should be granted and non-EU countries equally, and requires The cap on applications was also scrapped. settled status, while those with shorter employers to acquire a sponsor licence to hire residence periods can acquire pre-settled eligible employees from outside the UK. status, and switch to settled after they’ve ‘Eligible’ employees are those who can reach a What’s new? reached fi ve years. total of 70 points by matching certain criteria In early March, the Home Office announced a set by the government. These include (some new graduate visa route that would be open to are tradeable): applications from 1 July 2021. Any international What might be on the horizon? student who has completed an eligible course In this spring’s budget, the chancellor ● A job offer from an approved sponsor (20 points) at a UK university can apply, and stay for a announced a new ‘elite’ visa, which is maximum of two years (or three for doctoral understood to be launching in spring 2022. ● Meeting the appropriate skill level (RQF 3 or students). Employers can use that time to plan There is little detail on who will qualify for the above, equivalent to A-level) (20 points) ahead for acquiring longer-term sponsorship route yet, but it is thought it will enable highly ● Speaking English to a certain standard via the skilled worker route. skilled migrants in ‘scale up’ industries such as (10 points) In 2020, shortly before the pandemic hit, the fi ntech to gain fast-track access to a visa with ● A salaryof £25,600 or above (can be lower MAC published a review of how the shortage no sponsorship or third-party endorsement. in certain cases) (10 points) occupations list works ahead of the The government will also review the innovator introduction of the points-based scheme. One visa, which is open to entrepreneurs but has ● A job in a shortage occupation as set by the so far had limited uptake. Migration Advisory Committee (MAC) of the recommendations was that the list of

ES (20 points) roles is reviewed more frequently to respond Spring 2022 could also see the launch of a

AG to the uncertainty created by Covid. Recent new visa category known as global business IM ● A PhD relevant to the job (more points if it’s a additions to the list include senior social care mobility, which covers intra-company TY STEM subject) (10 or 20 points) workers, pharmacists and physiotherapists. transfers and eases the way for overseas ET Many employers welcomed the drop in skills /G businesses to establish a presence in the UK

RG level from a degree requirement to A-level, as and transfer staff. The MAC is investigating well as a drop in salaryfor certain roles. The What about existing EU staff ? this and is due to deliver its recommendations resident labour market test, which used to Employees who were living in the UK before the in October. BLOOMBE

peoplemanagement.co.uk 27 Brexit

niche skills, this will only augment workers could go freely the labour market becomes tighter and our continuing investment in hiring “Startapplying between offices in the the economy reopens post Covid, I’d in the UK.” forasponsor EU. Now rules will vary expect many more businesses to realise the TCS plans to recruit more than depending on state and urgency of going down this route as there 1,500 UK-based graduate trainees licencenow HR will have to check are not enough candidates to choose from.” this year, but technologywill allow becauseitcan that, meaning there will For many, one of the key strategies will it to access talent from anywhere in be more delays and less have to be building a domestic pipeline of the world, he adds. Th e company takeweeksto fl exibility in terms of workers, however slow. Hospitality charity has built what it calls the ‘secure toplace” workforce.” Springboard, for example, plans to train borderless workspace’, based on cloud getin Hoefel advises fi rms up 10,000 young people ready for work infrastructure, collaboration tools and to anticipate the skills they will require and able to support the sector’s recovery by virtual project management practices. It and where they might come from: “If you 2022. CEO Chris Gamm says this needs to has also created a virtual ‘talent cloud’, a already have EU staff, ensure their right-to- be a nationwide effort. “There is so much pool of consultants available for any project work checks are up to date and they have talent out there and I truly believe the in any location as per client demand and applied for settled status before the end of hospitality sector will come back stronger, project requirement. Flexibility on location June and, if you foresee the need to recruit but this will only happen if there’s great and the ability to manage remote workers from overseas, start the process of acquiring people behind it, trained with the right will be crucial for tech companies like a sponsor licence as this can take weeks to skills,”he says.“By inspiring and tapping TCS moving forward: research by the get in place.” Workers who frequently travel into a pipeline of local talent we’re securing Learning and Work Institute has predicted to other countries on projects may need a the future of the hospitality industry, and a “catastrophic” digital skills shortage in frontier visa worker for each country, he also equipping the next generation. Th is years to come, while demand for artifi cial adds, or have to apply for a temporary work comes hand in hand with providing the intelligence, cloud and robotics expertise permit in each of those countries. right training, so we can ensure they are far outstrips supply. Marja Verbon, chief operating officer able to build long and fulfilling careers.” Although it might be slow going for of recruitment fi rm Jump.Work, says most In a year that has seen West End recruitment plans and employee mobility companies are focusing on recruits who musicians retrain as delivery drivers and while pandemic travel and working already have a right to work in the UK millions supported by the government’s restrictions are in place, that doesn’t mean rather than jumping through this new set furlough scheme, the pandemic will clearly businesses shouldn’t get their houses in of hoops. “When businesses do decide influence the supply of UK labour. Th e order. “It will be possible to look at each to go through with sponsorship it tends truth is, the impact of the immigration hire on a case-by-case basis, particularly to be for higher-paid and more senior system is so inextricably linked to the while movement is drastically reduced,” roles. Getting the sponsorship licence is fallout from Covid that we’re unlikely to says Natasha Chell, partner and head still a cost and time investment, as well as see the full picture for some months yet. of risk and compliance at Laura Devine a responsibility, meaning that many have ✶ For guidance on post-Brexit planning and employing foreign Immigration. “But gone are the days when not yet taken the jump,” she says. “Once nationals, visit the CIPD’s Brexit hub at bit.ly/BrexitHubCIPD

SOCIAL CARE: “WE NEED A PIPELINE OF SENIOR CARERS” The recent addition of senior social care recruitment prospects: “We’re unable to fi ll that The organisation offers “sector leading” rates workers to the Migration Advisory Committee’s level of vacancies in the UK, so we have no of pay and benefi ts, and has reduced attrition by shortage occupations list was a welcome one. option but to go outside, and we need to build up 23 per cent year on year. The vast majority of According to Skills for Care, 17 per cent of the a pipeline of senior carers. But those in the more roles it has open are not on the shortage adult social care workforce in 2019 was junior roles will always be needed.” occupations list, but Sunrise and Gracewell will non-British nationals. The sector has faced a At care provider Sunrise Senior Living and campaign to drive changes. “We’re particularly perfect storm this year, with Covid absences Gracewell Healthcare, around a fi fth of the staff interested in lobbying for the new visa meaning teams are spread thinner than ever, come from the EU, although this is as high as 40 arrangements to include carers, as the absence and exhaustion threatening an exodus of staff. per cent in some homes. Sharon Benson, senior of these roles on the shortage list will likely Approximately 430,000 care workers leave the director of HR, has kept a close eye on the new create challenges for the sector,” Benson says. profession each year, and around 7 per cent of immigration system since it was introduced. One potential area of focus is career roles are vacant at any one time. “It’s better late “We are taking this into consideration for our changers from industries badly hit by the than never, but if the decision had been made recruitment strategies and also modelling how pandemic, such as hospitality. “We have earlier we could be in a better place,” says this could affect our attrition rates, particularly housekeepers who have been instrumental in Nadra AhmAhmed, chchairmanairman of t thhee NatNatiionalonal at tthhosose cacarree hhomeomes ththaatt empemploloy mmorore teteamam infection control this past year; we need chefs,

COM Care Association.

LI members ffrroomm ththee EEUU,,”” sshhee sasayyss.. nutritionists, entertainment managers and It’s still early days, but Ahmed “However, we do ccooncenncentrate mmanany dementia specialists. People don’t always HAL is hopeful the change will drive of oourur e effff orts on reretteennttiioonn to kkeeeepp realise the range of jobs available in a care NC

JO an improvement in talented ststaaffff wwithinithin o ourur hhoomemes.” home,” she says.

28 peoplemanagement.co.uk 28 peoplemanagement.co.uk Financial wellbeing matters for every individual in every organisation.

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30 peoplemanagement.co.uk jabs: Vaccines NoNo,, vvaacccinescines shouldshould bbee director at GattGattaaccaa,, tthheessee popolliicieciess optional could eexxaaccerbaerbate ththee eveveerr--tthhiinnnniinngg lliinnee Th e commercial aanndd safesafettyy bbeenneefifi tsts between worwork anandd peperrsosonal lliivveess dduuriring of ‘n‘noo jajabb,, no jobjob’ popolliicieciess araree the pandemic. “Policies lliikkee ththiiss rereaallllyy compelling, aanndd as a reressuulltt mmororee blur ththee lilinnee bebettwweeeenn woworrkk anandd peperrsosonal businesses aarree seeseeking leleggaall adadvviiccee choice, anandd ththaatt is alalrreeaaddyy blurred wiwitthh on ththee topictopic. Th isis is tthhee exexppeerriieennccee tthhee pandemic anandd remoremottee woworrkkiinngg,,”” of BeBevveerlrley SuSunnddeerlrland, managing says CrCroossss,, adding tthhaatt ululttiimmaatelytely ththee director of CCrorossland EEmmppllooyymmeenntt notion of ‘‘nnoo jajabb,, no jjobob’ “f“feeeellss exexttrreemmee”” Solicitors, who has bbeeeenn coconnttaactcted and wonwonddeerrss where busibusinneesssseess wiwillll o? by “a lloott”” of clcliieennttss wawannttiinngg to puputt a draw ththee lilinnee.. I N G ' S B vaccine popolilicy in place. Th is vviieeww is sshhaarreedd by NeNeiill MMoorrrriissoonn,, S P R I G G However, bebecacause the vavacccciine,ne, group HR ddiirreeccttoorr at SevSevern TrTreenntt,, who E S at titimmee of ggooiinngg to prpreessss,, is nnoott yeyett says while his orgorgaanniissaattiioonn eenconcouurraaggeess T available to ththoosese ununddeerr 40 aanndd nonott employees to have ththee jjaabb,, it ddooesesn’t recommended ffoorr sosomeme grgrououps, believe in mandating it bbeecacause ooff including tthhoossee who are prpreeggnnaanntt,, various ““ddememographic ddiissccoommffoorrttss”” Sunderland wwaarrnnss of the popotteennttiiaall when it ccoomemes to iinnooccuullatiatioonnss.. ““WWee S didissccrrimiiminnaattiioonn claclaims tthhaatt ccooulduld know, ffoorr eexxaammppllee,, tthhaatt ppeeooplple P R I arise from puputtttiinngg a mandatory jjaabb from eetthhnniicc mmiinnoorriittiieess ssoomemetimes N G ' E S T policy in plplaacce.e. ““IImmmmeeddiiaatelytely have scesceppticticiissmm aabboouutt vvaacccciinnaattiioonn S B I G G you aarree didissccrriimmiinnaattiinngg against programmes, partly to do wwiitthh young ppeeooppllee anandd prpreeggnnaantnt ththee [[llaacckk ooff]] ttrruusstt with t thhee new and existing contracts, and they seem women,” sshhee sasayyss.. establishment in tthhee UUKK,, aanndd to think it can happen under health and She alalssoo ppooiinnttss oouutt ththaatt people wwiitthh uunnddeerlrlying hheeaalltthh safety law,” he explains, although caveats people who do not belbeliieevvee conditions aallssoo h haavvee ccooncncerns that with: “I’m sure there will be a few in imimmunmuniissaattiioonnss araree ababoouutt i itt,,”” eexxppllaaiinnss MMoorrrriissoonn.. [legal] problems initially.” likely prprootteecctteedd ununddeerr ththee “We sshhooulduld be eenconcouurraaggiinngg And indeed, Mullins seems to be on philosophical bebelliieefsfs sesectictioonn education aanndd eexxppllaannaattiioonn the right track, at least regarding health of ththee EqEquuaalliittyy AAcctt anandd rather tthhaann ttrryyiinngg to compel and safety, says David Sheppard, potentially uunnddeerr people to have iitt.”.” employment lawyer at Capital the Eu ropean Asked wwhethethheerr tthhee su dden Law. “Businesses have a duty “These policies Convention ofof trend of ‘‘nnoo jjaabb,, no jjobob’ ccooulduld of care under common law and make ffirmslookirms look Human RiRigghhttss become a ssttaannddaarrdd ppaarrtt ooff health and safety legislation too. “E very woworrkkiinngg pprraaccttiicce,e, MMoorrrriissoonn to ensure a safe working authoritarian business is ggooiinngg says it is uunnlliikkeellyy.. ““WWee environment for employees, but andandlike like ththeyey to hhaavvee to l lookook don’t hhaavvee tthheessee kkiinnddss ooff also visitors and customers using at what tthheeyy aarree policies aarroundound aannyy ootthheerr their premises,” he explains, haven’t tthhoughtought trying to pprrototect vaccination so it feelsfeels lliikkee adding there are “clear potential ititthro through”ugh” and wh at tthheeyy aarree the llononger ttiimmee ggoeoess on tthhee benefi ts” to having a policy in trying to aacchhiieevvee,, less lliikkeelyly iitt will be to hhaavvee terms of rrepueputtaattiioonn anandd alalssoo cocommemmerrcciaially, and ccoonnssiiddeerr eeacach rroleole on on a any ccooncncerns [[aabobout tthhee as cucussttomeomerrss wowoulduld lilikkeellyy hhaavvee “more case-by-case babassiiss,,”” SSuunnddeerrllaanndd vaccine],” he ssaayyss.. ““II’’mm nnoott confi dedennccee to ususee ththoosese seserrvviicceess””.. says. WWhheenn askaskeedd if tthhereere aarree aanyny aware of an orgorgaanniissaattiioonn But wh en it ccoomemes to making exexcceepptiotionnss benefi ts to an orgorgaanniissaattiioonn aassiiddee that ccoommppeellss ppeeoopleple t too for ththoosese who cannot hahavvee ththee vavacccciine,ne, from ccaarree h hoomemes and hoshosppiittaallss have tthhee fl u jjaabb aand,nd, while or coconcncerns aboabout didissccrriminiminating aaggaaiinnsstt introducing ssuucchh a ppoolliiccyy,, shshee ssaayyss Covid is mmorore ddeeaaddllyy,, iitt those who eieitthheerr cacannnnoott or chochoose to nonott there aarree nnoonene: “I tthhinink it makes doesn’t sseeeem lliikkee tthhaatt iiss have ththee jajabb,, MMuullllins is cclleeaarr.. “People hahavvee them llooookk aauutthhororitarian aanndd lliikkee an eessttabablished pprraaccttiiccee.. their own vivieewwss anandd opopiinniioonnss,,”” he says. they hhaavveenn’’tt tthhoouugghhtt it tthhrroouugghh..”” It’s uunnlliikkeellyy that lloonnggeerr “I’ve been totolldd it’sit’s ddiisscrcriminatory oorr that It is posposssibliblee,, tthheenn,, tthhaatt iiff term we w wooulduld ddoo I’m a ddiicctatator, bubutt I’I’mm rurunnnnining a successful businesses ttaakkee a bbllaannkkeett aapppprrooaacchh that wwiitthh tthhee CCoovviidd business anandd I wawanntt to make susurree itit to v vaacccicines, t thheeyy ccooulduld llaandnd vaccine.”e.” continues. If someone dodoesesn’t wwaanntt ttoo themselves in legal hhoott wwaateter. But ✶ Read ththee CICIPPD’D’s eemplomployers’ have ththee jajabb it is tthheeiirr chchoioice, bbuutt ththeeyy ccaann’’tt what aabobout tthhee mmororal ccoonnssiiddeerraattiioonnss?? guide to prpreeppaarriinngg for ththee Covid-19 vaccines at bitbit..lly/y/ come anandd woworrkk foforr PPiimlimliccoo PlPluummberberss.”.” According to CCllaaiirree C Croross, HHRR CipdVaccineGuide

peoplemanagement.co.uk 43 ING'SB SPR IGG ES T

S PR IN T G'S BIGGES

32 peoplemanagement.co.uk Fire and rehire “ALL YYOOUU HAVE TO DODO IS SSIGIGN TTHHEE CONTRACT” Covid, Controversial ‘fire and rehire’ tactics hit the headlines during OTO but there are less dramatic ways to change conditions en masse PH WORDS FRANCIS CHURCHILL OTO PH K OC ST s with myriad other dubious a backlash after it announced plans to cut worse employment contracts or risk workplace practices, the process 12,000 jobs completely and re-employ losing their jobs. ALAMY

Aof terminating employees’ E/ the remaining 30,000 staff on less In January this year, the TUC released IV

contracts and re-engaging them on new, favourable terms following the dramatic research suggesting as many as one in 10 CH often worse, terms – dubbed ‘fire and drop in passenger numbers caused by the workers had been told during lockdown AR E rehire’– has been brought to widespread pandemic. Th e airline’s CEO, Álex Cruz, last year to reapply for their jobs on VI attention during the Covid pandemic as eventually stood down over the row. worse terms and conditions, or face the MO big-name businesses grapple to dampen British Gas also faced the threat of sack. But as Alex Watson, director at ER

the economic fallout. Gracing newspaper strike action from its workers after law fi rm Fieldfisher points out, the use SHET headlines particularly frequently during unions accused the fi rm of trying to of fi re and rehire tactics only makes MA 2020 was British Airways, which faced force its 20,000 employees to accept the news when it’s done badly – which Fire and rehire

normally happens when businesses are good faith and not outside what was Part of the reason for this is most in distress. It’s perhaps no surprise, envisaged when the clause was drafted, that contract negotiations are then, that the economic impact of the says Willis. “If you’re talking about much more public than they used pandemic has brought the issue to the a major change in terms of conditions, to be – what Watson describes fore. But this might also be just the start of one of those clauses almost certainly as a “lack of confidentiality in a wider increase in the use of such tactics as won’t be enough.” He adds that tribunals a technological era”. Messaging employers start to think more strategically tend to interpret any ambiguity in about coconnttrraacctt cchahanges ththaatt wwooulduld,, about the future of their workforces. “Over contracts against whichever party is before social media, have been the next three to four years we’re going to seeking to rely on it, meaning employers restricted to 20 people in a room, see a lot more dismiss and re-engagement- should not hedge any bets on benefi ting now get amplified and picked up type cases,” says Watson. “Instead of just from any ambiguity in their contracts. by a public becoming increasingly being reactive to coronavirus, with things Businesses can also attempt to attuned to isisssuueess of woworrkkeerrss’’ ririgghhtts.s. like Brexit, new ways of working and new unilaterally impose new contract terms, But not everyone agrees that cost-saving elements, there are going to be but this could be potentially worse than fi re and rehire still has a place in changes across shifting work and changing fi re and rehire. Not only is it just as legally modern employment practices. workplaces. So there will be a lot more of and reputationally risky, it also creates “It’s a loophole. It shouldn’t be these sorts of schemes.” added uncertainty. “It relies on [the there,” says Duncan Brown, On the face of it, the concept of fi re and employee] doing nothing,” says Watson. principal associate at the Institute rehire is simple. An employer that wants or Th at said, Watson still describes fi re and for Employment Studies. “If you needs to put employees on a new contract – rehire as the “nuclear option”, only to be put people on permanent paying be it to make their workforce more fl exible, used when all else has failed. Generally, conditions and terms, then you move employees to a diff erent location businesses are advised to try and come to need to stick to those. Th at’s what or cut costs by reducing wages, benefi ts a negotiated voluntary agreement with a contract is. If you’ve signed a big or hours – can terminate their existing as much of the workforce as possible, contract with a supplier, you can’t contracts and re-engage them on a new and reserve fi re and rehire for those who, suddeddennllyy sasayy to tthheemm ‘‘wwee’’rree gogoiinngg toto one. But the process is risky – and rightly for whatever reason, are still resistant to destroy ththee ccoonnttrraacctt anandd puputt a new so. “A dismissal in these circumstances change. “If you had 30 people who just one in ththaatt papayyss lleessss’’.. If youyou cacann’’tt do iitt is still a dismissal, so it may give rise to said no, that’s the point at which you’d to suppliers, why should yoyouu be aabbllee the right to claim unfair dismissal if not have to say ‘we can’t to do it to employees?” handled properly,” explains Andrew operate 30 people out of Looking back at some of the Willis, head of legal at Croner. 500 on a diff erent type “Fireand major jobjob cutscuts anandd reressttrruucctturures Employers also don’t have an automatic of contract’.” rehireis stilla employers have gone through right to fi re and rehire, and need a good Employers also need in tthhee pastpast,, BBrroowwnn sasayyss it’s cclleeaarr business reason to do so – although unlike to be aware that, even dismissal, so the fi rms turning to fi re and a more straightforward redundancy, though it’s not the maygiveriseto rehire araree ththee oneones ththaatt apapppeeaarr toto the reason doesn’t have to be because of same as a traditional have wiwiddeerr lleeaaddeerrsshhiipp pproroblems. a reduced requirement for work. Under redundancy process, aclaim ofunfair Centrica, owownneerr of British GGaas,s, fi re and rehire, employers need to be if fi re and rehire puts dismissal” for example, announced its able to show a pressing business need to 20 or more individuals second ttururnaround p prorogramme justify dismissals, oft en referred to as a from the same site at risk of redundancy, in fi ve years in February, after its SOSR (some other significant reason) then the same collective consultation rules earnings fell by moremore ththaann a thirthirdd llaastst dismissal. In practice, this often boils down apply. And while the Acas code doesn’t year. And eevveenn befbefoorere tthhee ppaannddeemmiicc,, to a commercial decision for employers, apply to these cases, Willis warns that any British AAiirrwwaayyss wwaass ffacacing ppiilloott ssttrriikkeess says Willis: “How pressing is the need for tribunal will still have it in mind. over a llonong-running ppaayy ddiissppuuttee aandnd change? What is the need for change? Th e But this is also not without risk. For had a nunummberber of tteecchhnniiccaall pproroblems, employer may need to take drastic action example, in 2019 supermarket chain including a glitch in 2019 that to avoid redundancies. But it needs to be Asda looked to modernise its contracts, cancelled or ddeellaayyeedd 550000 fl iigghhttss,, as wweellll something pretty pressing, serious and ending paid breaks, making night shifts as a dadattaa bbrereach iinn 22001818 ththaatt rreessuulltteedd iinn substantive for a tribunal to be satisfied shorter because they were premium, a £183m fi ne. that it was reasonable in the circumstances and allowing for more fl exibility with In comparison, after the 2008

ES to go down that route,” he explains. shift patterns. “They weren’t the most fi nancial crisis, car ma nufacfacttururer JaJagguuaarr

AG Th ere are also other solutions businesses draconian or onerous changes, and they Land Rover managed to negotiate IM should consider fi rst. If there are balanced it by giving a pay rise,” says similar temtemporary ccuuttss,, anandd tthhrreeee yyeeaarrss TY

ET unilateral variation or fl exibility clauses Watson. “And they actually did a really later ggaavvee 6 ppeerr cceenntt papayy aawwaarrddss bbececause /G in the existing employment contract, an good job in terms of the way they went the fi rrmm’’ss rreeccoovveerryy wwaass gogoiinngg so welwelll.. RG employer can consider leveraging these. about a consultation process. But they still “You nneeeded ddeecceenntt lleeaaddeerrsshhiipp who hhaavvee However, unilateral changes also carry got an absolute kicking in the press and a ccoonnssuullttaattiioonn aanndd nneegotigotiation ssttrruucctturure risk. Th ey need to be proportional, in had a real PR issue.” in place to be able to sit down with BLOOMBE in place to be able to sit down with

34 peoplemanagement.co.uk British Airways faced heavy criticism bs after revealing plans to cut 12,000 jo completely and rehire its remaining s 30,000 staff on le ss favourable term

peoplemanagement.co.uk 35 Fire and rehire

employees and their representatives,” says Brown, who also stresses the importance of being transparent about a company’s financial situation. “That’s how Royal Mail and Jaguar Land Rover did it – they kept their employees informed. They understand if there’s a dire situation because of a pandemic or recession then, unless costs are cut, jobs are going to go.” Summarily cutting employees’ pay or conditions by “essentially holding a gun to their heads” is also unlikely to improve When Panasonic had to close one of its morale, Brown adds. “Even if the people plants,it remained open and transparent with staff to ensure it was a positive accept the changes because they’re forced to experience for everyone involved and they want a job, how are you ever going to get high-performance work?” While for Brown, fire and rehire can never be justified, it is possible to opinion,” Watson says. “Once the genie’s justify a negotiated reduction of terms. out the bottle and a bad message has been understand the situation,” he says. It also What is needed, he says, is a strong case put out there, it’s hard to bring back,” he helped to have HR involved early because for change and a collective bargaining adds, urging firms to be mindful of how any big decision about a firm is really structure, noting that while Royal Mail messaging might be perceived on social about the people who work for it, and the had a difficult time with its union when media or by wider groups of staff who may impact it will have on them as individuals, it modernised its contracts, there were not have been in meetings first hand. Kalman explains. “Panasonic’s basic benefits to having a collective bargaining When making practical considerations business philosophy was very much about structure in place. “I’m sure every union around restructures and contract looking after the staff,” he says. member doesn’t agree with the deal, but renegotiations, it is perhaps most At the time – and to collectively the deal has been done. That’s important that businesses do not “Thingswill some extent now – the the advantage of trade unions,” he says. forget their morals. “It boils down to firm had a philosophy Other considerations such as planning values,” says Danny Kalman, former change,but of lifetime employment and messaging are key in any contract global head of talent at Panasonic whatshould and, if one location closed renegotiations – especially where and now CEO of Ella Forums. down, it would move organisations are taking a more strategic “Once you’ve established your neverchange employees to another approach to the future of their workforce values, then any kind of reflection isyour Panasonic entity. “Of – and employers need to think about their you have is around how to frame course, that wasn’t the rationale behind contractual changes and the decision,” he explains. While values” case in Europe, and there how different groups in the workforce Kalman was European HR director were many examples of might respond. “If you have to go through at the Japanese tech giant, he oversaw the closures and redundancies. But what was these processes quickly because you’re closure of a major plant in Wales that key was this philosophy of ‘what can we under pressure, for example the alternative made televisions, when it became unable do to support the employees?’” is redundancies, then OK,” says Watson. to compete on cost as the market became Businesses are constantly faced with “But if it’s because you’re planning for more competitive and rival producers set difficult decisions – whether it’s during what five years looks like in your revenue up in countries with cheaper labour. But a global pandemic or in more normal modelling, then giving yourself as much what could have been a public relations times, there will always be employers lead in time as possible is crucial.” nightmare ended up being a positive that have little choice but to restructure To get the planning and messaging experience for many involved: “Closing their workforce if they want to continue right, it’s important to be transparent and that factory could have led to a lot of operating. But ultimately, they do have approach the workforce – including unions bad publicity,” he says. “But the reverse a choice about how they go about it. and employee representatives – early. “That happened, and people were saying how “To survive as an organisation, you’ve got machine is quite hard to contain,” says wonderful Panasonic had been.” to adapt to the situation,” says Kalman.

ES Watson of the internal planning process, The key to managing the closure, says “Technology is going to change, your

AG adding it can be damaging to negotiations Kalman, was transparency and openness customers are going to change, the IM if the other side feels things have already with the workforce: workers need to be market’s going to change, you’re going to TY

ET been decided before it comes to the table. communicated with in a way that makes go into international markets, you’re going /G “Talk about what your proposals are, even them feel respected and looked after. to adapt to digitalisation and you’re going RG if you’re only saying ‘this is how we think “There was that genuine involvement to adapt to the prevailing circumstances. it’s going to go, but we want to give you a with them, treating them as equals But the one thing that should never heads up’, then at least you can canvass an and intelligent people who can truly change is your values.” BLOOMBE

36 peoplemanagement.co.uk Streamline your onboarding process and enhance employee engagement

0845 370 3210 [email protected] www.frontiersoftware.com

OFFICES IN AUSTRALIA, INDIA, MALAYSIA, NEW ZEALAND, PHILIPPINES, SINGAPORE AND UNITED KINGDOM UTa xi forber The Supreme Court’s recent ruling is set to send shockwaves through the

t’s one of the most highly anticipated for gig economy workers, as well as better specialists what ramifications the court’s and closely followed cases of its kind security and certainty, employment status judgment could have for other businesses, I in recent years, but the Supreme has been a hotly contested topic. And with and what they should be doing to prepare. Court’s ruling in February that Uber’s the Supreme Court ruling in the drivers’

SE 70,000 UK drivers are workers – and as favour, as well as Just Eat announcing in Why is the Supreme Court’s decision OU such entitled to receive minimum wage December it would pay its workers hourly significant? EH

IT and benefits including holiday pay and rather than per job and offer benefits, plus Ben Willmott: It shows the ongoing pension contributions – promises to a top investment firm reportedly refusing confusion about the issue of employment WH

R shake up employment status and have to invest in competitor Deliveroo when it status. The fact it took more than four

NO vast implications across the labour market. floats on the stock market in early April years and escalation to the Supreme Court EA Since Matthew Taylor published his because of concerns over its treatment of shows what a grey legal area this is, and EL review of modern working practices in workers, it seems the direction of travel the fine distinctions that exist in decision

RDS 2017, recommending an improved balance is set. People Management asked a panel making about employment status. It shows

WO between flexibility and employment rights of employment law and labour market this area is in need of further clarification

38 peoplemanagement.co.uk Gig economy

I N G ' S B S P R I G G E S T

S P R I N T er?G ' S B I G G E S labour market. PM’s panel of experts delves into the possible consequences

because, although it’s clarified the matter Meet the expert panel for Uber and its drivers, it doesn’t help anyone else, as each case will be decided on its own merits. Paida Dube: It’s been significant in terms of the element of control, which is always generally a stumbling block and, in Paida Dube Dr Ursula Huws Raoul Parekh Ben Willmott this case, Uber had a lot of control around Employment Director of Partner at Head of public what drivers could and couldn’t do and solicitor at Analytica Social GQ Littler policy at the CIPD what they had access to, even down to DavidsonMorris and Economic levels of remuneration, which is dictated by Research Uber despite drivers choosing how much time they spend working. It was clear they were battling a lot of obstacles around the

peoplemanagement.co.uk 39 basics of trying to establish what particular employment status applied to their drivers from the get-go. Ursula Huws: By far the most significant element to me is that Uber seems to be trying to wriggle out of complying with the bit of the judgment that says the clock starts ticking on minimum wage from the moment they’re logged on until the moment they’re logged off. The ruling made it very clear that waiting time should be included in the hours for calculating minimum wage. Raoul Parekh: The term ‘landmark ruling’ gets thrown around a lot, but this genuinely is one that deserves the moniker. First, the sheer scale of the Uber driver population makes it a significant issue for a lot of people across the country, Uber is a landmark case, particularly in London. Second, Uber but other delivery outfits st ill has a very strong brand and an iconic to carry on have their own battles to win employees is place as the heart of the gig economy, so as normal. I’m narrowing. What everyone’s been watching its battles very sure there are a number this judgment will do, keenly. And the way the Supreme Court of firms frantically looking to and should cause people to do, is delivered its judgment was much more review the current agreements they have take stock of their use of non-employees, far reaching and radical than I think in place and assess their level of exposure because too many companies are casual a lot of commentators were expecting. to potential claims. Some platforms may about that, and are carrying a lot of risk For Uber, it won’t quite mean ripping be thinking it’s time to restructure if they they don’t know they’re carrying. up its business model and starting want to keep going. UH: The area of the judgment around again, but it will mean rethinking it and RP: Because the judgment was so waiting time has enormous implications, reconsidering its model and approach in radical, any company that operates in not just for other platforms like food the UK. We’ve never seen an operator a broadly similar way to Uber is going to delivery services, but for any company like Uber make this kind of change. need to do the same reconsideration of that employs people in ‘on call’ contracts, model work that Uber’s been undertaking. like zero-hours. There is currently a large How will this ruling affect other That’s a good thing – it ensures a level number of firms that have a business companies? playing field and competitiveness between model that depends on having workers BW: The ruling certainly reminds different services. It wouldn’t help anyone basically on demand. And if they all businesses to consider carefully how for the people who are working for these have to start doing their calculations on they classify the people that provide companies to have to continually win the the basis they’re paying for all the time work for them and is likely to prompt same battles against different companies. those workers are logged on, that implies some organisations, particularly those If we look at firms that don’t have a massive change in the business model. operating similar business models to Uber, anything to do with the gig economy but That has both upsides and downsides to make changes to how they categorise use non-employed workers in some way, for workers. employment status. they’re facing a kind of pincer movement. OTO

PH PD: The judgment itself will have On the one hand the Uber ruling is How will the decision affect the gig K a huge impact on other gig economy causing them to reassess directly engaged economy and the wider employment OC

ST platforms, such as Deliveroo, which has contractors, and on the other they’ve got spectrum?

MY riders in a similar situation in relation to the government’s changes to off-payroll BW: It depends on how you define the

LA subordination and control. Where it can working coming in that are potentially gig economy. We’ve had a gig economy of /A

ES be established that there is a significant narrowing that method of engaging some description for as long as people have

AG level of subordination and control, a lot people. So the window of permissible, done paid work and it’s not something IM of gig economy platforms will struggle safe ways to engage people other than as that’s going to go away, but I think bits PA

40 peoplemanagement.co.uk Gig economy of it will become more formalised and RP: The clear direction of travel of What should businesses be will probably see more people classified most of the decisions in this area has doing in the wake of the Supreme as workers. However, there are of course been they’re finding in favour of the Court’s decision? millions of people who are genuinely self- individuals. One upcoming fork in UH: At the very least they should do employed and will continue to operate in the road is about employment status, a risk assessment and look at anybody that way. and whether people are workers or they’re employing who isn’t on a regular UH: I think it will mean companies employees, and it seems likely that will employment contract, and take a good having fewer workers who will have to be the next battleground. The unions look at what basis they’re employing be worked much more intensively, which have tried to argue for employment them on. If they don’t have clearly implies moving from a very free, flexible rights, not just worker rights, for gig specified hours in that contract, then system to more like a shift system. Some economy and other non-traditional they should be looking at changing the platforms already effectively operate shift workers and generally haven’t succeeded. model to make it clearer when those systems. It will mean that kind of work is I wonder whether the Supreme Court workers start work and when they available to fewer people because, at the judgment will be used in a way that tries finish work, and check they are getting moment, part of the reason conditions are to reopen that battleground. minimum wage. And if there’s a big so awful in these online platform labour gap between when they log on and markets is there are lots of people who are What action would you like to see when they stop working, the businesses signed up with the platforms who actually from the government in this area? should look at changing that model. If only work occasionally. PD: It’s hopefully a reminder for the there are long periods of waiting time Research from Analytica suggests a government to move it from the back that they’re not being paid for, there’s high proportion of people who work for burner, and it becoming more of a front- a risk that the business might be doing online platforms are doing it as well as loaded conversation around how they’re something unlawful. another job for top-up income, but these going to do this, because potentially the BW: They should be reviewing the people are less likely to be able to find work case will open up a lot of floodgates. It employment status of people that provide through these platforms except during might be better to legislate on the matter work for them in light of the ruling and peak demand. It will become much closer rather than leaving it to the courts to check that the contract accurately reflects to a regular job with people working work on a case-by-case basis. the reality of the employment relationship. particular shifts. I suspect there will still RP: There’s a question around the The CIPD recommends regularly be a lot of flexibility in terms of what shifts government’s approach and whether it reviewing the working arrangements of people choose and how long they are, but will think ‘this is confusing for both atypical workers at least once a year to during the shifts workers can expect to be individuals trying to know their rights check that there have not been changes fed one job after another and companies trying to do the that might have implications for their to avoid periods of right thing’ and therefore it will employment status. downtime when they’re “Thisalso has simplify things. That would be PD: There are some simple, practical being paid the minimum implications a good thing, in my view, but it’s steps, like reviewing current agreements wage, but not actually probably unlikely. I think it’s more and contracts they have in place, and doing anything.I think foremployers likely it won’t find the parliamentary ensuring – if they’re going to be looking it will be a deterrent to use time or the will to do much in this at trying to assess employment status ‘multi apping’, where that area. This is such a fast-changing and argue that someone is genuinely self- workers are signed in to zero-hours area, the recommendations in the employed – that they’ve got the relevant more than one platform Taylor review are now almost stale evidence to support that position. Having at the same time. contracts” and probably need to be reassessed an open-door policy and having a rapport PD: Change is probably inevitable in light of what is happening now. It’s with individuals can also mean the in this whole process. The government a shame the government seems to have difference between someone rushing to keeps saying it wants to create this level of created the opportunity for action, but lodge a claim and being able to resolve the protection for those who are employees or then missed its own opportunity. issue internally. workers, so I think it’s going to be a trend, BW: This ruling highlights the I think all businesses should be and I foresee a need to get more clarity, not importance of the government following taking on board what this means in just in the gig economy itself but across through with its pledge to legislate to terms of getting a bit more clarity around the board. After the Taylor report was improve the clarity of the employment your employees, your workers and your published, the government indicated it status tests. The CIPD’s research suggests self-employed individuals, where they would be bringing in proposals to make an effective way to do this would be sit and what that definition means. the framework a lot simpler and clearer, to abolish worker status altogether. It Clearly it’s a fine line, so it’s important and that it had intentions to legislate and wouldn’t be a panacea, but it would that companies across the board review provide that level of clarity, but to date that certainly provide more clarity around their current practices and see where they hasn’t been brought about. But the Uber employment status, and crucially would might be falling short. decision is a step in the right direction align it for employment rights and ✶ Read the CIPD’s employers’ factsheet on employment towards bringing about that change. taxation purposes. status at bit.ly/CIPDEmploymentStatus

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earning from failure has become failure. But from an L&D perspective common understanding of what failures commonplace in business, at this is a difficult state to achieve. are useful and which are just failures; that L least in terms of acceptance of So what exactly does ‘intelligent we distinguish between bad luck and bad the notion that it’s a good thing to failure’ mean? Amy Edmondson, novartis management; and that we have sufficient do – although it’s often easier to talk professor of leadership and psychological safety that people about than put into practice. While it’s management at Harvard “Reflectionis can – indeed feel obligated to – a relatively modern way of thinking for Business School, defines a bring up failures as they arise, so companies, the concept itself is nothing culture of intelligent failure reallycrucial that they aren’t repeated.” new, nor something that should be as one that “understands that inthelearning McGrath cites Microsoft confined to a particular industry or experiments sometimes end as a business that embraces function. What has come to be known in failure, if the experimenters process,and intelligent failure, pointing to as ‘intelligent failure’ is a philosophy are legitimately pioneering often its launch of AI chatbot Tay that can and should be applied across new ground”, and that “fosters we as a prime example of this organisations. the kind of experimentation missthat” culture in action. Microsoft Yet while it’s been around for a while, that produces smart failures pulled the plug on Tay in great in today’s fraught climate creativity and quickly – and avoids the wasteful failure haste after the bot’s interactions with innovation have become more vital than of conducting experiments at a larger people on Twitter proved embarrassing ever, and may be the difference between scale than necessary”. and offensive. Instead of criticising the whether a company thrives or dies. Logic Another academic expert in the field team behind Tay, CEO Satya Nadella was dictates, then, that if businesses want – Rita Gunther McGrath, professor at supportive and treated it as an important to excel at this their people must feel Columbia Business School – typifies learning experience. “Nadella sent an comfortable with experimentation and intelligent failure as: “That we have a encouraging note to the team, basically

Mistakes are made in every organisation – but treating them asa learning experience could be key to success

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skills and performance at a company-wide Head of L&D Ann-Louise Hancock level. VU was set up as an ‘internal start- argues that creating a culture that up’ to bring together a range of learning encourages colleagues to contribute to functions in an agile and entrepreneurial future designs, products and services way. Head of learning for Europe develops stronger engagement, loyalty Ian Fordham says VU is designed to and ownership. But how do you make reinforce and promote a culture of sure ideas are relevant and avoid people curiosity and is embedded in the fi rm’s being discouraged when they fail? global HR function to ensure it drives “It’s important to set expectations and a more intelligent way of learning and parameters, and our experience is that, working across the company. “One of provided these are clear, you liberate rather our core leadership principles is ‘acting than constrain people from feeling able decisively’. Th is includes challenging to make a contribution,” says Hancock. the status quo and learning from our “This is supported by a robust framework Rita Gunther McGrath mistakes,” he explains. “We actively of line management and feedback.” believes Microsoft has embedded a c ulture of encourage people to take risks and Andrew Jacobs, former L&D ‘intelligent fa ilure’ saying advocate for changes they believe would transformation lead at HMRC and now that they benefi t the organisation. Th is is proving owner of consultancy Llarn Learning had no way of to be a powerful expectation for all staff Services, believes intelligent failure works predicting what Tay would do when let and is driving fresh ideas and innovative best when organisations understand at a loose in the world, that they’ve learned thinking throughout the entire company.” micro and macro level that ‘fail’ stands something, and that he had their back,” One of Fordham’s priorities is to for ‘first attempt in learning’. “By making says Gunther McGrath, who adds that encourage everyone at Visa to be bold and people aware of this the expectation Microsoft chief people officer Kathleen welcome new ways of thinking. But what is shared across the organisation and Hogan is culturally “absolutely at the very happens in the case of repeated failures? self-policed. Th e best experience I’ve centre” of this way of thinking. “From our experience, the benefi ts of seen in this was a senior manager who Companies such as Nike (in its early intelligent failure outweigh the potential told her team that they could do what days), Netflix and Amazon have also pitfalls,” asserts Fordham. they wanted, ‘as long as you don’t been held up as exemplars of a culture Melanie Lepine, EMEA head of L&D embarrass me’. Th at created a culture of intelligent failure. Yet organisations at property company CBREGlobal where innovation and experimentation steeped in this approach are quite thin Workplace Solutions, says some fail more were encouraged but the on the ground. Liking the principle of than others because they’re limits were established intelligent failure is one thing – changing trying many more new things or “Praisepeople and, if clarifi cation was management thinking to make it a reality because they’re trying something they sought, could be discussed is quite another. far more complex: “The key to when and agreed.” CIPD head of learning Andy Lancaster a culture of intelligent failure succeed,but Th e Kotter change model says that for intelligent failure to become is that we learn from those il may be helpful for people accepted and effective, organisations failures and apply that learning whentheyfa professionals thinking about must have a culture that is trusting, to our next attempt. If someone praisethem any kind of organisational constructive, highly developmental and continually fails based on the change. Workplace refl ective. “Oft en we are just too busy to same issues, then that suggests evenmore” performance expert Gary invest time in stepping back and thinking they are not learning from their Cookson believes it adapts well to about how things have gone and how they mistakes and some action would need to this situation too. Giving employees could be improved. Refl ection is really be taken to address that problem.” permission to experiment and try things, crucial in the learning process, and we Packaging company DS Smith is actively encouraging them to do that and often miss that,” he says. another strong example. It’s big on to tell each other about it would give some So how should L&D go about sustainability, having introduced a set of kind of sponsorship and ownership to the managing and developing people in circular design principles – a concept that mindset shift, he argues. “When people the context of intelligent failure? “One aims to continually use the same fi nite succeed, praise them,” adds Cookson. of the challenges for learning teams is resources and eliminate waste – developed “But when they fail, particularly if they often we have a very one-size-fi ts-all in conjunction with the Ellen MacArthur own that failure, praise them even more approach to supporting people, and with Foundation to ensure circular design and help them to learn from it – having mistakes-based learning we need a more features in every one of its products and good knowledge management and good personalised approach that involves peer that the business challenges the status recognition processes is critical here.” support,” says Lancaster. quo. L&D plays a key role in embedding Innovation and creativity are often Financial services fi rm Visa, for this mindset by encouraging all colleagues spoken about as if they’re purely positive, example, created L&D initiative Visa to share their ideas and providing which is problematic. In reality, making University (VU), which is key to driving opportunities for experimentation. breakthroughs can be messy, hard and

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Contact us for a free consultation at www.zellis.com

zellis.com Research: Agile teams help boost Career path productivity among home Helping you get further workers p57

Masterclass How to measure employee wellbeing For organisations two open-ended questions. Wellbeing is an intangible wishing to move area, and so can seem Once you have identifi ed a forward, especially in diffi cult to measure few common themes from the pandemic, good the responses, you can ask decisions need to be more focused questions made on employee around the topics that impact wellbeing. But those staff the most. decisions – whether You need someone to Andrea Vogel they are on the return to analyse the data to identify Head of people at work or a continuation any trends or commonalities. the Royal National of home working – need Often you will fi nd patterns Institute for Deaf to be evidence based and among groups of people people arise from proper data. that share a particular Wellbeing is an challenge. For example, we intangible area of people an infl uence on all the factors at have identifi ed that people living management and therefore it work that affect wellbeing, such in shared accommodation have seems very diffi cult to measure. as ethical leadership, culture, struggled with home working So, when attempting to collect inclusion and line management. during the pandemic, and we are data on employee now considering what we can do wellbeing, there “If your data doesn’t tell better to support them. Th ere is a tendency will be some things you can do to reduce the a story then it is useless” to address individual challenges, measures to just and others that will form a more sickness absence and mental If you’re not sure where to collective decision to change health. However, the data that start with measuring wellbeing, policies and practices, but you yields has limitations because the CIPD offers a holistic need to sift through the data. it doesn’t tell a story about the framework that highlights the It’s not wellbeing and mental factors affecting wellbeing. diff erent aspects that make up health that you should be Measuring mental health doesn’t an employee’s wellbeing at work. looking for when it comes to tell fi rms what they can do to It helps to break wellbeing down analysing wellbeing data, but prevent mental ill-health or how into manageable areas, and the factors that have impacted they can improve the support enables you to create the right on mental health and employee mechanisms put in place. questions, surveys and metrics wellbeing. If your data doesn’t Wellbeing in the workspace is around them. It can be easy to tell a story then it is useless, very diff erent to wellbeing in get overwhelmed with data, so and you won’t be able to make your private life, and HR has try starting small with one or decisions for the future. ES

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48 peoplemanagement.co.uk Who I am My HR journey began later in life. I was a customer service HR plays a critical role in OUT representative at a local council keeping employees engaged N ST Soraya Reid and eventually became a union and attracting and retaining LI HR manager for EMEA at LogicMonitor rep, through which I became talent. We’ve created a culture CO interested in employee relations

of learning and continuous APHY and HR.I then went to university

feedback. Our staff are always GR and got my qualifications, but engaged with their work, and I had no formal experience so I OTO

feel they can approach any PH

started my own consultancy in leader to talk about their career A 2010, offering support to local – even during the pandemic. SK businesses. From there, I was able BA We also help with health and IE to get my fi rst HR role. wellness policies, and we’ve set GG

up some amazing initiatives MA

during Covid around fi nancial IEW

We run a number of training health and medication. RV

sessions when employees are TE fi rst onboarded. One of them IN is called ‘real talk’, and looks at how we provide feedback to each other. It gives staff the tools The mental health sessions to have meaningful discussions we run have gone down – whether it’s about conflict, particularly well during their development or just how Covid. We hosted a workshop they’re feeling. discussing misconceptions and strategies to help attendees support themselves and others. We had more than 100 participants. Th e speaker gave them the confidence to take breaks, go for a walk or meditate to cope with the stressors of working from home during the pandemic.

CV My advice for someone entering the HR profession would be to get a mentor –I have mentors both Soraya Reid graduated from London Metropolitan internally and externally – and ask those small University with a degree in HR management and questions, because that’s how you’re going to grow. set up Goldstar HR in 2010. She subsequently Previously I wasn’t very data driven, but now I focus on worked in several HR roles for Monarch Airlines, the it more after speaking to my mentor about what data I Autotask Corporation and ESI Media, before joining should be looking at. If you’re not open and don’t ask LogicMonitor in 2019 as HR manager. She began questions, it can be diffi cult to grow in the profession. her MA in HR and employment management, which includes a CIPD Advanced Level 7 Diploma, in 2018. “The shocking stats and real-life experiences make this book Reviews particularly Pregnant Then Screwed eye-opening” Joeli Brearley, Simon & Schuster, £14.99/£8.99 e-book When it comes to the fi ght could almost appearance on the BBC’s 2017 and July 2019 alone, against pregnancy and be a standalone Victoria Derbyshire yet many are dropped before maternity discrimination, autobiography in programme and the a ruling can be given, and there is no more prolifi c itself. Recalling proper establishment of many more never make it voice than Brearley’s. After how she forfeited Pregnant Th en Screwed. as far as a claim. being sacked from her the opportunity But it’s the shocking As well as each chapter job four months into her to take her former statistics and real-life being interspersed with pregnancy with her fi rst employer to a experiences that make stories from mums who’ve child, she subsequently tribunal aft er experiencing this book particularly eye- been there, there’s also a founded campaign pregnancy complications and opening. As Brearley admits, helpful practical element – organisation Pregnant Th en being told to avoid stress by even women who have Brearley offers sections of Screwed to raise awareness her doctors, Brearley explains been victims of maternity no-nonsense advice around of discrimination against how setting up a basic discrimination are unaware everything from maternity pregnant women and new website with one hand while of the scale of the problem; leave and fi nding suitable mothers, and to support those feeding her son with the almost 1,400 cases relating childcare, to securing fl exible who become victims. other and issuing a callout to pregnancy and maternity working and what to do Th e fi rst chapter of her for stories of maternity rights were brought against if you think you’ve been a book of the same name discrimination led to an employers between February victim of discrimination.

{Book} {Book} TheConversation EmpoweringHR What’s new Dr Robert Livingston, Penguin Business, Deborah Wilkes, Panoma Press, £14.99/£4.99 e-book In Balancing Act, £14.99/£9.99 e-book The Covid crisis has boosted HR’s Dr Andrew Temte, Since the killing of George Floyd in reputation within organisations like never president and global 2020 and the subsequent Black Lives before. But as the saying goes, with great head of corporate Matter protests, organisations have power comes great responsibility. In learning at Kaplan opened up to the idea of talking more Empowering HR, Wilkes – a fellow of North America, draws honestly about racism and the barriers the CIPD with more than 25 years’ on his decades of people from ethnic minorities face in all experience in senior people roles – experience to look aspects of their lives. But sometimes explores how the profession can at how leaders in intention does not lead to action. In this continue to establish itself as a key today’s fast-paced book, Harvard University’s Livingston player right up to board level and create corporate world explains the fundamentals of what valuable strategic partnerships as can improve their racism is and where inequalities stem businesses recover and move forward performance in both from, as well as how to address them. from the pandemic. their professional and personal lives. {Book} {Book} Meanwhile, occupational TheCEOTest VirtualFacilitation psychologists Dr Adam Bryant & Kevin Sharer, Harvard Business Henrik Horn Andersen, Iben Nelson & Kåre Ronex, Christine Grant and Review, £17.99/£12.34 e-book Wiley, £19.99/£14.20 e-book Dr Emma Russell Management responsibilities are Love them or hate them, remote explore agile work frequently thrust upon employees as meetings have been the backbone and its relationship they climb the career ladder, and not of many people’s jobs for the past with employee necessarily because they want them year. But we may not be running them wellbeing in Agile or are any good at them. Helpfully, then, effectively. In Virtual Facilitation, Danish Working and Well- Bryant and Sharer – with decades of trio Andersen, Nelson and Ronex – all Being in the Digital leadership experience between them part of Copenhagen-headquartered Age, discussing – have uncovered seven key reasons consultancy Implement Consulting what ‘agile’ really that leaders fail or succeed, and how to Group – explain how facilitation can help means and how it overcome them. Whether new manager a group of people work more efficiently can be detrimental or new chief executive, there’s bound to or reach an outcome quicker, and how to to workers’ health. be advice relevant to any leader. translate that into a virtual setting.

50 peoplemanagement.co.uk HRIS/People Technology HR and Payroll Immigration

Are you planning to introduce new People Technology within your ou]-mbv-ঞomĵ u r;u_-rv you _-v; -Ѵu;-7y v;Ѵ;1|;7 - voѴuঞom -m7 m;;7 vurrou| wb|_ b|v blrѴ;l;m|-ঞ omĵ

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! $ Send us your problems in confidence bit.ly/pmfixer Your problems Should we give casual worker an employment contract? Two years ago we took on an legal considerations. For maintain a likely lower overall intern. She then got a part- me, the work is where we cost. On the other hand, time role with a diff erent need to start to ensure you employment would secure this organisation, but we wanted make an objective business consultant’s (or potentially her continued support on decision on which might be an even stronger candidate’s) Guest Fixer Dave a project so offered her a the best resourcing model, skills longer term, providing consultancy agreement and not have it potentially them with the benefits and A Barry tackles to work for us one day a influenced by the outcome compensation they need to week. She’s now working your consultant is looking stay committed, etc. your queries with us three days a week, Dave A Barry FCIPD is People is no longer doing her other “Consultancy allows more fl exibility, while Management’s new guest HR Fixer. A job, and we’ve even put her graduate of University College Cork’s time in the budget for the employment secures their skills longer term” postgraduate higher diploma in human resource management, Barry’s career next fi nancial year. She’s as an HR professional spans more asked if she can be put on for. Based on what you Regarding legal than 20 years across sectors including biopharma, cybersecurity, travel and a full employment contract have outlined, the work has considerations, it appears retail. He established consultancy instead, but I worry about increased from one day a the consultant was fi rst on Conexion.ie in 2018, is a prolific keynote opening ourselves up to week to three days, and is a direct intern contract and speaker and lectures part time at University College Cork. unforeseen issues if we already in the budget for subsequently a consultancy His replies are written in a personal commit to this. Are there the next fi nancial year, so agreement, which hopefully capacity and do not refl ect the views any pitfalls to either option appears to be an ongoing was reissued to refl ect the of People Management or the CIPD, nor are they a substitute for professional that we should consider business need for which full increase from one day a legal advice. Not all queries submitted when deciding whether to employment would provide week to three. Permanent can be answered, and personal replies are not possible. To pose an anonymous switch her over? additional stability. employment would only begin query, visit bit.ly/pmfixer From a consultancy versus from the date that contract Let’s examine this scenario employment perspective, is issued, so we should not be from three perspectives: consultancy would continue to dealing with continued service, the work itself, consultancy allow more fl exibility should longer-tenure employment versus employment and the need ever change, and rights, etc.

Looking at the opportunity or engage in more strategically Bosses won’t fund HR tech problem, what is the tangible beneficial focuses. I’m an HR manager in an SME this kind of tech is standard business ‘pain’ being experienced Lastly, scope creep is usual with around 200 staff . The among people teams now and right now by each of your with any business improvement company has grown a lot convince them to upgrade? employees, people managers, initiative, so clarifying which in recent years, but our HR and HR itself?We are likely elements are included, and systems are stuck in the dark I am sure there are many SME talking about frustrating access even more importantly which ages. We have a programme HR managers out there who to information, lack of people are not, will be critical to to run payroll, but the rest can relate to this conundrum. data and excessive processing or ensure that what is hopefully is largely still done in Office Particularly in recent years, the rework time respectively. Do you approved by your directors will documents and spreadsheets. strategic benefits of sophisticated have robust data on all of those not be impacted by additional Any mentions of people people technology have been to really help argue your case? items. Subsequent robust management software are much validated, but we are often If we look at the goal, we are project management (for dismissed by our directors, still justifying the spend. talking the opposite of these – example, a phased approach of saying it’s not a necessity, and For HR business case ie delighting employees with ‘measure, analyse, improve and I can only dream of being able purposes, the charter concept of online self-service information, control’, keeping your sponsors to have people analytics or writing down the opportunity, managers with insightful and stakeholders informed engagement platforms. How goal and scope of the changes data and HR with signifi cant throughout) will also set this can I make my bosses realise you’d like to see is helpful. time savings to proactively transformation up for success.

peoplemanagement.co.uk 53 Email us Moves your moves PMeditorial@ haymarket.com People and posts Who’s making HR headlines? Caroline Bagshaw, and involvement at Anthony also worked at Vision Critical, Chartered FCIPD (1), is the Nolan. Before joining the charity Sierra Systems and Deloitte. new group chief people officer she worked at the University of Employment law fi rm Fox at IQ-EQ. Before joining the Technology Sydney in a dual & Partners has recruited global investor services group, role as associate professor Millie Warner as senior Bagshaw was interim head of and director of women in associate, and Claire Plumb 1 2 people at Monese, having also engineering and IT. as associate. Warner was held various senior positions Audit, tax and consulting fi rm previously counsel at Weil, at fi rms including Mastercard, RSM has welcomed Sandra Gotshal & Manges, and Plumb Standard Chartered and Myers-Edwards, Chartered was a contract lawyer at RPC. GlaxoSmithKline. MCIPD, as diversity and Julia Litchfield has Andrew Busst (2) has inclusion manager. She taken on the role of director moved into the role of training joins from Croydon Health of consulting at New Street and development manager at Services NHS Trust, and has Consulting Group. She arrives Lodders Solicitors. He arrives also held senior people roles from Aon, where she was 3 4 from automotive supplier at Barnardo’s, King’s College global head of talent for the Brose, where he was training London and The British Library. company’s risk business. and development coordinator. The Camping and Sybille Raphael (6) has Busst also spent 10 years as Caravanning Club has joined whistleblowing charity legal executive at Beynon & Co. appointed Emma Catterall (5) Protect as legal director. Estelle Hollingsworth (3) as director of fi nance, HR and Raphael previously spent fi ve has been promoted to chief business systems. She arrives years as head of legal advice at people officer at Virgin Atlantic. from Merlin Entertainments, Working Families. 5 6 She brings more than 25 years where she was divisional Georgette Banham, of people experience to the director at Alton Towers. Chartered MCIPD, has been post, most recently as VP for Hootsuite has promoted promoted to HR director at cabin at the airline. She joined Tara Ataya, previously VP for Hitachi Zosen Inova. Before Virgin in 2018. people, to chief people and her promotion she was director Arti Agrawal (4) is the new diversity officer. Ataya joined of corporate services, having director of inclusion, diversity the company in 2020, and has started at the fi rm in 2012.

The next step We help you to help your career

I’ve held operational management (left), founder of Hunter Roberts. It shows ways you can go about this. One is to go roles in the hospitality industry for you are committed to making the move. to a previous employer and ask if you can 26 years, and in retail (specifi cally You have lots of things to your take on a more junior HR role. A previous supermarkets) for the last four. I want advantage, such as transferable skills employer will value your experience to move into HR and believe my skills and a huge amount of experience on the and could be willing to give you a lower from three decades of managing operational side, but to make the most position, or even experience shadowing people are transferable – I recently of them your CV needs to refl ect your a manager on a voluntarybasis. quit my job to pursue this change people management and experience. Another option is to look into and have completed my Level 5 CIPD In terms of seeking an HR role, while an apprenticeship. It’s a common qualifi cation. However, I’m fi nding it the hospitality industry is currently in misconception that apprenticeships diffi cult to get anywhere because so dire straits, a much more promising are just for young people – they can also many employers want experience avenue, and one you have recent provide value to someone who wants to in an HR environment. I’m not sure experience in, is supermarkets, switch careers later in life. which path to take now, and I’m which have been thriving throughout A third possibility is to go back into an worried I’ve done my Level 5 in vain. Let us the pandemic. operational role, build your credibility and solve your It’s always benefi cial to have then ask for consideration for HR posts. While it’s unfortunate you gave up career crisis operational and commercial Networking through organisations your previous job to pursue training, experience to take into any role, but like the CIPD can also be really helpful please know you have not taken your bit.ly/pmnextstep to move forward you will need to gain to build contacts within HR functions, qualifi cation in vain, says Susy Roberts some HR experience – there are three which may open some doors for you.

54 peoplemanagement.co.uk
     
  

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Find out more at: cipd.co.uk/online-courses Th e latest fifinnddiinngsgs fromfr om the fi nest Research minds Strong team agility drives productivity at home High levels of team agility as improving engagement. are key to 80 per cent of If leaders can facilitate people maintaining or agile team practices and improving productivity when encourage clear, ongoing working from home, a new dialogue between employees, study has found. they can build a strong Research by academics foundation for success – at Alliance Manchester whether they work from Business School and an office location, work Cirrus polled 500 people remotely or create a hybrid working in large companies of the two.” before and during Covid David Holman, professor to understand how of organisational psychology organisational characteristics at Alliance Manchester influence team agility. Business School, added: It found that team agility Agile teams have helped “Empowering leadership drives both team and companies adapt during and strong relationships individual performances the Covidpandemic Th e with both supervisors and between senior management and engagement. research colleagues is central. and team members both Th e study identifi ed six also found that agile teams Dr Simon Hayward, increase team agility, so factors that comprise team are more resilient and have CEO of Cirrus and one investing in such leadership agility: multi-skilled teams, helped organisations adapt of the academics behind capabilities will improve iterative planning, customer and change during the the research, said: “Team team performance, involvement, team autonomy, pandemic, with respondents agility drives workplace transform culture and team speed and team stating that maintaining performance overall and at future-proof businesses.” prioritisation. high-quality team interaction an individual level, as well ✶ bit.ly/TeamAgilityProductivity

CEOs have infl uence from factors beyond Many employers of employees expect to work the CEO’s immediate control, from home at least one day a significant such as the company’s unprepared for week post Covid. influence on CSR fi nancial performance. hybrid working Th e study also revealed Statistical techniques that the shift towards a CEOs have a large infl uence and data from 1,200 US Only one in fi ve workers feel more hybrid working model over fi rms’ corporate social organisations from 1993 to their employer is prepared is being driven by 18 to responsibility (CSR) activities, 2015 were used to analyse to support a hybrid working 24-year-olds, with three- new research has revealed. the impact of CEO clout model after the pandemic, quarters (75 per cent) saying A study into the so-called and outcomes of CSR-type according to a new study. they expect to work remotely ‘CEO effect’ by academics at activities over time. A survey by Sony at least two days a week. HEC Paris and the University “Beyond CSR, our Professional Solutions found Just 13 per cent of those of Antwerp found invested fi ndings suggest it is likely that two-thirds (65 per cent) aged 18-24 said they expect CEOs were responsible for that CEOs will exert quite a expect to work from home at to return to working in the improving the performance lot of infl uence on the fi rms least two days a week, while office full time, compared to of their businesses’ CSR they run in general,” said almost a third (31 per cent) half (51 per cent) of 35 to ES

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peoplemanagement.co.uk 57 Focus Oneyearon:theimportance ofmentalhealthsupport Many employees are still Twelve months since the UK fi rst went into lockdown, it’s still suff ering fro m loneliness rk stress essential for employers to look after the wellbeing of their people or incre ased wo Tuesday 23 March marked top of the business agenda. Employers to juggle a range of operational, strategic National Day of Refl ection have stepped up their communications and legal responsibilities. Th ese include in the UK, an opportunity to with staff, with one-to-ones in getting up to speed with furlough (and commemorate all the lives lost to particular taking on more importance. its many adjustments), helping people Covid. While the past year may have Employees have also been encouraged transition to enforced home working, been hardest on those who have to practise self-care and organisations making workplaces Covid secure, ORD FF suff ered a bereavement, many others have doubled down on promoting their helping managers to support their teams GI will have also experienced isolation, health and wellbeing benefi ts – and remotely and handling redundancies NY

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take a leading role in their organisations’ confidential advice to support your TA responses. At the onset, CIPD/People Key resources personal wellbeing. NA S, Management research found the Mental health supportfor employees However, there is now at least AM most common challenge identified by bit.ly/CIPDMentalHealthSupport some cause for optimism. As Peter employers with staff working remotely Cheese put it in January’s CIPD Wellbeing helpline for members IAN AD was to ensure they were staying well, bit.ly/CIPDWellbeingHelpline Community blog: “As the vaccination ST both physically and mentally. CIPD coronavirus hub programmes roll out, the light at the KRI Consequently, we’ve seen employee end of the proverbial tunnel will soon bit.ly/CIPDCovidHub RDS health and wellbeing jump to the become more visible.” WO

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58 peoplemanagement.co.uk People Management is published on behalf of the CIPD by Haymarket Business Media,a division of Haymarket Media Group Ltd. Registered office: Bridge House, 69 London Road, Chartered TW1 3SP Nominations EDITORIAL Companions inspire [email protected] @PeopleMgt other leaders to deliver Acting editor Eleanor Whitehouse @elliehousewhite Managing editor Jyoti Rambhai results and initiate forChartered Art editor Aubrey Smith Production editor Joanna Matthews News editor Francis Churchill @fpchurchill change within Staff writer Elizabeth Howlett @bloggybalboa their vocation Companions Picture editor Dominique Campbell ADVERTISING & MARKETING 020 8267 4970 [email protected] Business director Angela Hughes Nominations are now open for the Sales director Jade Scaffardi CIPD’s Chartered Companion Account directors Lindsey Westley, Simon Churchill Recruitment sales director Samantha Johnston membership, a prestigious opportunity Senior sales executives Tom Melvin that rewards ambassadors, advocates Sales executive Rosie Henshall and promoters of the CIPD. 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Th e process now 151 The Broadway, London SW19 1JQ Volunteers have supported 77 charity allows CIPD members to recognise 020 8612 6208 [email protected] If you’re a CIPD member and your home or work address has HR professionals to help them navigate their peers and ensure the procedure is changed, please contact the CIPD on 020 8612 6233. their people issues in unfamiliar driven by the people profession overall. CIPD is a registered charity – no. 1079797 territory. More than 60 professionals Only CIPD Chartered Fellows or COPYRIGHT provided critical advice to SMEs as part Academic Fellows can be nominated. © All rights reserved. This publication (or any partthereof)may not be reproduced, transmitted or stored in print or electronic format of the Recovery Advice for Business Enter your nominations by Monday (including, but not limited, to any online service, any database or any part of the internet), or in any other format in any media whatsoever, scheme, and more than 400 people 17 May 2021. without the prior written permission of Haymarket Media Group Ltd, have volunteered to mentor a young ✶ bit.ly/CIPDCCNominations which accepts no liability for the accuracy of the contents or any person in need of career guidance in the opinions expressed herein. Steps Ahead Mentoring programme. Th e impact has been remarkable, and Making membership the CIPD wants to thank you for your more sustainable tireless efforts and acts of service. In 2019 the CIPD was one of the fi rst Are you looking for opportunities to membership organisations to move to help? As unemployment rates for young a plastic-free recyclable membership people continue to soar, volunteers are card. To further reduce its impact on PRINT AND DISTRIBUTION needed to develop a careers programme the environment, from April 2021, it will PEOPLE MANAGEMENT – ISSN 1358 6297 – is published only send cards to members who monthly. Printed by William Gibbons. People Management for local secondary schools and colleges. is printed on PEFC certifi ed stock from sustainable sources. request one. The CIPD estimates this Haymarket is certifi ed by BSI to environmental standard Th e role of enterprise adviser (run by ISO14001. See page facing inside back cover for US will save around 1.5 tonnes of paper distribution details. Th e Careers & Enterprise Company) every year, and has developed involves connecting young people with sustainable ways to demonstrate proof employers during a time when they have of membership without needing a card. 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