Landmark employment law cases: Uber/Deliveroo – The decision on drivers and riders rights; what could this mean for your business?

This has been a very hot topic recently and we have been overloaded with articles about what the “workers” versus “self-employed” issues/rights means, so now the ruling has been made HR Revolution discuss what this means for businesses going forward.

The Employment Appeals Tribunal ruled on Friday that Uber’s drivers qualify as workers, giving drivers rights such as the minimum wage and holiday pay, resulting in potentially damaging the way the company operates.  Currently the average hourly rate minus fees, petrol and expenses may mean an Uber driver is not earning the minimum wage.

Although Uber argued that their drivers have the freedom to choose when and where they work, the EAT ruled that drivers were effectively working for Uber while the app was switched on, and were not able to make themselves available to other operators as Uber had claimed.  In addition, the way Uber limits driver contact with customers, the language it uses when recruiting drivers and the way it treats those drivers who refuse a fare, resulted in the EAT concluding that Uber exerts control over the drivers, meaning they are to be deemed as workers as opposed to being self-employed and are therefore entitled to worker rights.

http://www.telegraph.co.uk/technology/2017/11/10/uber-loses-key-appeal-drivers-rights/

Conversely in the case brought by the Independent Workers Union of Great Britain, Deliveroo riders have been ruled “self-employed” by the labour law body the Central Arbitration Committee (CAC).  This further highlights the complexity of determining the employment status and why it is imperative care is taken when considering whether the individual has worker rights including holiday pay and minimum wage.

The key to this case was that in the contract between Deliveroo and the riders; riders had the freedom to substitute the services to a “mate” both before and after they had accepted a particular job if they wished – allowing other riders to take their place on a job. The CAC found that the right to substitution was genuine in day to day practice and therefore found the riders be self-employed. To further support Deliveroo’s case, the new terms also stated that riders did not have to wear branded clothing.

Both of these decisions have been based on whether there is “control” from the employer to the employee and in the case of Deliveroo the lack of control meant the balance was tipped as the riders having self-employed status.

Riders enjoy being their own boss – having the freedom to choose when and where they work, and riding with other delivery companies at the same time.  In practical terms, this implies they are genuinely self-employed.

http://www.bbc.co.uk/news/business-41983343

What could these rulings mean for your business?

Both of these rulings although contradictory, have significant implications for the gig economy in particular.  It also clearly demonstrates that there is still a lot of ambiguity and confusion around employment status, which is expected to be given clarity by the government by the end of the year.

The outcomes of both these cases emphasises the importance of ensuring you are giving those entitled to employment rights, just that and also ensuring any contractors are complying with any IR35 rules.  It means care and consideration should be exercised by both the employer and employee when entering into an independent contractor agreement on a self-employed basis.

Any business should take guidance from both of these cases as they demonstrate how important it is that your employee status is. Make sure the use of self-employed contractors are being used correctly within your business and not just as a label to get around the rules.  With the number of self-employed contractors increasing significantly, both of these rulings are likely to be significant for employment law in the UK.

The lesson from both of these cases lies around the control identified in the terms and conditions of an independent contractor agreement.  Although this doesn’t set a new precedent as all cases will be judged on their own merits, the control you exert over anyone self-employed within your business should be carefully considered to avoid any similar claims.

Deciding on the appropriate employment status can be difficult for many companies. If you have concerns regarding this, HR Revolution are here to help, get in touch with one of our consultants who can offer you a free consultation to ensure that you are compliant.

Give HR Revolution a call +44 203 538 5311 or email: hello@hrrevolution.co.uk or visit www.hrrevolution.co.uk  where our expert CIPD HR professionals are waiting to help you with any questions you may have.

HR Revolution; supporting you, your employees AND your business.

 

 

How to nail your 2018 HR planning…

Any business owner knows the importance of using the end of the year as a chance to return to their people policies, consider the achievements and challenges of the past 12 months, and do some careful planning for the future. Keeping on top of your HR can be tricky, but it’s also essential to running a successful business.

However, before getting stuck into finer details, it is wise to take a step back and think about the big issues that need your attention. Here, we’re going to provide you with the inspiration you need to make your planning as effective as possible.

Anticipate any key legislative changes

Not a year goes by without a new piece of legislation coming in that will have an impact on your business. Of course, these are often for the greater good, and will help you to build a stronger workforce. But if you’re not prepared, they can catch you off-guard and cause you significant problems.

Make sure this doesn’t happen by taking the time to anticipate any legislation that will be coming into force, and working out what you need to do to ensure that you’re compliant. In 2018, necessary considerations are likely to include gender pay reporting, taxation of termination payments, General Data Protection Regulation (GDPR) and restricting employment allowance for hiring illegal workers.

Consider external forces that are out of your control

Often, a lot of thought is given to planning for internal factors, such as sales that you might be running, employee holidays, and so on. You need to make sure though that you’re also thinking about external forces that may have a significant impact on your business.

Are there any big events coming up in your area, and what will they mean for your operations? Are there any other businesses that are likely to be setting up shop, and what are the implications? Could your top talent be tempted to look elsewhere? You can rarely stop these things from happening, but you can make sure that you’re as prepared as possible.

Ask yourself whether you’re really considering strategic goals

We’re past the days of HR being all about tea and sympathy. Savvy business owners know that HR needs a seat at the table and that it can play a significant role in meeting strategic goals. Despite this though, many business owners still aren’t using policies and practices to truly drive their business forward, to say that this is a wasted opportunity would be a huge understatement.

So how are you nurturing your teams so they can fulfill their potential? Are your performance management processes encouraging employees to excel? Is everyone up to date and on-board with the future direction of your business and do they understand the part that they will play? It’s easy to get caught up with all the everyday, operational concerns. And these are of course important. But if you want to move forward, you need to ensure that you’re taking the time to think strategically.

Finding enough hours in the day to plan your 2018 can be a challenge in itself, but it’s non-negotiable though if you’re serious about smashing your goals.

The good news is that you don’t have to do all of this on your own. HR Revolution have many years of experience and can help. Get in touch today for an initial chat about how we may be able to work together, call +44 203 538 5311 or ask us a question below…

 

Why don’t you have HR?

We know that growing a business without HR expertise is challenging at best, and if you’ve ever had to tackle a people issue on your own, you’ll know just how stressful it can be.

Between trying to manage your legal obligations, and meeting your operational requirements, firefighting can become part of your everyday routine if you aren’t careful.

Of course, there’s the option to call upon help on a project-by-project basis, and there can be real value in that approach. But if you’re ready to raise the bar (and give yourself the valuable gift of peace of mind along the way), then it might be time for you to start a retainer relationship with an outsourced HR company.

This could be the HR secret weapon that you need. Here’s why:

You get to know and trust your dedicated advisor so you can get straight to the heart of any issues

If you’ve ever outsourced work to a consultant in the past, you’ll know that there’s often a steep learning curve called ‘getting to know each other’ and before you can really get down to business, the right foundations have to be laid. You have to gain an understanding of how they operate and they need to find out what your business is really all about.

So if you have a pressing HR issue and you’re working with someone who you’ve never worked with before, it’s inevitable that you aren’t going to immediately hit the ground running. When you’re using retainer services though, this isn’t a problem. You know your consultant, you know how they do things, and you trust in their decisions and advice. It’s not difficult to see the massive difference this will make.

You don’t have to face the prospect of hunting down a skilled professional when something goes wrong

Employers often don’t expect to go into work on any given morning and find themselves faced with handling the fall-out of an HR issue. These things do happen though, and it’s vital that you’re ready to respond ASAP as many issues can spiral out of control if you don’t formulate a fit-for-purpose solution within a quick timescale.

By the time you’ve contacted your business peers, asked for recommendations, and managed to get hold of someone who has a solution, serious damage might have already been done. When you have an HR expert who you can get in touch with at any time (during traditional business hours, of course), there’s no panicking and no fuss. You’ve already got your plan in place, and you know that your advisor has already got you covered.

You’re probably going to save yourself a chunk of cash

Contrary to popular (though very much dated) belief, HR isn’t all about soft tactics that can’t be measured in terms of true business success. The best HR professionals understand their role in contributing to the bottom line of your business and play a role in helping you to smash your strategic objectives.

We also know that you have a keen eye on your costs, so yet another benefit of working on a retainer basis is that you can take advantage of some extremely savvy savings, you’ll know what you’re paying each month, so you’ll never face any nasty surprises.

Employers who are mindful of the importance of their people practices, might have an HR professional in mind who can help them when things go wrong. But those employers who have thought ahead and really stepped up and are ready for whatever their business throws at them… are working with us on a retainer!

Are you ready to make the change? Give us a call today for an initial chat about how we might be able to work with you +44 203 538 5311 or email us at info@hrrevolution.co.uk

HR Revolution – www.hrrevolution.co.uk

Why you need HR Revolution

Do you need HR support?  Want to reduce your HR burden?

HR Revolution’s retained HR support could be the solution you are looking for, enabling you to focus on growing your business.

What are the benefits of using our HR Outsourced solution I hear you ask.

Simply put, it gives you peace of mind knowing you can call on professionals to handle HR issues, reducing the risk to your business from employee challenges.  It also helps you cut down the amount of time you spend on HR issues by making sure that all your employee documentation is legal and compliant.

For a fixed monthly fee, you can secure our expert services on a retainer basis. You can choose to get HR support over the telephone and by email, schedule regular onsite visits, or opt for full outsourcing of your HR function. We will discuss the type and level of support you need and allocate an agreed number of hours to be used as you wish.  Our aim is to provide a ‘flexible’ option that meets a changing business environment rather than tie you into a long arrangement that no longer suits your needs.

Bottom line, HR Revolution are a team who are passionate about performance based HR which means we commit to making sure your business and employees excel.

If you would like to discuss any HR issues, please give HR Revolution a call we’d love to help, call us on +44 203 538 5311 or email: info@hrrevolution.co.uk

HR Revolution – www.hrrevolution.co.uk

 

 

Don’t lose track of who’s in and out of the office this summer…

HR Revolution are a gold partner of breatheHR and we couldn’t be happier to recommend them, we love their HRIS software and our clients love it too.  However, this isn’t a sales pitch we want to show you how easy it can be for you to manage who’s in and out of the office over the summer period when the workforce tends to be at minimum strength.

Running a busy office is timely enough without having to check spreadsheets for who’s in and who’s due to go off, can you approve holiday? is your system up to date? well why not let technology to do the leg work for you!

Just for the holiday season alone, here’s how breatheHR can help:

Holiday Booking

Most HR Managers agree that holiday booking is the most time consuming aspect of people management unless it is fully automated. Employees can request holidays online at any time through the website or an app.

Holiday Approval

The approval process needs to be quick and easy too. With breatheHR the line Manager (or approver) receives an email with the holiday request, they can easily compare the request with the calendar of all their teams holidays as well as synchronising holidays through to Outlook or Google calendars.

Holiday Allowance

Not sure how much leave an employee has left to take? Well how about a reliable holiday allowance calculator for dummies. You just choose the holiday rules that apply for each employee (you can have as many as you like) for example full or part time in days or hours and it does it for you, you’ll even find the bank holidays are already in the system. At any time the employee, manager, or HR user can check how much holiday has been taken and how much is available to take.

This cloud based HR System can do so much more than just organise holidays for you, there’s sickness, appraisals, expenses, employee data review and much more.

The best part, if you don’t have time to input all the data to get you started, HR Revolution can do it for you call +44 203 538 5311 or email: info@hrrevolution.co.uk

HR Revolution – www.hrrevolution.co.uk

 

 

Do you need to recruit new talent?

Are you looking to recruit some of the fabulous new talent that will be entering the job market in the form of University graduates and college leavers?  If the answer is yes, then make sure you have got your basics in order, or here’s how it could all go wrong!

Hiring a new employee is pretty straight forward; but only if it is handled correctly. Many employers however can get it so wrong, which as we know is unproductive for any working environment.

A recent survey has shown that the No.1 reason for it all going so wrong is “not managing the candidate experience”.  This may sound a little fluffy if you do not work in HR or Recruitment, but it basically comes down to communication.  It is important to keep in constant contact with the candidate, providing them with quality information and feedback and remembering that honesty is the best policy. Providing a poor candidate experience can have many negative consequences including damaging comments about your company and lack of faith in the overall brand.

Other reasons the recruitment process can fail are:

  1. Expecting dull job descriptions to attract the right people – This is your chance to sell the position and entice the highest calibre of staff, if you waste this opportunity they will be looking to work for your competitors.
  2. Not taking advantage of employee referrals – a referral means they are pre-screened.  The best companies place nearly 50% of staff through referrals.
  3. Not fully understanding the actual job – If you don’t understand about the job you want them to do, how can you sell it to them or even know if they are capable of performing it?
  4. Using the same recruiting process for different level jobs – High level jobs require a different level of service, knowledge and relationship building. If you want the best out there, they definitely want to be treated that way too.
  5. Making slow hiring decisions – The best candidates are gone quickly, and will probably have more than one offer on the table, you simply can’t afford to hang around.
  6. Assuming interviews are accurate – Interviews are traditionally weak predictors, so poorly executed or generic interviews that do not challenge the candidate, will result in poor hires and put off the right people.
  7. Just using job boards – Only posting jobs on an advertising site means that 75% of the workforce that are not ‘actively’ looking will NOT see them. Make sure that your jobs can be found on various sites.
  8. Not prioritising jobs – Make sure if you are looking for more than one employee that you get the right person first, there is no point getting an assistant if you don’t have the manager.
  9. Not identifying job acceptance criteria – Do you know what the perfect candidates needs to accept the job? If you don’t, they won’t join you.

One last thought… With so many people getting it wrong, why don’t you let HR Revolution get it right for you.  First time.

 

If you would like to discuss any HR issues, please give HR Revolution a call we’d love to help, call us on +44 203 538 5311 or email: info@hrrevolution.co.uk

HR Revolution – www.hrrevolution.co.uk

Why you need HR…

Lets face it, in an ideal world, we’d never have to worry about firefighting people issues within a business. We’d have perfectly crafted policies, highly skilled line managers and engaged employees who are passionate about helping business operations reach their full potential.

I did say in an ideal world, however, things have a tendency not to work out that way. Pretty much every business owner would have experienced some tricky HR issues during their career, and most would probably agree that they can sometimes come out of the blue.

Let us help you identify any potential people issues in your business, until the end of August we are conducting obligation free Audit’s worth £750 free of charge, email info@hrrevolution.co.uk and enter FREEAUDIT in the subject line to book.

In the meantime, if you’ve found yourself with a complex and confusing people issue that you’ve had to deal with, you need to be focused on finding the solution.

Here, we explain in 3 steps how you can take control.

  1. Use the law as your first port of call

Employment legislation exists for a reason. It’s there to protect workers and ensure that standards are upheld. It can be confusing to navigate at times, but it’s imperative to recognise that ultimately, it can help you. If you’re handling an HR problem and you’re not sure what to do, the first thing that you should consider is your legal responsibilities.

An example, an employee came and told you that they feel that they need a pay rise. As long as you’re paying your employees the minimum wage, you aren’t obliged to reconsider your benefits package.  Obviously, this doesn’t mean that you should just brush the comments under the table. Exemplary employers move past compliance, and consider the bigger picture and the future of their business.

  1. Bring in the specialists

Sometimes, knowing the law isn’t enough to cut it. If you’re dealing with a particularly sensitive or complex issue, you might need a little extra help. It’s vital that HR concerns are dealt with in a timely manner, and that you get it right first time, so working with an experienced professional could give you that extra peace of mind that you really need.

HR Revolution deal with people issues every day, so we have the knowledge and expertise to cut straight to the heart of any situation to deliver the very best solution.

  1. Stop repeating the same mistakes

You’ve handled your HR issue, and come out the other side breathing a sigh of relief.   Back to business as usual… actually it’s a great time to take a step back and assess your current position and opportunities.

What lessons have you learned?  How can you prevent the same thing from happening again?

In many cases, if you decide to work with an HR consultant, you will be left with a detailed action plan so you can raise your game and become a better employer.

Ultimately though, never forget it comes down to you. Are you serious about nurturing your employees in the best way possible?  Issues are sometimes inevitable, and come hand in hand with running a business. What really matters is the ability to handle the situation in a way which best serves your employees and your business.

Get in touch with HR Revolution and let us conduct an obilgation free HR Audit, where will carry out a full review your current HR, including HR documentation, employee files and processes. We will provide a detailed report to summarise the areas that need attention, especially anything critical required to keep your business compliant with the most up to date employment laws and practices.

Please give HR Revolution a call on +44 203 538 5311 or email: info@hrrevolution.co.uk

HR Revolution – www.hrrevolution.co.uk

 

6 office tasks UK workers waste over 400m days a year on

Research commissioned by Red Letter Days for Business found that workers are wasting time on mundane office tasks, including replying to emails, attending pointless meetings or completing admin.

The research identified six key areas where UK employees are wasting their time:

  1. Too many meetings that go on for too long (46%)
  2. Too much admin (38%)
  3. Too many emails (29%)
  4. People management i.e. misbehaving colleagues (25%)
  5. Technology being slow (24%)
  6. A micromanaging boss (21%)

Employees spend an average of 1.2 hours every single working day in meetings, totalling six hours every week, whilst 22% say their time is eaten up by admin tasks, such as filling out timesheets.

Overflowing inboxes also prevent employees from getting things done, with 45% of workers saying they have to respond to emails out of their contracted working hours to keep up. 26% said that they have trouble finding documents due to their email volume.

It seems our modern office environment has created bad habits. Technology, such as emails, should be speeding up processes not slowing them down. Something is going very wrong here. Businesses’ need to work together to retrain on areas like email etiquette in the workplace and to encourage better collaboration and efficiencies.

The research also found 42% of employees have seen no response from their employer to the Government’s ‘Fixing the Foundations’ plan, launched in 2015 to improve productivity levels in the workplace.

Employees were also asked about what could be put in place to help improve their output. The top five responses included:

  1. Flexible working (22%)
  2. Better technology (19%)
  3. A happy workplace (17%)
  4. Increased job satisfaction (15%)
  5. Better recognition from senior management (14%)

The fact that flexible working is at number one is very interesting, most jobs now require us to be flexible with our time; in fact 44% of employees polled confirmed they did overtime because they have a flexible role and work to complete a job, rather than work specific hours. Yet, with 57% of employees confirming they only work from the office, it seems businesses need to catch up with the flexible working idea.

If you would like to discuss any HR issues, please give HR Revolution a call we’d love to help, call us on +44 203 538 5311 or email: info@hrrevolution.co.uk

HR Revolution – www.hrrevolution.co.uk

A version of this article first appeared in HR Grapevine.

Are you the Employer they want to work for?

Getting your company branding right is key, it says everything about you and the business you are promoting… and has a huge impact on the people that you REALLY want to work for you and the products and services you are promoting.

As business owners we all have a mission… to make a success of our business! For each of us though that success will be different; revenue, size, growth, reputation, global domination but we all have the same mission… to be successful.

To achieve this there are many key objectives to focus on; ensuring your products and services are right for the market, driving profits, hiring the right team, finding the best suppliers for quality, cost and delivery.   To get this all right you must focus on your brand message… the message that people (people being, potential customers, suppliers or employees!!) see you are giving off to the business world!

Think of a business that you would love to emulate, a business that if you were a potential employee, you would love to work for.  What attracts you to them? In the beginning it will be the brand that got you interested in the first place. Think Apple, Nike, IBM, Google, Adidas, Victoria Secret, Ralph Lauren, Porsche, VW… their brands are all very well defined and have an air of trend about them that makes you want to belong to their club!  Just like being back at school!  As human beings we naturally want to belong, to be part of a tribe, and that’s how the branding process works… learn how to build your own club/tribe and you’re half way there.

How do you know what your ‘club’ or ‘tribe’ should be?

Well that depends on what your culture is… at the centre of your brand, is the beating heart of your culture… once you have worked out exactly what that is and can put that down on paper – hey presto! your employer brand begins…

  • What are the things that make your best employees tick?
  • What is the ethos of the business?
  • What is important to you as a business owner, your morals, your ethics in business?
  • What do you expect from your teams?
  • Every brand has a promise… what is your promise to potential employees?

These are just some of the starting questions to ask yourself.

Now all you need to do is build your employee offering around that… create your job expectations, training manuals and induction and orientation programmes.  Design and tailor your appraisal and review processes and your employee handbooks to mirror and echo this brand promise and expectation and your people processes are and ready to roll.

Download our free helpful guide on How to write a good job ad and start being the employer of choice today…

HR Revolution – www.hrrevolution.co.uk

Why business owners shouldn’t turn a blind eye to a ‘sickie’

Pulling a sickie is becoming such a norm that there is now a National Sickie Day (it’s the first Monday in February in case you were wondering!). But this is a very unhealthy attitude towards sickness and employers have a vital part to play in preventing it from infecting their teams.

What is a sickie?

We all know that there are some days when your employees will wake up and just want to roll over because they couldn’t think of anything worse than having to be at work. And whilst the majority sip their morning coffee to feel human and fuel themselves for the day ahead, many workers are burying their heads under their duvets, whilst trying to think of a credible excuse regarding their whereabouts to give to their employer.

National Sickie Day

So what is it about that fateful February Monday, that makes it a prime day for calling in sick? Could it be that many are getting over (or still continuing) their drinking binge after partaking in dry January? The findings from the latest Sick Report by breatheHR shows that 21% of workers have pulled a sickie because of a hangover.

Apparently we also need more time in bed during the winter and we’re more likely to get ill, making it the perfect season to feign illness. In a study by The Fine Bedding Company, a staggering 69% of the country’s workforce said they would be tempted to make the most of the national sick day.

Sickies aren’t just for skivers

Whilst there are some that pull a sickie because they are hungover or want to start their weekend early (21% and 14% of respondents respectively), the research showed that nearly half (42%) of those that pulled a sickie did so to rest and another 19% have done so to avoid a stressful situation at work. And it appears that this isn’t happening in isolation, as those that pull a sickie tend to do so on average 3 times a year. All of these reasons for pulling a sickie should be a red flag to an employer and shouldn’t be something that they turn a blind eye to.

What employers can do about sickies

The celebration of a National Sickie Day and high number of employees admitting to feigning illness to get out of work makes it clear that sickies are becoming normalised in the UK’s working culture. In order to minimise the number of sickies in your business there are a few things that you can do, if you haven’t already!

Implement an absence policy

Don’t accept text messages or vague emails as acceptable ways for employees to report sickness. Put in place a process that both you, as an employer, and your employees should adhere to if a case of sickness arises – whether it is true or not. That way everything goes through the same procedure as per your sickness policy and is dealt with in the same way ensuring consistency and support for your staff. Hopefully resulting in a speedy return to work.

Record and measure sickness

There are a number of methods that you can use to record and measure absence. A number of small businesses use spreadsheets and keep a record of any return to work interviews, whereas others use absence management software to keep track of the absence data relating to their businesses. The important thing is to ensure that you are measuring and recording absence effectively so that you can pick up any trends to identify any recurring absences and help your staff with any potential issues they are having.

Engage your team

If your team is uninspired and unengaged, then it is likely they’ll find reasons not to come into work, so focus on ensuring your team stays engaged.  Make sure that employees enjoy their work, respect and support each other, and get acknowledgement, training and support.  Most importantly is that work/life balance is kept under control and if someone works late or over a weekend, they are given off days in lieu. In return you get employees who want to come to work, who want to be part of the business and who are fully engaged.

Open up communication

It is worrying to see that 19% of respondents have pulled a sickie in order to avoid a stressful situation at work. Communication is a key part of business success and you need to foster an environment where open communication is accepted. This number is easily preventable and it could be lowered if small businesses opened up clear lines of communication for their employees to be able to discuss situations.

Lead by example

Our plugged in, always on culture is leaving everyone in a bit of a conundrum on where the line is between work and life, if such a thing exists. Half of business owners questioned admitted that they have contacted an employee whilst on sick leave. Therefore, if you can set out your expectations for your workers when it comes to appropriate times to be working (whilst on sick leave shouldn’t be one of them), and adhere to them, it is likely that they will follow suit.

You’ll be lucky to completely stop sickies taking place in your company and they are certainly not something that you should ignore, but introducing a stricter policy for reporting sickness and communicating your expectations would be a good place to start.

HR Revolution – www.hrrevolution.co.uk