FRIDAY HR FAQS – Can an employee take annual leave whilst on long term sick leave?

Understandably an employee who is on long term sick leave and taking their annual holiday might make some employers raise their eyebrows, after all if they are well enough to take annual leave, why can’t they return to work?

Not quite, employees on long term sick leave are entitled to take annual leave and there are a multitude of reasons why an employee might be on long term sick leave from work and this does not impact their ability to use their accrued annual leave.

Some key points to consider:

  • Employees on sick leave continue to accrue holiday in line with the Working Time Directive.
  • If company policy is that holiday cannot be carried over into the following year, it is not lawful to enforce this onto employees on long term absence, they must be entitled to carry it over.
  • Even though employees are entitled to take annual leave, as an employer you are not able to force employees to take it whilst on sick leave nor are you able to tell them that if they don’t use it they will lose it on their return.

As an employer you have a duty of care to your employees so it is important to consider their rights in this situation.  Think about the reasons why they may be taking their annual leave, rather than presuming this is indicative of them being well enough to return to work.

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One key reason that employees might want to use some of their accrued leave during their absence is financial necessity. Whilst some employers are able to offer benefits to their employees such as Income Protection or Critical Illness, a large majority, particularly small to medium sized business, are not able to. For this reason and depending on the employer and the length of the absence, they may no longer be on company discretionary sick pay, but on statutory sick pay and beyond the 28 weeks of statutory sick pay, be living on no pay at all. Taking annual leave, which is paid at their usual salary rate, can be a financial necessity at a difficult time.

Other reasons for employees taking leave might be to reduce the amount they have in preparation of a return to work, or they may need to take annual leave for their own well being. Taking annual leave doesn’t necessarily mean that they are going abroad or taking a wild holiday!

As an employer, it can be beneficial for the employee to take some of their accruing annual leave whilst on long term sickness:

  • It can help improve the well being of the employee – financially and psychologically.
  • Allowing leave to be taken during extended periods of absence, will reduce the amount that they will be entitled to when they return to work, which would then therefore reduce them needing to take more time out of the business for holiday.
  • If the employee decided to leave the company, any accrued leave not taken would need to be paid out and depending on the length of the absence, this could be a substantial sum of monies to be paid at one time.
  • Remember, there is no real reason for refusing annual leave and doing so could potentially put an employer under breach of contract (for lack of trust and confidence), as they have no valid reason for declining leave, as they can not claim operational reasons.

Whilst we acknowledge that employers generally want to encourage employees to return to work, they should also support them to improve their well being.

One way to ensure clarity for all parties, is to have comprehensive annual leave and sickness policies, which need to be reviewed regularly to ensure legal compliance.

If you would like further HR advice on handling long term absence get in touch with HR Revolution:+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.

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Our new website has launched…

We are excited to announce our new and improved website has been launched…

We’ve listened to our clients and customers and made some key changes.

We our proud that we take an innovative approach to HR, cutting through the industry jargon to help make a real difference to any business, by providing excellent HR consultancy and HR support.

We know HR can be a scary prospect for businesses both big and small and there is a lot to take in.  However we ask questions that other HR consultancies don’t, because we want to make a positive impact on your business and understand your people, by providing excellent HR and Talent services in the form of employee documentation, support, management and advice regarding employment queries and processes.

Come and take a look:

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might be interested in then please give us a call on: +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.

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Probation reviews – how to make them work for you…

The first day, the first week, perhaps even the first month! These are generally key milestones for you as a new employee. Hopefully, by the first month you’ve mastered the tea/coffee round, you’ve found your place within the team and you’ve fallen into the pattern of the day-to-day routine; you may even have even forgotten that you’re still a newbie… until you’re reminded of the, often, dreaded probation review.

‘Is it a test?’, ‘Have I been doing my job as well as they’d like?’, ‘This is a waste of time!’, ‘What is the point of this?’  the questions are endless and I presume the feelings are mixed.

An employers approach to the probation review varies from company to company. Some have a very structured approach and almost treat it as a ‘test’, whereas others have a 5 minute chat over coffee to ‘check in’. However, either approach can bring about negative feelings for the employee if not managed properly, so employers beware!

The probation review is often viewed as a tool only for the employer.

  1. To check the employees true skills and understanding of the role and job.
  2. A check to ensure the company have hired correctly and effectively an employer’s safety net, as you will.

However it can also be a powerful tool for you the employee, here’s how:

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Review

The review provides you with a chance to check the work you have done so far against what you were employed to do. You can do this by looking at your job description. This will highlight areas that you may not have covered yet, which is something you can discuss with your employer to ensure you are covering the full responsibilities of your role.

Assess

Use the review as an opportunity to assess whether the job has met YOUR expectations. Think about what you have liked so far and what you have disliked. Reflect on your initial perception of the job before starting and how the reality matches up. Do you have any concerns?

This is very useful for your well being, if you feel any negativity towards the role this is a great time to put this to bed. It could be resolved with a change in your working environment, a change or clarification of a complicated process or simply some reassurance that ‘’you are doing a great job, keep it up!’’

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Discuss

Employers use reviews as a way to assess your performance. You can use this as a way to show off and reaffirm what you have learnt to date. Don’t be scared to ask questions about things you aren’t sure of or may need extra training on. To experience the full benefits of a review it is important to be completely open with areas you are struggling with. This allows your employer to support you and ultimately strengthens your relationship.

Also use this as an opportunity to show your employer your aspirations! A helpful tip: go in there with a project, perhaps there is something you have noticed that could be developed or implemented or something you would like to learn, big or small, that will not only aid in your development but add value to the business.

Ask

Ask for feedback for your own progression and improvement. This will give you a good understanding of how you’re doing. It also gives you an idea on what you need to work on in the coming months leading up to your first quarterly or annual appraisal and the willingness to improve will always be noted by an employer.

Take ownership of your probation review, don’t treat it as an examination or a quick conversation by the photocopier. Treat it as an adult discussion, where both parties can benefit and support each other; a discussion that will pave the way to a healthy and strong employment relationship.

If you need any advice or guidance, please get in touch with us to find out more:+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.

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FRIDAY HR FAQS – What are the pro’s and con’s of remote working?

Remote working is here to stay and with statistics indicating that over 4 million people in the UK work from home, the way we work is changing. Employees and employers alike are pushing for options to work remotely, but do they know what they are signing up for?

Below we list some of the pro’s and con’s you need to consider before thinking about implementing a remote working policy.

Pro’s

1. Flexibility – having the flexibility to work where you want means you can create the ideal workspace for yourself, while also having the option of attending events or traveling to various meetings on your schedule. Similarly if you work better at a certain time of the day, you can adapt (within reason) your work day around this.

2. Save money – working from home benefits employees, as they can take home more of their hard-earned money each month. Working from home can also help them save on food no need for lunch or morning coffee.

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3. Family commitments – these are much easier to manage when employees don’t need to worry about travelling to work. They can pick up and drop children off at school without needing to arrange childcare and might even opt to look after young children at home whilst working, saving on childcare costs.

4. Not working in an office environment, means work place dramas or disagreements between employees could be avoided.

5. Allowing employees to work from home may mean that you are able to encourage a more diverse workforce. You could have a team who live at opposite ends of the country or even across the globe, bringing diversity, variation and new ideas to the company.

Con’s

1. Working remotely could mean that you’ll have less face to face contact with your, peers, manager and possibly clients. It can make it hard to stay in the loop with your team which could lead to complications and mistakes further down the line. In an office you can be surrounded by your team and are able to bounce ideas from each another. Home working could lead to a team that are less motivated which could cause delays.

2. Some situations at work call for fast effective action. If you’re faced with a problem at work which requires an urgent solution at 8:30am and your manager decides to start work an hour later, this could cause big delays in solving the problem, putting the company at risk.

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3. Working in an office has many social benefits and can promote positive wellbeing for employees. However working from home can be isolating for some. Many employees could spend their working week at home without having to leave their surroundings. Remote working means you could say goodbye to happy hour and social events with colleagues and this could lead to a strain on employee’s mental health and affect productivity.

4. If employees have a space in their home where they can work effectively that’s great, but for those who don’t or are easily distracted by household chores or young children, it can be less effective.

Whether or not you think remote working is for you or your business, there is a lot to consider. A good work life balance is important for everyone, so it’s vital that you plan all factors regarding employees’ working environment.

If you would like some friendly, helpful HR advice, get in touch: +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.

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FRIDAY HR FAQS – Can I make someone redundant on Maternity Leave?

There is a common misconception you can’t make someone on maternity leave redundant. While it is possible, you should always exercise caution as it is likely to be risky and should only be used as a last resort.

To begin you must ensure that the redundancy is lawful and genuine under these three qualifying reasons:

  • when the business closes down either temporarily or permanently;
  • when the business moves and the employee cannot get to the new place of work;
  • when fewer employees are required for existing work.

If the redundancy qualifies under any of the above, then you must make sure you follow the correct process.

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Under the Equality Act 2010, it is unlawful to disadvantage someone because of their pregnancy and maternity leave and they have protected employment rights regardless of their length of service. This essentially means that their pregnancy or maternity should have no effect on your decision to make the individual redundant and the full redundancy process should be followed. Just because you have managed without someone on maternity leave by distributing their work is also not a valid reason to make them redundant and likely to be classed as unfair dismissal. That said if there is a genuine reason for the redundancy decision that would have been exactly the same if they weren’t pregnant (i.e. their pregnancy or maternity has no bearing on your decision – and you can prove it) you can terminate their employment fairly, as long as you have followed the proper process and are able to prove their maternity or pregnancy has not disadvantaged them if they made a claim.

The redundancy process for these employees includes:

  • Ensuring employees on maternity leave are kept up to date with any Company announcements while they are off.
  • Consulting with employees on maternity leave who are at risk  – redundancy with failure to consult would be classed as unfair dismissal.
  • Selecting those employees for redundancy fairly.
  • Ensuring their notice period and any accrued holiday are paid.
  • Ensure that anyone on maternity has preference for any suitable alternative roles that maybe available.

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If there are multiple people to select from, there would need to be a very clear reason why someone on maternity leave was made redundant over an employee who wasn’t.

HR Revolution would highly recommend that you don’t pick someone on maternity leave or pregnant unless there is a very clear reason for doing this. If there are alternative available roles that are suitable then someone on maternity leave should get preference to minimise any risk of unfair dismissal.

It is also worth noting that if an employee is on maternity leave or pregnant and is made redundant after the 15th week before their due date, they will still be entitled to their full 39 weeks SMP.

Always seek advice before making someone who is pregnant or on maternity leave redundant, HR Revolution can guide you seamlessly through the process to ensure you do not put yourself at risk of an unfair dismissal claim!

Give us a call on: +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.

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FRIDAY HR FAQS – Bullied by your Boss? What should you do?

Unfortunately these days, bullying does not get left in the school playground and for some it continues well into adulthood, making their lives miserable. Bullying is becoming more common within the workplace and while peer to peer bullying is bad enough, being bullied by your boss can be even worse!

It is of course important to distinguish between a manager being firm and disciplining if work needs to be improved (and they have the right to do this), or when it crosses the line into bullying. A bully seeks to control their target through humiliation, mistreatment, shaming, aggression, isolation and general unpleasant behaviour.

So what should you do?

Recognise what is happening. The first step in dealing with bullying, is to recognize it for what it is, to realise that you are not to blame and to protect yourself from harm. Ask yourself, are you given unreasonable tasks by your boss? Are you threatened? Are you insulted or criticised or ridiculed in front of colleagues? Are you yelled or sworn at? Are you constantly denied recognition for achievements? Are you made to feel excluded? These are all signs that you could be being bullied.

 

Document the situation. Make sure you keep a track of what is going on once you realise you could be being bullied. Document any incidents, so if the situation is ever dealt with formally, i.e. a grievance or disciplinary procedure, you have clear evidence to back you up. Keep it formal and factual rather than over emotional,  include dates, times, quotes, tone of voice, names of those involved including any witnesses present and how you felt at the time. Keep copies of any relevant documentation that could be used as evidence, i.e. email correspondence, performance review documents or text messages. Documenting is also good for your mental health, clearing things out of your head and making sense of it on paper.

Don’t isolate yourself. Bullies are experts in creating a feeling of self-doubt and making their targets feel alone – this increases vulnerability. So it is important not to cut yourself off, keep colleague relationships within the workplace as strong as possible to ensure you have a support network when dealing with this.

Don’t wait to ask for help! Talk to someone! This can be anyone, a friend, family member, colleague, a manager you trust or HR – talking about it will make you feel better! If you don’t feel comfortable talking to someone you know, you can seek impartial advice elsewhere, such as the Citizens Advice Bureau or ACAS. Make sure you research your rights, this will strengthen and increase your confidence when reaching out for support.

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Make a complaint. If you feel comfortable enough, approach the person and tell them what they are doing is causing you upset – they may not be aware the effect their actions are having. This could be face to face or via email, but with either method, be firm but not aggressive, stay calm and stick to the facts.

Alternatively, you can raise a formal complaint against the person as a grievance, your employer should have a grievance procedure (generally available in the Employee handbook) which will outline the process of what you need to do. The result of the grievance could result in either a reconciliation between the parties involved, a recommendation for mediation and/or counselling to try and resolve the issue, or a decision to take disciplinary action against the bully. 

If you have any issues or concerns about bullying in the workplace but not sure where to begin then get in touch, HR Revolution are here to help; call us on: +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.

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Putting a few HR myths to bed…

At HR Revolution, we’ve heard our fair share of HR myths and misinformation, so we thought we would list below the most common ones and why they are just that…

Employees don’t have a contract unless there is something in writing

A contract of employment is an agreement between an employer and employee whether it is verbal or in writing. Once work has commenced the employment relationship has been forged. A full contract of employment does not need to be given writing to make the agreement legally binding, however it is worth bearing in mind that it is a legal requirement for an employer to provide at least a statement of written particulars to an employee within one month of starting.

You can’t make a pregnant employee redundant

Yes you can. However it must be a fair procedure, you have to be very careful that there is no risk of discrimination in the selection process. Also be mindful that once a pregnant employee goes on maternity leave, they have extra legal protection by having first option on any available positions that they are qualified to do if placed at risk of redundancy. Make sure you take HR advice!!!

 No one can take you to tribunal without two years’ service

It is a common misconception among employers that dismissing an employee who does not have two years of service will mean that they are “safe” from an employment tribunal claim.  But an employee can and for a range of reasons such as discrimination related to any of the nine protected characteristics, like underpayment of wages of the National Living Wage or National Minimum Wage, breach of working-time regulations in terms of holiday pay or a breach of contract.

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I can decide if I want someone to be self-employed

No, there are strict rules for deciding the status of people in a business. It is unhelpful that HMRC and employment law rules are different in deciding if someone is an employee, a worker or self-employed as the recent cases of Uber and Pimlico Plumbers can attest!

You don’t have to give part-time employees the same benefits as full-time employees

Part-time employees must suffer no disadvantage, so must have the same benefits as full-time employees. Many benefits can be pro-rated for part-time employees, such as holiday allowance.

Casual and zero-hour employees do not get holiday

All employees and workers accrue statutory holiday from day one. This is 5.6 weeks prorated to hours worked.

I am not able to contact sick employees

Not at all, as an employer you have a ‘duty of care’ to keep in touch with a sick employee when they are signed-off to see how they are. However, this doesn’t entail daily calls and emails as this could lead to a harassment case. Also, regular contact should not just focus on their return to work, but their well-being and if any realistic adjustments could be implemented to help their return.

So there you have it a few HR myths debunked…

If you need and HR advice or guidance give HR Revolution a call and see how we could help: +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.

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Don’t let Summer impact productivity…

Well the holiday season is well and truly underway and workers across the country are looking forward to a bit of well-deserved time away from their desks, or maybe they have just returned from holiday and their heads are still on a sandy beach somewhere sipping margaritas!

However, whilst many people will be worrying about how much they can squeeze into their luggage allowance and whether last year’s swimwear still fits, many business owners will have more pressing concerns;  how to ensure that the summer season doesn’t have a negative impact on productivity?

As always, we’re here to help with some practical suggestions. Read on to find out more about what you can do to ensure that you’re doing all you can to avoid any problems.

Organise the holiday rota in advance

If you find yourself in a situation whereby 50% of your employees are off at the same time, it’s quite likely that you’re going to run into difficulties and those employees who are in the office will be struggling to cover their teammates’ absences and keep up with demand.  We have just the software to help with this, breathhr, simplify and automate your people management, to find out more click here.

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Obviously, it might be a bit late to get this sorted out for this year, but it’s definitely worth taking the time to think about how you’ll approach the working calendar next summer. As well, it won’t be long before you’ll have to start thinking about how you’ll manage your employees over the Christmas period, so you can probably take away some very important lessons.

Bring the summer feeling to your office

When the weather’s warmer and there are – let’s face it – many other things that your employees would rather be doing than sitting in the office, it could be worthwhile to think about how you can raise spirits and inject a bit of oomph back into proceedings. If some members of staff are away on holiday, you can ensure that those who are left behind aren’t feeling deflated and demotivated.

Your approach here needn’t cost you a fortune, and there are many options for you to choose from. Could you get in touch with a local ice cream seller and have them come round your workplace with some cool treats, paid for by you? Could you contact a nearby personal trainer and ask them to lead an outdoor workout for your employees? Small gestures can make a big difference difference.

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Give your HR processes an overhaul

It’s natural that there will be certain times of the year when you notice a change in productivity. Sometimes, slight fluctuations are unavoidable, and you need to simply do all you can to minimise the impact. If reduced productivity has become a longstanding problem though, it’s time to address the reasons why, and do something about it.

Your people processes and procedures will often provide you with clues, and they can also be the remedy. Is your business suffering as a result of poor management practices? Are you using outdated systems? Are your employees dissatisfied with certain aspects of their roles, or the way in which the business is being operated?

An overall HR health-check/Audit could be exactly what you need to start making some positive changes. We’d be delighted to have an initial chat with you about how we could help, 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.

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Why small businesses need HR

Interestingly small businesses make up more than 99% of private sector business and account for 60% of private sector employment: there are a lot of small businesses out there! Unfortunately another statistic is that the basic lack of correct management skills is responsible for the failure of over half of them.

Budgets are tight when small businesses start out, therefore a lot of managers are expected to multitask which means dealing with employee issues as well as growing the business. With focus on rapid growth, this results in the need for investment in an HR function being overlooked, which can actually have the opposite effect and halt growth in its tracks. Without the training required or the skills that HR brings, decision makers are not often able to identify and use the talent within their business to be able to push it forward in the right way.

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In most cases, and we see this a lot, small businesses only approach us once the problems have already started or when a major change happens in employment legislation. It seems that the mindset of small businesses is that the HR function is a reactive one, when in reality it should be part of the strategic planning they need from the outset.

Our Managing Director, Wendy Read comments:  “People are the key to a successful business, without them the wheels just do not turn. The problem is that most businesses don’t focus on their people and only concentrate on the bottom line. Our philosophy is simple; focus on your people, hire, on-board, train, manage and develop them and the bottom line will look after itself”.

If you would like to see how an outsourced HR consultancy can help why not 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.

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5 challenges of managing remote teams

Remote working or ‘working from home’ has become increasingly popular over recent years and with good reason. Businesses are changing and, in turn, so is the requirement for us all to be herded like sheep into grey office spaces miles from our homes. Business owners are starting to realise that certain employees can actually increase their quality of work and levels of productivity by being allowed the flexibility of remote working.

However, with an ever expanding global workforce, it’s becoming more and more important to be aware of the issues that arise in regards to effectively managing productivity within more productive remote teams, once you know what these are you can then decide whether or not it is a astute move for your business.

Below we list the 5 biggest challenges:

1. Accountability and visibility

Building trust between a manager and employee; if they aren’t sitting at their desk where you can see them, then how do you know they are working? If this isn’t addressed early on and you don’t have management information to see how and what they are delivering it will be an issue and one that could spiral out of control.

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2. Isolation and communication difficulties

If you have employees working remotely within different time zones, this may lead to a feeling of isolation for team members. If your employees also speak different languages there’s an added level of communication to factor in in order to make the team and business work.

3. Culture

A business that has their whole team or the majority of it’s employees working remotely will likely have to work harder than most to ensure it’s company culture is established and that individuals well-being is looked after. Remote working can cause a lack of team communication and therefore a poor company culture and team community – leading to employees feeling disconnected from the overall company mission and goals. A clear company culture and a feeling of purpose are essential for creating a motivated team, without these the team can begin to feel isolated and employees may become dissatisfied with their roles.

4. Security – both physical and digital

Policies and processes for office and online security are fairly straight forward to manage, but when you have remote workers the needs of those individuals may change because their working set-up is different. If appropriate security procedures aren’t dealt with as part of the remote working setupit could cause major issues and potential danger to business functionality. If remote workers feel unsupported or at risk this can quickly lead to disengagement and a loss of productivity.

5. Trouble separating work/home balance

The inability to ‘turn off’, is an ongoing issue for all workers, but these issues seem to increase with remote workers.  Working from home can lead to longer working hours and no real definition between work and home environments, this can result in longer or unpredictable hours worked, increased stress, a strain on personal and professional relationships and the threat of one or both sides taking advantage.

Having a balance between work and life is a very important and even more so now companies are offering new and improved perks to help support workers. Having a balance between work and life is very important and even more so now companies are offering new and improved perks to help support workers. Remote working can be a great incentive for employees – encouraging trust and reducing travelling time and costs. But on the flip side it can become a negative issue that results in low engagement, lack of productivity, burn out and even resignations. It’s worth remember that working remotely can be difficult and isn’t for everyone, especially if you are unable to define the difference between remote working and under-working!

Please be aware that a failure to address these challenges can cause decreased productivity and employee engagement, an impact on overall team morale, increased employee turnover and a negative impact on business outcomes.

If you need any help or guidance with managing remote teams do get in touch, HR Revolution are here to help: +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.

HR Blogger