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.

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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.

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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.

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HR Revolution’s guide for a successful 2018 – PART 3

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HR Revolution specialise in giving SMEs the tools, frameworks, and knowledge to get the most out of their employees ensuring that people practices help them to achieve big things and in the final part of this guide, we take you through the last key action points you need to consider:

Are your line managers firing on all cylinders?

Your line managers are the oxygen of your business. They motivate employees, help you to achieve your goals, and can often be your eyes and ears when the workload starts to mount up and you can’t possibly keep on top of everything on your own.

The managers that you choose can make or break your business, so it makes good sense to consider how you will support them in their roles, and ensure that

Here are some important points to consider:

  • Do you assess your managers on their leadership skills during regular performance discussions?
  • Are you giving managers the tools they need to excel in their role? If you don’t have carefully crafted people policies, for example, then you are not providing the focus and direction that is really required
  • Who are your managers of the future? Do you have a succession plan?

 

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How can you become an exemplary employer?

HR is not just about ticking a few boxes and making sure that you’re not breaking the law. Savvy leaders know that becoming the best employer that they can possibly be can give them a huge competitive edge.

But what does this look like in practical terms? And what do you need to look at to make the shift from compliance to true excellence?

Ask yourself:

  • What do people really say about working for your business?
  • How have you built a positive employer brand? And if you haven’t, how can you get started?
  • How does your performance measure up against other businesses in your area and your industry?
  • Would YOU want to be an employee in your business?

Are you tapping into modern technology?

Make 2018 the year when you finally decide to make your life easier by harnessing the true potential of systems and processes. It could save you time, money, and a whole load of stress.

 

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Here are some points for you to consider:

  • When’s the last time that you caught up with your current providers? They may have new tools that you can utilise, or suggestions on how you can ramp up your return on investment
  • Where are you putting man-hours into tasks that could be automated?
  • What new solutions are being launched into the marketplace that could help you to achieve your goals?

Where do you want your business to be a year from now?

Whilst you’re getting down and dirty with the nitty-gritty considerations, be sure to keep an eye on the bigger picture and what you need to do to make real progress towards bigger goals.

Take a look at:

  • Where you are right now, and the reality of the obstacles that you’ll need to overcome to move forward
  • Where you will have to make investments to ensure that you have the skills and practical tools that you need
  • How you can make fast progress, without cutting corners and creating avoidable problems

Summary

There’s absolutely no doubt about it… If you make your way through the considerations that we’ve outlined in this guide, and you take action against them, then you can make massive leaps forward during 2018.

You don’t have to do everything at once, but you do need to be sensible with your time and make sure that you’re consistently making time for implementation.  Download the complete guide below.outsourced hr - hr revolution

Maybe this information has made you realise that there’s huge room for improvement, and you need a helping hand with getting started. If so, pick up the phone and give us a call. We can carry out an initial assessment of your strengths and weaknesses in terms of your HR practices, and give you advice around how we may be able to guide you through making meaningful and profitable changes.

I hope you enjoyed our guide and that it has given you food for thought… why not give us a call, or visit our website: HR Revolution, we are ready to answer any questions you may have +44 203 538 5311 or info@hrrevolution.co.uk

HR Revolution, expert CIPD HR professionals, supporting your employees and business.

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How to nail your 2018 HR planning…

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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.

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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.

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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…

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How to identify stress in the workplace…

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What is stress?… the definition provided by the Healthy and Safety Executive (HSE) is “the adverse reaction people have to excessive pressures or other types of demands placed on them”.

As most people are aware stress is not a new problem, but it is something that employers now need to treat very seriously.

For employers the impact of stress is a very real problem.  Not only does it effect an employee’s health, morale, productivity, performance and attendance it can affect business productivity, employee turnover and reputation.

There is also a marked difference between stress and pressure.  In most jobs there is an element of pressure, but this can make employees feel challenged and motivated which can have a positive effect on performance.  Stress however, can cause a detrimental effect to employee’s mental and physical health and well-being.

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According the the HSE there are six main causes of stress in the workplace:

  1. Demands – Employees may be unable to cope with the demands of their job, feel overwhelmed with work pattern, workload or environment.
  2. Control – Employees may feel stressed if they feel they are not in control about how they carry out their work, this can lead to them under-performing and feelings of isolation.
  3. Support – Employees can feel stressed if they are not being supported in the workplace by managers or colleagues.
  4. Relationships – If relationships within the workplace are causing stress, this can lead to allegations of bullying, harassment and bad team dynamics, and can lead to employee grievances being raised.
  5. Role – Employees can experience stress if they don’t understand what is expected of them in their role and responsibilities.
  6. Change – Managing change can be very stressful for employees, causing them to worry about how change will effect them.

As an employer it is always good to be vigilant as it is not just the workplace that causes stress.  In many instances personal issues such as relationships, family bereavement, illness and money can have an impact on a employees health.

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Spotting signs of stress is key.  You may notice a change in an employee’s behaviour, habit or routine, for example smoking or drinking more, taking more time off or making uncharacteristic mistakes.

If you feel that you have an employee that is suffering with any of the indicators above and don’t know how to handle it, please get int touch with us at HR Revolution +44 203 538 5311 or email: info@hrrevolution.co.uk, we can help you navigate any issues and make sure that your employee feels fully supported.

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Best practice guidelines for employers with employees who give birth to sick or premature babies

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“Working parents deserve support at work, and those who have premature babies should expect nothing less than total backing from their employers at what can be an exceptionally difficult and worrying time.”                          (Business Minister Margot James)

As an employer, are you aware of the statutory entitlements and the best ways in which to support your employees with premature or sick babies? Here are some of the best practice guidelines to help employers manage employees through this difficult period.

MAT B1

MAT B1 forms must be provided in order to receive Statutory Maternity Pay. In such circumstances as a premature baby, mothers are unable to obtain a MAT B1 form before the baby is born. In the chaos of it all the parents may forget or not be aware of the statutory requirements for SMP so, when/if appropriate, the employer could give the employee a supportive reminder.  HRREV recommends providing expectant employees with a Maternity Pack which highlights points such as this. This will prepare the employee should something like this happen and be a central point of reference during any stage of their pregnancy/birth.

Whilst the employee is waiting for their SMP to kick in it may worth considering providing the employee with financial aid such as a loan or advance in salary. Whilst handling offers like this sensitively you should always formalise such agreements in writing.

Communication

Communication is always a grey area when an employee goes on maternity leave. Employers should always ask the parents if they are happy to be contacted and what the best way of doing so is.

Take care when first communicating with the employee after the birth of their child. Usually congratulations are in order, however it may not be appropriate in some circumstances but it is still important to acknowledge the birth perhaps a “thinking of you and baby card” or a personalised video message from the team.

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Fathers/ Partners

It’s important that an employer is compassionate towards the father/partner of the mother. They will also be stressed and their main priority will be supporting mother and baby. As an employer you may need to be flexible with time off or working hours. It is important to remind fathers and partners that they are eligible for Paternity leave and pay, which they can take within 8 weeks of the actual date of birth or within 8 weeks of the expected date of birth.

Family Friendly Entitlements

To further support the parents, remind the employee about their entitlement to parental leave, special leave and/or (if you are happy to accept shorter notification) shared parental leave. Perhaps refer them to the policies within your employee handbook so they can digest the information in their own time.

Communication to their colleagues

Employers should sensitively ask the parents what they would like to tell their colleagues. The extra support of their work colleagues could really help the parent feel supported by their company, making the transition back to work easier when they are ready.  Some parents will prefer privacy and it is then up to the employer to ensure that this is communicated to their colleagues to ensure no upset it caused.

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 Death of a baby

Sadly some parents experience the death of their premature or sick baby. It is important to remember that the mother is still entitled to take up to 52 weeks of Maternity leave and 39 weeks of Statutory Maternity pay (if eligible). Similarly the father/partner of the mother is also able to receive Paternity leave and pay (if eligible).  Ensure that this is communicated this to the employee compassionately and at an appropriate time.

Returning to work

Returning to work can be a difficult time for most parents, however if the baby is born early or sick and still in hospital this can leave the parents feeling more anxious and worried than normal.

Employers should recognise the need to support the employee by providing them with a flexible return to work plan, balancing the needs of the business and their parental pressures. It is also important to provide a return to work plan that is well structured and eases the employee into their role at a pace they are comfortable at.

Employers should always seriously consider formal/informal flexible working requests. Refer to a flexible working policy and discuss the options with the employee upon their return. This may help make them feel more supported and alleviate their work worries.

If you need further clarification or would like to discuss any of the guidelines above, please do get in touch with HR Revolution, friendly, expert HR experts who are here to help.  Call us today +44 203 538 5311 or email: info@hrrevolution.co.uk

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Why you need HR Revolution

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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.

Get in contact to discuss how we can help +203 538 5311 or email info@hrrevolution.co.uk

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Do you need to recruit new talent?

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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.outsourced hr - hr revolution
  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. Download our helpful free guide to recruiting talent below, or call us on +44 203 538 5311 or email: info@hrrevolution.co.uk

Click here: HR Revolutions Guide – Recruiting Talent

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