Four HR Trends To Expect In 2024

The world of HR and the workplace has undergone so many changes in recent years. Through technological advancements and shifts in cultural opinions we expect that the workplace in 2024 will continue to adapt and change. It can be easy to continue on as before however, business that cannot or who refuse to adapt and change run the risk of getting left behind and missing the opportunity to be leaders of change.

We’ve pulled together the HR Trends that we think are going to make the most impact for organisations. The most important ones for employers to focus on in the year ahead.

AI

It’s become something of a buzzword in recent years but it’s clear that not only is AI here to stay- it’s also going to transform the workplace. At it’s very core this is a technology that has been introduced and can be trained to perform both menial and also advanced human tasks. Exploring ways AI and other digital transformation can be utilised to support transactional activities and free up time for employees to add value in other ways is key. It’s important to note that this will likely require a redevelopment of skills for many people within your team.

AI isn’t here to replace your team- it’s important you make this clear and bring them on the journey with you. This is something new not only to the team but also to you. Look at the bigger strategic picture and work to ensure team members have the skills they need so their energy can be focused on what matters. As Forbes said, the greatest benefit of AI is in augmenting and improving processes that already exist with the people already in your team.

Employee Experience

Following trends such as the Great Resignation and Quiet Quitting individuals are much more willing to move from role to role in the pursuit of better development and pay. Why? Because of the growing demand for better work experiences. The employee experience stretches beyond just their experience in the workplace. It extends to aspects such as their job design. Now more than ever employees are looking for non-traditional job designs that help them balance work and life. For example, employees are more likely to stay in a role or move to a role that offers flexible arrangements for their overall wellbeing. Tailoring job design to your employees and your organisation will be key in 2023. It will be the year of inclusive and engaging work environments. Job design is such an (important?) tool to enable this to progress.

The individual contributions of our people go hand in hand with your organisational goals. Progressing in their career is important to people. Supporting the development of your team will boost morale, help with employee engagement, benefit your work culture and help with not only retention but also talent attraction. If this is your workforce, they’re going to want to your business to succeed. This will prove to be important for 2024 and beyond.

Equality, Diversity and Inclusion

In 2023 EDI was thrown to the forefront of many senior internal conversations. A question that has likely come up time and time again ‘are we doing enough?’ followed by ‘if we’re not, what should we be doing?’ in the wake of one of the largest social justice movements many organisations made ambitious statements and commitments to EDI that they haven’t been able to fully stand by. Coupled with a divided society that brands some actions as “woke” and others as “performative” it’s understandable that organisations are somewhat wary of EDI.

It’s important to remember that EDI stretched far beyond just race. While that has it’s importance and is still an element you need to consider. EDI covers many other aspects. For example gender, neurodiversity and sexual orientation. It’s becoming increasingly more important to potential employees to work in organisations that best align with their personal beliefs and places that sit right within their moral compass. With a study showing that 95% of candidates compare EDI efforts when picking job offers- EDI is more than just a buzzword to be used to make your organisation look and feel good. It has to be a commitment you make to create the kind of workplace where everyone feels valued, safe to show up as their truest self and welcome when they do so.

EDI initiatives and the employee experience go hand in hand. It’s all about developing a positive employee culture as a whole and embracing a real approach to the wellbeing of your people- not just talking about it.

Wellbeing

It’s often the case that wellbeing is used as a tool. Something organisations talk about but within their workforce the reality couldn’t be further from the truth. This is called ‘wellbeing washing’ where there’s no tangible actions to back up what you’ve said. Wellbeing is a non-negotiable for organisations in 2024. In 2023 we’ve seen issues such as mental health, burnout, and musculoskeletal as key indicators for absences. With workplace wellbeing challenges on the rise, the new year is the perfect time to address and put in place solutions.

Company culture

We’ve all heard of toxic work cultures, but what actually are they? They tend to be workplaces where employees aren’t supported, valued or respected. It’s likely that the people within them have high levels of stress unmanageable workloads and little to no opportunities for growth or development. More often that not a toxic work culture will trickle down from the very top. If you’re an organisation using 2024 to catapult yourself to long-term success, then creating a positive work culture isn’t just a nice to have. It must become the focal point for your work culture. In turn you will create an engaged, positive and loyal workforce.

Managerial relationships

Do your employees feel comfortable speaking to the leaders in your organisation about any struggles they might be facing? It’s common for employees to avoid discussing any non-physical health issues with their manager. Employees want to feel supported and psychologically safe at work. The line manager is such an important element in the pursuit of good health and wellbeing in the workplace. A recent report by CIPD found 43% of line managers don’t feel they nave the necessary training, skills or confidence to support the mental health of employees. This common challenge can act as a blocker for employee wellbeing.

The decisions you make have far reaching consequences, that we might not even see for years to come. Choosing the right path for your organisation will be a journey. It will take innovation, authenticity, and also strategic foresight to ensure you make the right decisions. The changing nature of HR means that ignorance is not bliss- and choosing to ignore the trends can have a negative impact on your organisation and in turn the success of your business.

Making important strategic decisions for your organisation isn’t something you have to do alone. Our dedicated HR & Employment Law Specialists are on hand to help you make the right decisions to support your organisation. If you have any queries please do not hesitate to get in contact with James Richardson, or a member of our HR & Employment Law Team.

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How Can HR Teams Take The Blues Out Of Blue Monday? 

It’s a brand new-year, and for many people this means an exciting, fresh new start. For others, this period (and the month of January in particular) can be the gloomiest in the year. Whilst we all acknowledge that January only has 31 days, it can feel more like 61 days for some, and the half-way point of what is considered the longest month of the year is “Blue Monday”; the day perceived to have the highest workplace absence rate.  

What is Blue Monday and why should HR Teams be aware of it?

Gone, is the festive joy, the last of the Quality Streets and the promised New Year’s resolutions. All that appears left is the extra pounds (on your thighs and not in your wallet), a liver that could do with your attention and that awful sinking feeling that you need to change things in your life, including your job. 

This doesn’t sound like the fresh new start lots of us are looking for with a new year, does it? 

The good news is that Blue Monday does not actually exist and is certainly not a scientific fact. It was a marketing stunt dreamt up by a psychologist who goes by the name of Dr Cliff Arnall  and started almost 20 years ago. It’s supposed to account for the long stretch until pay day, the worsening weather, dark nights and lapsed new years resolutions.  It’s also linked to the “winter blues”, Ior seasonal affective disorder (SAD) which affects around 2 million people in the UK and can affect any age, including children.  

The holiday cheer subsides leaving behind a feeling of emptiness for some which we feel the need to fill. Some of us will think the answer is to change our job role, infact, research published from Glassdoor identified that almost 1 in 5 people in the UK will change jobs in January.  

Navigating the “Blues” and beyond

As Employers, if we acknowledge that employees might start to feel like this at the start of a new year, what are we doing to address this, and what more can we do?  Its important to recognise that not all voluntary turnover is bad, an employee with a bad attitude or one who consistently fails to perform might actually be a welcome relief. Turnover becomes a problem when you cannot hold on to your skilled employees and this negatively impacts the bottom line. 

As an Employer, it is crucial to understand what make your employees “tick” and its not always about money. Giving salary increases is not always the answer and can be a very expensive mistake to make.  

When was the last time you conducted an Employee engagement survey? This is the ideal platform to gain insight as to what your employees like, what they don’t like, why do they enjoy working for you etc. Most importantly, what have you done with this data? 

Top Tips for Addressing the Challenges of Blue Monday

Communication and Feedback

Encourage employees to share concerns and frustrations. Feeling heard and listened to can significantly impact job satisfaction. Carry out an Engagement Survey, share the results and be honest about the changes that can be made and by when. Keep everyone informed of progress made.  

Development Opportunities

Employees are more likely to stay if they feel valued and can see how their role impacts the overall company goals. Ensure annual reviews are completed and objectives are continuously followed up throughout the year, discuss opportunities and invest in training. 

Prioritise Wellbeing

Acknowledge the potential challenges of “Blue Monday” and the post-holiday period. Offer mental health resources, encourage breaks, create a supportive atmosphere and encourage a healthy work life balance by avoiding an excessive workload after the festive period. Be an ambassador and encourage conversations on these. 

Recognition and Appreciation

Small gestures of recognition can boost morale and motivation and a simple thank you can go a long way.  

Team Bonding

Foster a sense of belonging by strengthening connections in the team. See Blue Monday as an opportunity to do something fun with the team.  

Blue Monday may a have a rather gloomy reputation, but hopefully we can use this day as a reminder to prioritise  and value our people. If you would like to discuss any aspect of blue Monday, employee engagement, workplace wellbeing or any other HR or people challenges, please contact Michael Black, or your usual AAB People contact. 

 

 

 

 

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Calculating Holiday Pay- What Do I Need To Know?

It’s that time of the year again- the time of the year to start calculating holiday pay for your employees. In theory that sounds like the most simple thing, however it can come with complications. Earlier this year we provided an overview for employers on the Updates to Calculating Holiday Pay that centred around the Harpur Trust v Brazel (2019) court ruling. Since then, there’s been further updates that all employers should not only be aware of but should be taking notice of before they make any calculations.

Harpur Trust v Brazel (2019) – A REMINDER

To recap, the Harpur Trust v Brazel case involved a music teacher on a zero hour contract who disputed her employer’s calculation of her holiday pay. Initially, the school calculated her pay based on a fixed percentage of her earnings at the end of each term, which resulted in less holiday pay for her. The employee argued that her pay should be based on an average of her earnings over the previous 12 weeks (from 6 April 2020 this reference period was increased to 52 weeks), which would have resulted in a higher amount of holiday pay.

The case was initially dismissed by the Employment Tribunal but was later reviewed by higher courts, including the Supreme Court, which ruled in favour of the employee. The courts concluded that part-time workers and those on zero-hour or casual contracts should receive a full 5.6 weeks of annual leave, calculated based on a 52-week average of earnings.

This ruling caused concerns among employers, as it increased costs and impacted flexible working arrangements. The government then added this topic to a review they were completing to assess the ruling and determine if it should be overturned or made permanent legislation, taking into account the impact on employers and ensuring fair annual leave entitlement for all workers.

THE OUTCOME OF THIS RULING

The long-awaited outcome was issued by Department for Business and Trade on 8th November 2023. The highlights of the outcome in relation to concerns around the Harpur Trust v Brazel case were:

  • Introduce an accrual method for calculating holiday entitlement for part-year workers and irregular hours workers, and will be the method of calculation in their first year of employment and future years. Entitlement will be calculated as 12.07% of hours worked in a pay period. Other workers will continue to accrue leave at 1/12th of their entitlement on the first day of each month during their first year of employment. Workers will NOT be able to accrue more than 28 days statutory annual leave.
  • Sanction rolled-up holiday pay (RHP) to be allowed for part-year and irregular hour workers only. This was previously found to be unlawful by the UK Government but following the review can be used by employer, it must be calculated at 12.07% of the worker’s earnings during the pay period.
  • To define in legislation what the government means by part-year workers and irregular hour workers. Stakeholders requested that the Government is clearer on who this captures in relation to the effect of the Harpur v Brazel judgment.

CALCULATING HOLIDAY PAY – A REMINDER OF THE BASICS

It would be remiss of us to provide an update on calculating holiday play, and to predict any changes which may come, without providing a roundup of the basic details every employer must adhere to when calculating holiday pay.

Further to the update to legislation in April 2020, employers must also ensure that if there employees receive “variable pay”, they complete a 52-week look back to confirm what the employee’s average weekly earnings would be. This pay should include any overtime, commission, bonuses or other regular payments. If an employee has not been with their employer for the full 52 weeks, you should asses from the start of their employment. It is important employers to keep an up-to-date reflection of the average weekly pay to ensure employees are pay correctly when they do take annual leave. If you are unsure of how to calculate an employees pay if their hours fluctuate frequently or are not sure if a payment would be considered as a regular payment, please seek out professional advice.

OUR ADVICE & RECOMMENDATIONS

Calculating holiday pay should be relatively straight forward. However, tribunal cases such as Harpur Trust v Brazel, changes to employment case law and changing work patterns continue to give employers additional factors to consider.

It is unclear at this point when the government will formally make the aforementioned changes to legislation or introduce new legislation following recommendations as appropriate. This will likely take time to be implemented, if the changes are likely to take place prior to the next general election should be confirmed in coming months. Employers should stay up to date with developments in this area and seek legal advice to ensure compliance with any changes to the law.

If you have any queries on calculating holiday pay, please do not hesitate to get in contact with Georgia Wilson, or one of our HR & Employment Law Specialists.

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2024 Employment Law Changes- Are You Prepared?

After a year of change and upheaval for organisations across the UK and Ireland we are expecting at least nine employment law changes in 2024. These changes are likely to change the employment landscape for employers and employees alike. Political and economic factors have caused unexpected challenges and have even delayed some legislative changes we originally had expected back in 2023.

It’s so important to make yourself aware of the upcoming changes as early as possible. The year is already shaping up to be eventful. These changes are wide reaching and cover a diverse range of areas across Employment Law. The impact for employees is likely the largest we will have seen for a while. So, what changes are coming?

National Living Wage – April 2024

Significant increases will come into effect from the start of the new financial year, and the highest pay bracket has been expanded to included 21 year olds and over for the first time, pushing more over the threshold of auto-enrolment into a company pension. This will increase wages to support with the cost of living, but cause additional costs for employers who will need to consider this impact moving forward.

Holiday Pay – April 2024

Rolled up holiday pay will once again be permitted for those who work irregular hours, but only for those with a holiday year starting after 01 April 2024. The same goes for calculating pay which will be permitted with the introduction of new legislation allowing holiday pay to be calculated at the hourly rate of 12.07%, overruling recent case law.

Paternity Entitlement – April 2024

From April 2024, those seeking to take paternity leave will be permitted to split their two week entitlement into two non-consecutive periods, and the time where this leave can be taken will be extended to within 52 weeks of the birth of their child or placement for adoption.

Carer’s Leave – from April 2024

At present there is no absolute right to take time off as a carer, but this new legislation will provide employees with the ability to take one week of unpaid leave each year to support their caring responsibilities for a reasonable person.

Flexible Working – APRIL 2024

Flexible working rights are to be expanded, evidencing further that flexibility will continue to be the expected norm in the world of work. Firstly length of service eligibility will be removed, with requests being permitted from day one. In addition the amount of time employers have to respond to any request will be reduced from three months to two months. Finally, multiple request will be accepted as the right to refuse more than one request per annum will be removed.

Workers (Predictable Terms and Conditions) – September 2024

Enabling those with irregular hours to request a more stable and predictable pattern of work, this new statutory right will be open to those with 26 weeks’ service. Although the request may be refused for certain reasons to be outlined in the legislation, the general understanding is that a code of practice will govern what is acceptable and employers should be working with employees to provide better working patterns wherever possible.

Protection from Redundancy – APRIL 2024

With an effective date yet to be confirmed, it is worth noting that pregnant employees will soon receive further protection to prevent their dismissal in redundancy situations. This means considering them above other employees and is effective from when they tell you about a pregnancy all the way up until 18 months following the birth of their child – so well into their return to work from maternity leave. Please note, this legislative change will also be applicable to employees coming back into the workplace following maternity, adoption or shared parental leave.

Worker Protection (Amendment of EA2010) – October 2024

New rules will require all employers to take reasonable and proactive steps to prevent sexual harassment from occurring in the workplace. Policies and training will need to be sufficiently maintained, along with firm procedures to deal with issues and robust mechanism available for concerns to be raised. Failures may result in tribunal award uplifts of 25% to any awards if reasonable preventative measures are not taken.

Neonatal Care – April 2025

Slightly further ahead than 2024, but worth considering now. The new addition to family friendly entitlements will see those with babies admitted to neonatal care receiving up to 12 weeks of paid leave to provide some level of support in challenging circumstances.

In addition to all the above, it is also worth noting that although the Retained EU Law (Revocation and Reform) Act 2023 was quashed at a parliamentary stage this year, the government do still have the option to continue reviewing and reforming EU law as needed. We will need to continue to watch this space for further developments and potential implications as and when they arise.

Some timelines are yet to be confirmed, however we will provide you with updates as soon as any become available/ if any timelines are expected to change to ensure you can stay ahead of the curve.

Ensuring your organisation is UK Employment Law compliant is so important. With the changing nature of these legislative changes it can be so difficult to ensure compliance. That’s where we come in- our dedicated HR & Employment Law specialists are on hand to provide you with support to keep you complaint.

If you have any queries about the upcoming changes or any queries about Employment law as a whole, please do not hesitate to get in contact with James Richardson, or one of our HR & Employment Law Specialists.

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IOSH Managing Safely Training

FIND OUT MORE ABOUT OUR NEXT IOSH COURSE

IOSH Managing Safely Training

AAB People are accredited by the Institute of Occupational Health and Safety (IOSH) to deliver their market-leading Managing Safely course. The IOSH Managing safely course enables managers to:

  • Understand the structure and requirements of health and safety law.
  • Assess and control risks and hazards.
  • Understand their health and safety responsibilities and the responsibilities of others.
  • Effectively carry out accident and incident investigations.
  • Evaluate and measure health and safety performance.

IOSH MAnaging safely training – course details

Our next IOSH Managing Safely Training course will commence on Wednesday 8 May 2024 at our Glasgow office on Finnieston Street. This course will run for 3 days over 3 consecutive weeks; 8th, 15th, and 22nd May 2024 (9:30am-4pm). The course costs £350 per delegate.

IOSH Certificate

Upon completion of the course, you will be awarded your IOSH certificate, proving that you are certified to carry out Health & Safety responsibilities and training in the workplace.

more information on iosh managing safely training course

Who is Managing Safely for?

Managing Safely is designed for managers and supervisors in any sector, and any organisation worldwide. They won’t suddenly become safety experts – but they’ll get up-to-speed on the practical actions they need to take, and gain the knowledge and tools to tackle the safety and health issues they’re responsible for. Importantly, Managing Safely makes a powerful case for safety and health being an integral part of day-to-day management and business.

What does the business get?

  • Peace of mind from training that’s designed and quality-controlled by the Chartered body for safety and health professionals, IOSH
  • Flexibility – the programme can be delivered flexibly so that it suits your business
  • Efficient and effective learning – health, safety and environmental basics are covered in a single programme
  • Globally-recognised, respected and certificated training for your managers and supervisors
  • Memorable and thought-provoking facts and case studies from across the globe help drive the points home over the whole course. Each module is backed by crystal-clear examples and recognisable scenarios, and summaries reinforce the key learning points.

Managing Safely covers…

  • Assessing risks
  • Controlling risks
  • Understanding responsibilities
  • Understanding hazards
  • Investigating incidents
  • Measuring performance

Successful delegates are awarded an IOSH Managing Safely certificate.

What results can I expect?

  • Greater productivity, from fewer hours lost due to sickness and accidents
  • Improved company-wide safety awareness culture and appreciation of safety measures
  • Active staff involvement to improve the workplace
  • Enhanced reputation

IOSH Training Online UK

We offer IOSH training either in our Finnieston office in Glasgow or online. If you choose to partake online, you can participate from anywhere in the UK.

FIND OUT MORE ABOUT OUR NEXT IOSH COURSE

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Future Focused HR: Embracing topical trends and progressive practices

We know that employers are facing more challenges than ever before when running their business. From the risk of losing staff, the worry of how best to be a supportive employer to the uncertainty of using AI in your business when it is such an unknown but powerful tool.

In this webinar our team covered some of the most topical HR matters facing employers right now, based on our conversations with clients and from what we see in businesses we deal with day to day. We included a varied range of topics detailed further below and provide pragmatic advice to business owners, manager and HR professionals on how to effectively deal with the issues we believe they are facing.

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Mark Girvan

WHO I HELP

SMEs.

HOW I HELP

Understanding our clients’ businesses and how they go about it, then working together to make sure that the structures are in place to protect their most valuable asset: people.

SECTORS/SUPPORT

Across all sectors.

“ASSISTING CLIENTS TO UNDERSTAND THEIR PRIORITIES.”

Mark Girvan is a Senior Health & Safety Consultant based in our Glasgow office. Mark manages a portfolio of AAB People’s Health and Safety clients, assisting them to go beyond compliance and strive for excellence. In his role, he is also involved in assisting in the development of our Health and Safety service.

Mutual respect & trust

“An ideal relationship with a client is based on mutual respect and trust. We need clients to feel comfortable letting us peer into the dark corners so that we can shine a light into the shadows.

I strive to provide honest and transparent advice and support to our clients. I also try not to bamboozle them with regulatory numbers and paragraphs but to take a common sense approach and work with them to find practical solutions. Alongside this, whatever I do I always try to do it with humility and a sense of humour.”

Every day’s a learning day

“I love that in my line of work, there are endless learning opportunities. I enjoy collaborating with my colleagues and feel very fortunate that I have great colleagues from whom I can learn every day. Likewise, our clients are the subject matter experts in what they and their people do, and I love getting to learn from their determination to build and maintain a thriving business and passion for protecting their employees.”

Tackling the challenges

“Some of the biggest challenges in safety happen during a financial downturn, where streamlining budgets and saving on safety might sometimes be seen as quick fixes. What’s not always appreciated is the hidden cost of failing to maintain a safe workplace and invest in training, equipment, and maintenance. Any search engine search for “safety iceberg” will highlight the dangers of sacrificing safety and neglecting worker health and wellbeing. At AAB People, we firmly believe that investment in safety is an investment in business longevity, and that’s why we’re passionate about assisting clients to understand their priorities without breaking the bank or falling foul of the law.”

Why compassion matters

“As safety professionals, we need to continue to evolve and seek new opportunities for growth and development to assist us in assisting our clients. It’s essential that we fully understand new and emergent hazards and risks to keep our clients right. Working for a company that values and commits to continuing professional and personal development and views it not only desirable but essential demonstrates that nothing is indeed more important than our people.

Similarly, when working with clients we want to ensure that businesses understand not only the safety requirements but also the benefits of providing training and instruction to their workforce and value it as an investment in their future.”

Excited for what the future holds

“The thing that excites me most about the future is how we continue to see the Health & Safety service grow and become a leading provider in the market.”

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The Importance of Workplace Investigations

When possible disciplinary or grievance issues occur in the workplace, employers have a responsibility to find out all they reasonably can about the situation to ensure matters are resolved fairly and effectively. To do this, they should conduct a workplace investigation as soon as possible after the issue is raised.

What is a workplace investigation?

A workplace investigation is an objective, independent, and systematic process of uncovering facts about a particular incident that occurred at work. It involves carefully discussing a complaint or grievance for specific misconduct, policy violation, or unethical behaviour to reach a final decision and determine the appropriate course of action.

A thorough investigation will allow employers to decide whether there is a case to answer and whether a formal process should be followed.

During the investigation process, employers should gather as much evidence as reasonably possible from all sides to understand what has occurred and to help determine next steps. It is essential that everyone involved in the process is treated fairly at all times.

Why are workplace investigations important?

If conducted properly, investigations can help to protect the interests of the organisation by identifying wrongdoings and to support the employer with fair, objective and informed decision-making. An investigation may uncover extenuating circumstances which mitigate or justify the allegations that were made, meaning that formal action is not required. Instead, the employer may decide it is more appropriate to deal with the matter informally instead.

If a reasonable and fair investigation is not carried out, any decisions an employer makes in relation to the allegations may be unfair which could risk legal action.

While an investigation should be completed as quickly as possible, it is important that the investigation is thorough and fair. Therefore, some investigations might take longer depending on the case and how many people need to give information.

A comprehensive and fair investigation will protect all parties as employees should feel they have been treated fairly and have had the opportunity to explain things from their point of view. In addition, employers will be confident in the fact that they have made an informed decision.

Who should take part in a workplace investigation?

  • Complainant – the person who submitted the grievance or complaint.
  • Respondent – the person accused of the violation or misdeed.
  • Witness – the person having knowledge of the events either from observation or personal experience.
  • Investigator – the person or body in charge of determining the facts of the case; usually involves a HR professional, legal team, department head, or an independent third-party investigator.

Tips for conducting a successful investigation meeting

  • DO ensure you act in a fair and objective way.
  • DO follow any policies or guidelines your organisation might have.
  • DO allow the witness to refer to any documents to refresh their memory.
  • DO pause the meeting if the witness needs a break, or adjourn it if the witness is very upset.
  • DO record all the pertinent facts, e.g., dates and times, names and context of behaviour. You may find it easier to have a separate note-taker to accompany you.
  • DO keep calm and focused.
  • DO remind the witness to keep the matter confidential.
  • DON’T be afraid to question the witness’s version of events.
  • DON’T encourage the witness to offer their opinion.
  • DON’T offer your own opinion, be judgmental or speculate on the outcome of the investigation.
  • DON’T try to prove guilt, but get balanced evidence from both sides.
  • DON’T draw hasty conclusions.
  • DON’T disclose any confidential information.

Further Support

Whether formal or informal action is required following an investigation, we are here to help. If you would like support for effectively managing workplace investigations and following a fair procedure, please do not hesitate to get in contact with or your usual AAB People contact.

 

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Right to Work Checks – What you need to know

What are right to work checks?

As part of the onboarding process right to work checks are a vital part of ensuring businesses are compliant with the law. So, what are right to work checks? They are checks employers carry out with new staff members to ensure they have legal authority to work in the country where they are to be employed. They should also be carried out throughout employment to ensure their right to work is still valid if they do not have a permanent right to work status.

What documentation is considered as evidence of right to work?

There is a useful document on the government website which details what evidence is required. An employer’s guide to right to work checks: 6 April 2022 (accessible version) – GOV.UK (www.gov.uk). If the employee is from the UK, the right to work would be their valid UK passport and a document that details their national insurance number. This will differ for foreign employees and will usually require evidence of a visa; employers should keep in mind that employees from the EU may be part of the EU settlement scheme and should ask for evidence of this. It is important that all employees are treated the same no matter where they are from to avoid claims of discrimination. Right to work checks should be completed for all employees. Employers should then also carry out ongoing checks on their employees’ right to work, to make sure their visas or passports are in date. If an employee is waiting for confirmation of their visa/ national insurance number, documentation from government bodies evidencing they have applied can be used in the interim.

How should this be stored?

It is important to note that for all right to work checks, employers should sign and date a copy of the right to work documents to say they have seen the original. This should then be clearly labelled and securely stored on the employees’ personal file. Any updated documentation should also follow the same process.

What if an employee is unable to provide appropriate right to work?

It is a criminal offence to employ/ pay individuals who do not have appropriate right to work and so is vital employers keep on top of this. If employees are unable to provide accurate right to work, after a grace period to gain this, they should either have their offer of employment revoked or their employment terminated if they are unable to evidence that it will be obtained in a reasonable amount of time.

Changes that took effect from 1st October 2022

During the pandemic there were changes made to right to work checks to allow employers to check right to work remotely. The changes allowed employers to check right to work by arranging a video call with the employee and checking their scanned documents, if they were unable to check in person. As of 1st October 2022, these changes are no longer valid. Checks will now either need to be in person, or by appointing an Identification Service Provider (“IDSP”). The IDSP will then use Identification Document Verification Technology (“IDVT”) to check the passport of the British & Irish national on behalf of employers. If the employee does not have a passport, then you must see their documentation in person. Please be aware that this could be carried out before the first day of employment, such as at a second stage interview. If the applicant is outside of the UK and Ireland you can use the government checking service, which will require a share code that the employee will have been issued with. View a job applicant’s right to work details – GOV.UK (www.gov.uk).

If you have any queries about the right to work checks process or any questions about your HR & Employment Law processes please do not hesitate to get in contact with or a member of our HR & Employment Law Team.

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James Richardson

WHO I HELP

Public Bodies. Charities. Private Businesses.

HOW I HELP

Human Resources Management. Consultancy. Employment Law Compliance.

SECTORS/SUPPORT

Across all sectors.

“EMBRACING A MORE HOLISTIC & LONG-TERM VIEW OF HR.”

James Richardson is an HR and Employment Law Manager based in our Glasgow office. James’ main responsibility is to support his clients to make fully informed people decisions across their business.

James is an experienced professional in human resources and employment law compliance, and provides exceptional support by getting to know his clients well. James works closely with each client to provide advice, guidance and bespoke HR project support.

James graduated in 2016 with a degree in Human Resources Management and Marketing, and also has a CIPD Level 7 Advanced Award in Employment Law. Currently, he is developing his knowledge further through completing a master’s degree in human resources management at the University of Strathclyde. Having worked both internally and on a consultancy basis, James has a broad and generalist approach to HRM and encourages strategic, long-term thinking.

HONEST & TRANSPARENT

“The best way to discuss and give great HR advice is to ensure the client relationship is an open, honest, and transparent one. I believe clients expect to hear my advice from an HR and employment law perspective, but also to reflect on my balanced and genuine opinion as an experienced professional. This means going beyond what it means to be legally compliant and looking at the practical logistics which will be different depending on the particular circumstances and any additional factors relevant to the business at the time. It’s important to me that clients don’t feel pressured to make a decision they are not comfortable with, and this means being honest and discussing any potential challenges openly as a genuine partner to their business or organisation.”

TECHNOLOGY IS THE WAY FORWARD

“The efficiency of virtual meetings is second to none, and many of our clients have benefitted from this. I have found that many clients have taken advantage of recruiting from a wider geographical area and this means a reliance on virtual technology is key to developing our relationship. Collaborating on a strategic plan, or delivering training is much more enjoyable when carried out face to face and I think this will always have a place in the HR field.”

WORKING TOGETHER

“Speaking with clients about HR matters can be very personal, emotive, and challenging. It’s important to me that our relationship is a positive one, even when dealing with challenges that are troublesome and sometimes overwhelming for clients. This means engaging with clients in a friendly, fun, and enthusiastic way is important to me. I want clients to want to work with me, not feel they have to, and this means getting to know one another and sharing laughs throughout the processes we embark upon together.”

MY STRENGTHS

“I take pride in being able to learn from others but also recognise my strength in playing a large part of the development of my colleagues. We can learn so much from one another and, as HR is one those disciplines where there are often different solutions to the same problem, taking the time to share different perspectives is invaluable.”

POSITIVE FEEDBACK

“I appreciate all the feedback and praise I receive from clients, and the phrase “James is a star” has been mentioned quite regularly. However, I am most pleased overall to hear that clients enjoy working with me and can see the value being contributed to their business, as I am a strong believer that work should be worthwhile and also enjoyable.”

LONG-TERM VIEW OF HR

“Sometimes HR can be perceived as a tick box exercise, and this often stems from a compliance-based approach where the main focus is keeping organisations on the right side of the law. Of course, this should be a core principle, but it is only the beginning of an effective HR function. What comes next is infinitely more enjoyable, and embracing a more holistic and long-term view of HR in any business is often a great way of overcoming some of those typically reactive challenges.”

Proud to support a diverse range of clients