The Gap HR Blog

Redundancy Pool (video and transcript)

Redundancy Pool (video and transcript) If you only have one person in your redundancy pool, the courts see that as unfair dismissal. They see it as a not a fair redundancy process they see it as the employer trying to get rid of one employee. And that is, unfortunately, going to be the case that … Read more

Redundancy Pay – Zero hour contracts (video and transcript)

Redundancy Pay – Zero hour contracts (video and transcript) So, to know how much you need to pay zero hours workers for redundancy, you need to look at the last 12 weeks of pay that they have received. You would discount any weeks that they haven’t actually worked, or they’ve been on holiday and you … Read more

Filling the GAP in HR services: Royal Mail made me buy an iPad

Filling the GAP in HR services: Royal Mail made me buy an iPad

I love reading.

But, with a busy business, and two teenagers, I don’t usually get to do as much as I’d like.

Lockdown was different though – the extra time at the weekends meant I could indulge my passion to the full.

While I’m mainly reaching for a novel, the one weekly publication I never usually miss is the Economist.

However, during lockdown it started getting delivered on a Monday rather than a Friday or Saturday, which meant I didn’t have time to get through it before the next weekend, by which point it was often pretty out of date.

In the end, I turned to the digital version.

Filling the GAP in HR services: Dodgy whatsapp images

Filling the GAP in HR services: Dodgy whatsapp images

Your employees, however well you get on with them, are there to earn money.

Never forget this.

So many small business owners make the mistake of treating employees like family or buddies.

This is all well and good when things are going smoothly.

But what happens when a downturn in business means you have to make someone redundant?

I’ve seen it, and they react especially badly. They turn up to work to pay the bills.

When that has gone, any friendship you built is immediately in jeopardy.

They may instead feel moved to sue, and the business could fold. It happens; don’t assume you’re immune to it.

And this week, we had an added refinement on this theme:

Don’t assume they appreciate the same things you do.

Such as WhatsApp messages containing pornographic videos.

Filling the GAP in HR services: A veneer of availabililty

Filling the GAP in HR services: A veneer of availability

I tried to buy a TV this weekend.

We’ve needed a new one for months, ever since I pressed too hard on a corner and created black lines across the top of the screen.

In truth, we’ve bumbled along just fine, barely noticing the line, but now that the retailers have stock to shift and the email offers are coming in thick and fast, I thought it was time I sorted it.

After looking at the Which? recommendations, I found one that fit the bill – Samsung, under £1,000 and in-stock at my local Currys.

Simple and straightforward transactions tend to elude me, so you won’t be surprised to know that this is when things started to go pear-shaped.

After adding the TV to my basket, I got a ‘computer says no’ message.

“This item is not available for delivery, but you can click and collect”

Not ideal. I had wanted it installed and the old one disposed of, but in these trying times I figured I could cope with a 6-mile drive to Didcot to pick it up myself.

Except I couldn’t.

Filling the GAP in HR services: Audible Subscription

Filling the GAP in HR services: Audible Subscription

I love listening to podcasts.

I’ve got my favourites – “No Such Thing As A Fish” and “The Infinite Monkey Cage” have been the pick of the bunch over the last year or so.

But when we went into lockdown, I rapidly “used up” all my podcasts, thanks a long daily dog walk and “quiet time” away from the other inhabitants of my house.

So I needed something new to listen to. I’d heard good things about Audible, so I thought I’d give it a go.

As an Amazon Prime member, I was given a very generous offer of £3.99 for the first three months, before defaulting to the normal £7.99 monthly subscription.

And over the past 10 weeks, it’s been really valuable.

But now – as we exit lockdown – I’m finding less and less time to listen to the books.

So I figured that I’d cancel my subscription and head back to my podcasts.

Easier said than done, and I mean that in an admiring way.

Finding the button to cancel was surprisingly easy – they don’t hide it away like many other subscription services.

When I clicked it the genius began.

Filling the GAP in HR services: Tequila and TV

Filling the GAP in HR services: Tequila and TV

We’ve all had our vices during the lockdown.

A bar of Dairy Milk for some people, a glass of red wine for others.

Mine?

Tequila and television.

Don’t worry, I haven’t let my liking for the Mexican liquid get the better of me – I’m not furtively pouring it into my coffee cup just to get through the next Zoom call.

However, I have been enjoying it at the end of a long week, in front of something entertaining on the box.

Although of course, TV has changed unalterably in just a few short years.

Filling the GAP in HR Services: Night Owl

Filling the GAP in HR Services: Night Owl

I’m a night owl. Always have been.

Getting up at the crack of dawn has never been my thing, and consistently I’ve done my best work and had my best ideas once the sun has dipped below the horizon.

But, being a mother of two, I’ve had to adjust over the last two decades, because they really messed all that up.

With children, you’ve no choice but to be a morning person, even when your body is crying out for “just another five minutes”.

As the saying goes though, a leopard can’t change its spots, and over the years I’ve found myself craving the holidays, if only because those days don’t come with a pre-7am wake-up call.

In the early days of the current crisis, I was still getting up in the dark, because there was so much to do – furloughing was brand new, and my attention was needed in multiple places in a short space of time.

But as the pressure started dying down, so did my resolve.

I started hitting the snooze button more, because – well – why not?

Filling the GAP in HR services: Dirty little habit of mine

Filling the GAP in HR services: Dirty little habit of mine.

Since “lockdown” began, we’ve all been closer to our nearest and dearest than we ever thought we would be.

And in this strange, coronavirus world, some of our loved ones’ habits are bound to be seen as cause for justifiable manslaughter – “If he says ‘Stands to reason’ one more time…!”

Even more worrying than the alarming homicidal tendencies is the discovery of a dirty little habit of mine.

I’ll tell you but it has to stay between us.

Holiday p*rn.

Now that doesn’t mean watching it whilst on holiday.

Instead, it’s the few minutes I allow myself each day where I dream about how it could all be different.

Where I dare to fantasise of the time when we’re allowed out again, and start searching for my first post-CV holiday.

Filling the Gap in HR Services: Caribbean in Oxfordshire

As we enter yet another weekend in lockdown, albeit one with cooler weather on the horizon, I can’t help but cast my mind back to last weekend.

It really was lovely – one of the nicest Easter weekends I’ve ever experienced; so different from the ones in my childhood, which I remember as being grey and damp.

In fact, it was so nice that I was able to don the swimming costume I bought for my holiday, lie on my sunbed, close my eyes and be transported to the Caribbean, despite being in sunny Oxfordshire.

This transportation was only possible with Nivea sunscreen.

My mum always used this one us when I was a child in Italy, Kuwait and Cyprus.

As soon as I open the bottle I am transported to exotic, hot beach locations.

Filling the GAP in HR Services: Eight Whole Hours

I’ve been spending a lot of time on Zoom recently.

I’m sure you have too.

But when I say “a lot of time”, I don’t mean a 30-minute team meeting and a pub quiz in the evening.

I mean hours and hours and hours – an average of 7-8 a day to be precise.

I guess it’s pretty unsurprising: when your business is all about people management, you expect to be busy, and when you can’t physically see clients, then Zoom is the next best thing.

Anyway, when I first started the calls, I came to the sobering realization that my study – which provided the backdrop for every call – was not a pretty sight.

Pre-coronavirus, the study was the business equivalent of the box room – bung everything on a shelf and sort it out “later”.

Filling the GAP in HR Services: A very lovely silver lining

Last night, I realised that the isolation is playing into the hands of one of my favourite creatures:

Hedgehogs.

I’ve been a fan of the little snuffly animals for a while – we have a family of three living under next door’s shed, and before they went into hibernation, we were putting mealworms out for them every night.

After such a mild winter, I’ve been expecting them out of hibernation any way, and a couple of nights ago, the alarm (our dog Comet) sounded, with a bark that sounded like a zombie hoard was attacking the back door.

And sure enough, the first hedgehog out of hibernation was the reason why – the poor chap must have been very confused to have an overfriendly and over-loud dog approaching during the first adventure post-hibernation!

Filling the Gap in HR Services: Blindsided

We were all worried about the effects that Brexit would have on our businesses, and now we’ve been blindsided by Covid-19.

Clearly the next few weeks will make running a business and dealing with staff particularly challenging, so I just thought I’d drop you a quick line to say that if you need someone to talk to, I’m here.

I’ve already had a number of people contact me to ask where they stand in terms of staff contracts and reduction of hours, so let me clear a couple of bits up:

You may think you’ve got ‘zero hours workers, but you only do if your contract is worded in a specific way. If it’s not, then they’re just part time workers.

Which means you can’t reduce them to zero hours, which would have been an immediate and easy cut in payroll costs.

Plus, if you give them their week’s notice, you will have to pay them their average hours over the last 12 weeks. Not zero.

When it comes to layoffs and short time working, unless you have the right in your contract of employment to impose this on the staff, then you have to ask them if they agree to the layoff.

They might, they might not.

Clearly this is not ideal, and some business owners will be wishing they’d sorted their contracts sooner rather than later – again if you need to talk about your contracts, then please get in touch.

But, despite my tendency for rants, I am an optimist.

This WILL pass.

Filling the GAP in HR Services: Coronavirus Employer Update

If you are struggling, here are some options:

Reduce all the zero hours people to zero hours, if you have them.

How much you still have to pay other staff? Do still need to make cuts?

Next step would be to fire all staff under 2 years’ service, especially those only on one week’s notice. You do have to pay the notice.

How much you still have to pay other staff? Do still need to make cuts?

Next step would be to fire all staff under 2 years’ service, with one month’s notice. You do have to pay the notice.

How much you still have to pay other staff? Do still need to make cuts?

Final step would be to do a redundancy process with the remaining staff. 3 week consultation period, statutory redundancy pay and notice period to be paid.

Office staff could possibly work from home.

Remaining staff:

Filling the GAP in HR services: HR update – Coronavirus

Latest employer related updates regarding coronavirus:

Statutory sick pay is now to be paid from day one of illness.

No other changes to the amount paid or for how long – 28 weeks.

The Chancellor said that SSP for all companies with fewer than 250 employees would be refunded. No details yet on how this would work.

You would pay full sick pay as stated in your policy, once staff call in sick. Then SSP.

Full sick pay usually includes the SSP component.
No requirement to pay more than is in your policy.
If you only pay SSP, you would continue to pay SSP.

Those self-isolating after contact NHS 111 or their GP should also be paid SSP. No legal entitlement to full sick pay.

Filling the GAP in HR Services: Being Grounded

Filling the GAP in HR Services: Being Grounded

As I write this, we’re at the end of the second day of full lockdown, or “being grounded” as I like to refer to it.

And what amazes me is how the media is rubbing salt in our wounds, by playing out of date TV and radio adverts.

I listened to the news this morning, and then straight away saw four adverts:

An ad for McDonald’s breakfasts – when they’re closed.
What to do if you see a red X on the motorway –which we are not supposed to be using
Invest in a stocks and shares ISA – when the bottom has fallen out of the stockmarket
Travel with GWR to Bristol – when we are barely allowed out into our gardens!

And then I saw a Sky TV advert for Sky Store with the message, “Reasons to stay in in March” – as if we had a choice!

Filling the GAP in HR services: No planned perspiration

I went up to London with Frances and Christopher at the weekend.

I’d booked the Mischief Theatre’s Magic Goes Wrong at the Vaudeville Theatre, so we hopped on the train and off we went.

I printed the tickets, checked the route in London, and although it said 20 minutes on the Bakerloo line, I left 60 minutes just in case.

Turns out we needed every minute of it.

The first fun event was turning up at Paddington and finding out that there was no access to the Bakerloo line as they were refurbishing the ticket office. Hmm.

Filling the GAP in HR services: Holiday pay calculation charges

This guidance explains how to calculate holiday pay for workers without fixed hours or fixed rates of pay.

An important change is coming to the holiday pay reference period, and it’s going to be used to calculate holiday pay entitlement for employees and workers.

Until now, average weekly pay for holiday pay purposes has been calculated using a twelve-week reference period.

Only those weeks where monies have actually been earned are counted; weeks of annual leave, sickness absence or nil earnings are not included in the calculation. Neither are those where an individual has been in receipt of statutory payments such as paternity pay.

This means that you have to count backwards until the individual has twelve successful weeks of earnings.

In early 2019 the government stated that this twelve-week reference period punished those who work irregular and fluctuating weekly hours because they would receive less holiday pay after quieter times.

The government passed the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 which come into force on 6 April 2020.

These Regulations increase the holiday pay reference period to 52 weeks.

From that date, holiday pay will need to be calculated on average hours worked over 52 weeks.

Filling The GAP In HR Services: Refusing To Get Money From The Government?!

Filling the GAP in HR services: Refusing to get money from the Government?! Just before Christmas I read about a small employer trying to save money. Nothing wrong with that, but only if you’re sensible about it. This company wasn’t. Instead, they’ve ended up in tribunal after telling a pregnant employee that it was the … Read more

Tribunal Details Embarrassing?

Imagine this: an employee has taken you to the tribunal.

And then, with the tribunal settled, they ask the Court of Appeal to withhold the tribunal ruling from the public register because the details are “embarrassing”.

Are they allowed to do this?

Well, here’s what happened recently in the case of L v Q.

In L v Q Ltd 2019 L had brought claims of disability discrimination, harassment and victimization against his employer, Q Ltd (Q).

At the final hearing, L’s solicitors asked for the tribunal’s judgment to be anonymized and withheld from the public register. They submitted that L was embarrassed about aspects of his case and disability.

When the tribunal agreed to do this, Q appealed.

The Court of Appeal decided that, save for cases involving national security, there’s no explicit power to prohibit the publication of a judgment on the register.

The Court said that case details should not be edited to prevent potential embarrassment – whilst this can be unfortunate, all information should be available to assist readers in understanding the case.

However, the parties can be anonymised, but only where it’s deemed genuinely necessary.

Filling The Gap In HR Services: Best Christmas Present.

As I have grown older and financially independent able to buy my own gadgets, the joy of getting Christmas presents is now a little bit muted.

Maybe you feel the same?

Giving gifts is still immensely enjoyable, but most of the things I want I am in the lucky position that I can just go out and buy.

So, I was blown away by my present from South Oxfordshire District Council.

Yes, a PRESENT from my local council.

Filling The GAP In HR Services: Trawling Through Images

We had an interesting one this week. An ex-employee at one of our clients has she decided she wants her image to be removed from all company social media, including Facebook, LinkedIn, Twitter and the websites, quoting GDPR and the “right to be forgotten” at them. Our client was not best pleased, as there are … Read more

Filling the GAP in HR services: How Not To Get A Dismissal Claim

There are times in life where less is more. For example, after you’ve said something nice like “I really enjoy your sense of humour” it’s probably best not to follow it with “…I don’t care what anyone else says about you!”. The same goes for unpleasant conversations like firing an employee for poor performance. One … Read more

Filling The GAP In HR Services: Changing Salary Willy Nilly……

Filling the GAP in HR services: Changing salary willy nilly…… I was speaking to a golf club chairman last week, and we got onto the subject of contracts; specifically the contract for the club manager. Turns out that the chairman didn’t want to put a salary in the contract, and that “back in the day”, … Read more

Filling the GAP in HR services: Let them say no

Filling the GAP in HR services: Let them say no I don’t have a sales or marketing manager here at Gap HR. I do it all myself, and there’s a simple reason why: I love it. But this summer, a vital part of marketing (the follow up) went a bit pear-shaped. We moved office and the … Read more

Filling The GAP In HR Services: Celebration Time

Filling The GAP In HR Services: Celebration Time We moved offices back in the summer, and now we’ve “sorted things out”, we want to throw an office warming! On Friday 6th December, 5pm – 8pm, there is a Christmas Late Night Opening evening in Goring on Thames, and our office is right in the centre, … Read more

Filling the GAP in HR services: Shocked, pleased, embarrassed

Filling the GAP in HR services: Shocked, pleased, embarrassed I was in London recently, to see Hamilton, which is my son’s favourite play/soundtrack at the moment. He has listened to it hundreds of times and knows all the lyrics. So, for his birthday, which was in June, I booked tickets for as soon as they … Read more

Filling the GAP in HR services: First time for everything

Filling the GAP in HR services: First time for everything Over the years, I’ve had A LOT of questions related to the world of employment, but this week I had a question I’d never, ever had before: What to do when staff go on strike. The reason we’ve never had that question is because none … Read more

Filling the GAP in HR services: Don’t be a Loughborough

Filling the GAP in HR services: Don’t be a Loughborough I almost can’t believe I’m typing this, but I was at Warwick University at the weekend, looking around it with my daughter Frances. Honestly, the idea that she’s nearly at university age is slightly terrifying, but I’m doing my best to put that to the back of … Read more

Filling the GAP in HR services: tumble.angry.detriment

Filling the GAP in HR services: tumble.angry.detriment I came across an interesting article on the BBC website. It is about an app “what3words”. The team behind it have divided the whole planet into 57 trillion boxes, each of them 3 metres by 3 metres. Each box has a been given a unique 3 word reference. … Read more

Filling the GAP in HR services: Discrimination grievance

Filling the GAP in HR services: Discrimination grievance I was speaking to a lady this week who’s recently won a disability discrimination case against her ex employer. The employer, despite having in-house legal counsel, made many, many mistakes. One of which was to NOT carry out a proper investigation of a grievance. Patricia had raised a grievance against her … Read more

Filling the GAP in HR services: Named and shamed

Filling the GAP in HR services: Named and shamed I was at a networking meeting the other day, and – as you do – I ended up speaking to a business owner and trying to explain the point of HR to him. I say “trying”, because that is what he was being – trying! His … Read more

Filling the GAP in HR services: No more suspension.

Filling the GAP in HR services: No more suspension. Things change. But some things change more dramatically than others. For those of us who have read “1984” (spoiler alert: it is NOT an uplifting book!) one of the key parts of their world was the absolute change of direction and allies from one day to … Read more

Unlimited holiday for employees?!

One of the trendier ideas in the big companies, especially the Silicon Valley ones, is to offer an unlimited holidays policy to staff. For most employers, this will understandably seem like a scary concept – with most concerns centring around staff taking advantage. But when we delve deep into it, there are further problems than just being … Read more

Filling the GAP in HR services: Snowdon Walk

Filling the GAP in HR services: Snowdon Walk I walked up Snowdon last week. It was a great experience, made even better by the glorious sunshine and pleasant breeze that meant there was zero need for my expensively acquired waterproof trousers. It was my friend Claire and I that made the trip happen – we’ve been … Read more

Filling the GAP in HR services: Your invalid agreement

Filling the GAP in HR services: Your invalid agreement We’ve had a rash of settlement agreements to draw up recently. Usually we’re asked to do these because the business doesn’t want to go through a lengthy disciplinary process before possibly parting company. However, the struggle is usually getting the business to understand that they are not just … Read more

Filling the GAP in HR services: Preston Fairytale

Filling the GAP in HR services: Preston Fairytale I was up in Preston last week. I don’t generally venture that far up north, but I was asked to give a talk at a GCMA meeting up there, so it was well worth the trip. And here’s an admission: one of the reasons I love my trips … Read more

Filling the GAP in HR services: Perfect boots

Filling the GAP in HR services: Perfect boots I’m climbing Snowdon at the beginning of July. I’ve always loved walking, but I’ve only ever scaled the Welsh peak by train, so I jumped at the chance to take part. And with just over a month to go, I’ve started training to make sure I’m ready for it … Read more

Filling the GAP in HR services: Black box

Filling the GAP in HR services: Black box I had a somewhat stressful weekend. My daughter has just passed her driving test and as a condition of the insurance she needs to have a telematics black box fitted. The insurance company sent a helpful video where a young lady in a modern MINI fitted the box in … Read more

Filling the GAP in HR services: Why I stopped networking

Filling the GAP in HR services: Why I stopped networking I went to a group last week. I love networking. I enjoy the buzz of meeting new people, understanding more about different industries and hearing stories about how people have made sales and businesses in various areas and niches. But I don’t do it much … Read more