HR News April 2011 | Employee Engagement, Flexible Working, End of DRA, New Paternity Rules


Employee Engagement Taskforce in the UK

A new Employee Engagement taskforce has been set up in the UK to improve workforce engagement.

David Cameron believes that the initiative will help create sustainable growth in the economy and improve people's wellbeing.

The taskforce has been set up in response to the "Engaging for Success" report commissioned by the last government and led by David MacLeod and Nita Clarke.

David MacLeod, previously a Cabinet Office Senior Advisor, with a wealth of commercial and industrial experience believes that if businesses understood and used Employee Engagement "we would see a step-change in productivity and performance in the UK".

He said that we would see "a rise in the levels of employee wellbeing and motivation. Engaged employees will be key to growth in the private sector and "better for less" in the public sector".

The Chartered Institute of Personnel and Development (CIPD) are very supportive of the taskforce.  Jackie Omre, their Chief Executive states that "the government is rightly focused on delivering growth in the private sector and improved productivity and innovation in the public sector.  The importance of a well-led, well-managed, engaged and motivated workforce in delivering sustained growth cannot be underestimated.  There is significant evidence to suggest the UK is suffering from a leadership and management skill deficit and this taskforce should provide a catalyst for action to plug this gap".

For more information and details of our Employee Engagement Programme - Call today 01280 817341 or Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Repeal of Flexible Working Legislation

A proposed extension of the right to request flexible working to the parents of children under 18 has been withdrawn.  The change was to have taken effect from 6 April 2011.

However, the existing rules will continue to apply.  This means that for an employee to be eligible to request the right to flexible working they must - among other things - have a child below the age of 17 or a disabled child below the age of 18.

Eager to ensure businesses do not face increased costs during the economic recovery, the coalition government decided to scrap the plans to make the right to request flexible working available to a wider pool of employees.

The government has shown commitment for an early consultation on the extension of the right to request flexible working to all workers.

The Chartered Institute of Personnel and Development (CIPD) has expressed disappointment at the decision to repeal the extension of flexible working rights to parents of older children.  The CIPD said it was positive that the issue will remain on the political agenda and that they will continue to press the government to proceed, at the earliest opportunity, with the regulation necessary to extend the right to request to all workers.

Employers across the UK recognise the benefits they derive from a more flexible, engaged and effective workforce.  Regardless of legislation, many employers will sensibly continue to develop flexible and family-friendly cultures and will be better placed to attract and retain the skills and experience they need as the labour market tightens.

Accommodating the wishes of employees where possible, serves as a sensible employee retention and motivation strategy that can boost organisational performance.

Managing Without the Default Retirement Age (DRA)

With the phasing out of the DRA just beginning, now is the time for businesses to consider how they will manage older workers in the future.

From 6th April 2011 the DRA procedure can no longer be used to notify employees of their retirement date.  Businesses will have to decide whether they can objectively justify having a compulsory retirement age.

The Department of Business Innovation and Skills (BIS) gives the examples of air traffic controllers and police officers as possible professions where having a retirement age could be justifiable.  These are called 'employer-justified retirement ages'.

For an employer to have a compulsory retirement age it will have to demonstrate that there is a 'legitimate aim' and that the retirement is a 'proportionate means of achieving that aim'. An example of this could be a health and safety issue.  When a reason is used to justify a retirement age, the employer will have to provide evidence to show that a link exists and will have to demonstrate that retirement is a proportionate means of addressing the issue(s).

The definitions of achieving 'a proportionate' means of justifying a retirement age are that:

  • the actions of the employer are fulfilling an aim that the employer had previously defined
  • the actions are necessary as there is no reasonable alternative to achieving the aim
  • the benefits and importance of the legitimate aim significantly outweigh any discriminatory effect

The definition of 'legitimate aim' is:

  • relating to health and safety
  • relating to the training requirements for the job
  • relating to the needs and efficiency of the business

If an employer does want to retire someone, it will have to follow a fair procedure under existing dismissal rules.  For the dismissal to be fair there will have to be a potentially fair reason - one of the five reasons set out in the Employment Rights Act 1996 (capability, conduct, redundancy, statutory ban or some other substantial reason).

Employers need to review the way in which they manage older employees and consider points such as those listed below:

  • Consider whether older employees should and can be offered the opportunity of being able to work flexibly. This might help to meet the needs of both the employer and the employee.
  • Use opportunities such as appraisals to discuss the views of older employees and the roles they wish to play within the organisation.  An older employee may want to consider a less senior role.  Considerations could also be given to an older employee working as a mentor to younger and less experienced work colleagues.
  • Ensure that performance management systems are in place and properly applied.  As with all employees, if there are concerns about capability or performance these should be addressed.

We can provide employers with guidance on legislation changes and performance management - Tel: 01280 817341 or Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Concerns Over the Impact of the New Paternity Rules on Small Business

The new paternity leave rules mean that fathers of babies born on or after April 3rd 2011 will gain the right to additional paternity leave and pay.  The rule also covers adoption leave.  Fathers will be entitled to take up to 26 weeks leave, providing that their partners have returned to employment after 20 weeks or more, this is in addition to the two weeks of ordinary paternity leave available.

Fathers taking advantage of the new rules will receive the first three months of their paternity leave paid at the statutory rate of £128.73 a week, while the last three months will need to be taken unpaid.

Small businesses are the most flexible employers - seven in ten have flexible working arrangements for their staff.  But they do not have the facility of a Human Resource Department that big businesses have to deal with the complex administration of maternity and paternity leave. An increasing number of small businesses are putting arrangements in place with out-sourced Human Resource companies, such as Black Dog HR Consultancy Ltd to keep them up-to-date with changes to employment legislation and provide the advice and support they require.

Let us take away the worry and give you back time to run your business - Tel: 01280 817341 or Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Health & Safety

Occupational Safety & Health Consultants Register

After many months the new register of experienced and qualified consultants promised by the government is now available at:

http://www.oshcr.org

This allows anyone to search for a local consultant with experience in their industry and know that those consultants who appear on the register meet stringent requirements.

As it is a register of individuals (in Christian name alphabetical order) and not Companies (though Company names are detailed), if talking to larger consultancies it is important to remember to request the named individual as only they hold the required competence.

Finally be aware that there is no legal requirement to use this and non registered consultants can be used, but you should ask yourself whether they are the most suitable for your needs.

If you require any assistance with any Health & Safety issues please contact either Rialto Health & Safety (their consultant is registered) or Black Dog HR and we will be only too pleased to help.

This e-mail address is being protected from spambots. You need JavaScript enabled to view it   or  This e-mail address is being protected from spambots. You need JavaScript enabled to view it
01933 666990                  01280 817341  


Special Points of Interest

Expanded Apprenticeships

Since last year there has been sustained investment in apprenticeships. The recent budget announced an additional £180m for a further 50,000 apprenticeships to help young people into work or training.

The Bribery Act - Update

The Bribery Act, which was due to be implemented in April 2011 and had been delayed, will now come into force on the 1st July 2011.

Health & Safety Inspections Cut

Cuts are planned to reduce the current level of health & safety inspections by a third and inspections to be concentrated on high risk workplaces like power plants.

Are Interviewers Showing "Unconscious" Favouritism?

An on-line survey by the Employers' Forum on Age, found that more than one in six workers believe that they have fallen victim to workplace discrimination because the interviewer(s) hired people of a similar age to themselves.

Over 50's Face Unemployment

BBC Panorama reported that there are currently almost 400,000 unemployed over-50s.

The Office of National Statistics data revealed that the odds of finding another job are lower for the over-50s than in any other age group and that they rarely make headlines or are the subject of government back-to-work initiatives.

 

 

 
 
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