Post-lockdown HR….what to do….
By Niamh Kelly
2020-05-06
Post-Lockdown HR Do’s and Don’ts!
At the time of writing, we seemed to be ‘over the curve’ of what we hope is the main wave of COVID-19 infections; and beginning to plan to return to operating our businesses post-Lockdown.
There’s lots of business advice out there:
How to stay positive and do 90 day plans;
How to look at the cash and restructure your business.
All of those things are important and impact on your staff.
But here’s the thing: - employment law hasn't just gone out of the window because of the Coronavirus! So here are a few post-Lockdown do’s and don’ts, based on what my colleagues and I in The HR Dept know is going on out there:
Redundancy requires a formal process to be followed. There are no short cuts. Transparency is needed over selection and you must use non-discriminatory criteria. You must have a formal consultation process, and remember that because redundancy is a dismissal, employees have the right to be accompanied and a right to appeal.
Using redundancy as a way of removing ‘problematic’ employees and not fulfilling these points could be a risky tactic. And remember - just because an employee has less than 2 years’ service does NOT mean you can dismiss them with no risk!
If you’re not looking at reducing your workforce, then you could be looking at ways of working differently. You can’t change an employee’s hours with no consultation (technically, you could, but it’s a risky approach). Instead, clearly communicate your rationale, consult with staff and get their agreement.
There could be lots of reasons why people can’t change their hours. These can range from commitment to childcare (or other caring responsibilities) to difficulty getting to work at different times if public transport is not available. Think of different ways of working; if working from home worked for some of your staff during ‘lockdown’, is that something that you could consider in the future? Does EVERY member of staff need to be present at the meeting or training session? Could some of them join on-line?
If you have tried to consult and have no choice but to change working hours; then move to a dismissal / re-engagement as a last resort.
If it’s not written down, then forget about relying on verbal agreements as evidence if the relationship with your employee goes sour. Put everything in writing (even if that’s an email). (You willll know that’s important if you got caught out over Furlough, especially if you didn’t have a written agreement with your staff about ceasing work)!
What happens if your business has survived and you’re ready to get back to work, but your employees are not? We have heard of instances where employees are refusing to return to work and again – check before you rush feet first into a messy dismissal. Communication is key: it might not be as simple as it looks. Staff could have caring responsibilities if (for example) schools aren’t re-opened. Vulnerable employees may have to shield beyond the original 12-week period set. Grief and mental health and well being could be major factors here. Our advice is to consider a health and safety and risk assessment and talk it through with the individual. Could you consider alternative ways of working such as working from home?
And finally, you may have missed it in all of the ‘Furlough’ excitement; – but April 2020 saw the changes in Employment Legislation due to the Good Work Plan :
- Changes to contracts
Contracts/written employment statement particulars will need to be given to employees on, or before, the first day of employment (rather than within eight weeks), to everyone starting to work with you, whether they are permanent employees, fixed term or those categorised as workers.
- Parental bereavement leave and paying “Jack’s Law”
Biological parents, adoptive parents, guardians, foster parents and primary carers have a right from day one of employment to two weeks of bereavement leave if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy. However, to be eligible for statutory paid parental bereavement leave, bereaved parents must meet criteria, which includes at least 26 weeks of continuous employment.
- Changes to holiday pay calculations
Holiday pay for all those who work irregular hours will now be calculated based on 52 weeks or total number of weeks worked (as opposed to previous calculations based on 12 weeks).
- Changes to agency workers’ rights
All agency workers are now entitled to comparable pay to permanent employees after 12 weeks. Existing agency workers will need to be moved onto their new permanent pay rate by 30th April 2020.
- Key terms for agency workers
Employment businesses will be required to provide every agency worker with a document known as a “key facts page”. This will need to include certain details, such as the type of contract they are employed under, the minimum rate of pay they will receive and details of any fees that might be taken. This will help agency workers better understand their basic terms, which can be especially difficult where intermediary umbrella companies are involved.
- National Minimum Wage and National Living Wage
Hourly rates for both National Minimum Wage and National Living Wage will increase as follows:
• National Living Wage for workers aged 25 and over: £8.72 (from £8.21)
• National Minimum Wage for workers aged 21-24: £8.20 (from £7.70)
• National Minimum Wage for workers aged 18-20: £6.45 (from £6.15)
• National Minimum Wage for school leavers under 18: £4.55 (from £4.35)
• Apprentice Minimum Wage: £4.15 (from £3.90)
About the author:
© Níamh Kelly – Director of The HR Dept Shropshire – is an award winning HR professional with over 25 years HR experience at a Senior level in the corporate, public and voluntary sector. Working with SMEs across the County; The HR Dept – Shropshire has rapidly developed a very strong client base of local companies. So if you have a question about Recruitment & Right to Work; to Resolving Problems; to Redundancy… she’s here to help you!