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Right to work in the UK

Embrace HR Aylesbury Right to Work

Update streamlines company checks on future foreign employees and their eligibility to work in the UK…

Employ someone who doesn’t have the right to work in the UK and you could find yourself at the start of a five-year jail sentence, not to mention the unlimited fine that you would have to pay. An employer who takes on someone who they knew or ‘had reasonable cause to believe’ did not have the right to work here is risking a lot – their own freedom and their entire company potentially. So there’s a lot at stake and you need to make sure you make the required checks on any prospective employees, so that you are not liable.

New for 2019

Since April 2018, organisations have been able to use the online right to work checking service provided by the Home Office, and a new update on this comes into effect from 28 January 2019. Previously, it was a three-step checking procedure, which called for organisations to conduct follow-up checks on documents that are time-limited.

From the end of January, it will be possible for Human Resource departments to rely solely on the online service, without having to get documents from the prospective employee UNLESS your employee’s immigration status cannot be checked online.

In order to protect yourself, you must make sure you use the online service for each individual and only take them on once online checks have been completed. You will also be responsible for ensuring that the photo on the online check tallies up with the real-life person – and you must also keep a clear copy of the online check response for the total time the individual is employed – and for two years after that. This copy can be an electronic or hard copy.

If you employ students, you will need to have details of their term dates – and another online check must be done before any time-limitations run out.

When the online check is not enough

There will be cases where the online check cannot be carried out – for instance if there is an outstanding application, appeal, or review with the Home Office. In this instance, you should contact the Employer Checking Service and get a Positive Verification Notice, which will cover six months.

UK Nationals

As of 28 January 2019, if carrying out document checks on UK nationals, you no longer need full birth and adoption certificates. Short-form certificates are sufficient, together with an official document containing their National Insurance number. This is designed to make it easier for checks to be carried out on citizens without a UK passport.

If you would like to discuss this subject further and how it could help your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761 288 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

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Laughter is the best medicine

Embrace HR Aylesbury Laughter

It’s not just an old wives’ tale – laughter and keeping happy can be the secret to content and productive staff – it’s the science of Laughology!

Laughology is a training and consulting organisation founded by Stephanie Davies.

Working on the stand-up circuit, she realised that humour could help her survive as she performed on the club circuit (in particular the male-dominated working men’s clubs in the North), and in turn came to the realisation that it could help both individuals and organisations.

With a background in community arts and a master’s degree in psychology, Stephanie studied at the famous Gesundheit! Institute with Hunter Doherty ‘Patch’ Adams – the doctor portrayed by Robin Williams in the film Patch Adams. Stephanie is now one of the UK’s most renowned experts on the science of humour, laughter and happiness.

Built around the psychology of humour, laughter and happiness, Stephanie has taken the Laughology model of learning and development to businesses and schools, with a combination of organisational behaviour change programmes, one-off sessions and workshops.

Now for the science part

Laughter and humour can trigger processes in the brain that make it easier to learn. They lead to the release of neurotransmitters, including dopamine and serotonin, which are capable of heightening emotional response and maximising neurological function.

Think about the last time you went to a workshop or presentation – which bit did you remember the most? Odds-on it was the part where the presenter or instructor used some humour, got the delegates to interact and made you laugh. So, ensuring that any key messages or content you want to be remembered come with a touch of humour is incredibly effective.

A happy workforce

No one can be 100% happy, 100% of the time – it’s just not realistic. But realistic happiness combines a mixture of emotional states and mindsets that lead to positivity, resilience and robust mental health. Confidence, coping skills, positive relationships, support and personal development are the main drivers for this realistic happiness.

According to research, happy people are healthier, more motivated, resilient – and more productive, so for businesses and organisation, promoting happiness among staff is key.

How do they do it?

Laughology has really focused on the science behind happiness and uses that to devise effective methods to help bring realistic happiness into people’s lives.

It’s not about coming into the business and getting everyone belly-laughing and tittering all day long. It’s about ensuring that people have the skills to manage the ups and downs of life – whether at work or in their outside life – the ability to learn from their experiences and to grow and progress through the hard times as well as the good times.

The aim is to help organisations use the psychology of happiness to create a culture of happiness within their business, which allows the staff to build resilience, wellbeing, engagement and productivity.

If you would like to discuss this subject further and how it could help your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761 288 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

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Autumn Budget Update

Embrace HR Aylesbury Autumn Budget 2018

Key points for HR professionals to consider…

The Chancellor, Philip Hammond, revealed his Budget 2018 on Monday 29 October – promising it would be a Budget for ‘the strivers, the grafters and carers’.

What are the key points for HR?

Mental health care

Increased spending for health care services should be a boost for employers, with many becoming more aware of the importance of managing staff who are suffering with mental ill health.

If you are looking at your internal processes to ensure support is in place within the workplace, and that external services are accessible for employees, the announcement of a 24-hour mental health crisis hotline will be a great tool.

Minimum Wage increases

Increases to the National Minimum Wage (NMW) and National Living Wage (NLW) will be introduced in April 2019. A reduction in business rates in the Budget should help to balance this out in your own budgets.

The changes are as follows:

  • National Living Wage for employees aged 25+ – from £7.83 to £8.21 an hour
  • National Minimum Wage rates:
    • employees aged 21-24 – from £7.38 to £7.70 an hour
    • employees aged 18-20 – from £5.90 to £6.15 an hour
    • employees aged 16-17 – from £4.20 to £4.35 an hour

Apprenticeships

The amount non-levy paying employers have to pay apprentices has been halved. At present, employers pay 10 per cent with the government paying the remaining 90%. This will drop to 5% in April 2019. The apprentice rate is rising from £3.70 to £3.90 an hour.

Self-employment

The IR35 rules are set to be extended to the private sector. These rules make employers responsible for assessing whether workers who are engaged through intermediaries, usually on a self-employed basis, should be taxed as if they were an employee. This change is set to come in in April 2020 – it will only affect to large and medium-sized organisations.

What didn’t happen?

There were rumours that there would be cuts to pension allowances or other moves to reform tax relief but that didn’t happen in this Budget.

If you would like to discuss this subject further and how it may affect your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761 288 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

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It’s the way you wear it

Embrace HR Aylesbury Christmas party dress code

How does your company dress code stand up to the latest government guidance and what do you need to consider for this year’s Christmas party?

Government Guidance

Earlier in the year, the government released some long-awaited guidance on discriminatory dress codes [CIPD: New dress code guidance published 22/05/2018].

Called ‘Dress codes and sex discrimination – what you need to know’ it offers best practice guidelines on how employers can avoid dress codes being discriminatory – with particular focus on sex discrimination.

The guidance followed a petition set up by Nicola Thorp, whose agency told her its grooming policy insisted women wear heels measuring between two and four inches. She was sent home for wearing flat shoes. The petition gathered more than 150,00 signatures.

The petition led to a report produced by two parliamentary committees, which gathered evidence from hundreds of women who felt that the way they had been forced to dress while at work was discriminatory or made them feel uncomfortable.

The guidance followed in May and while it doesn’t suggest that dress codes and uniforms for males and female staff should be identical, it does say that the standards imposed on both genders should be of an equivalent level.

The guidance isn’t very exact and it has been accused of being too wishy washy, with too many suggestions rather than hard guidelines – perhaps not surprising due to its very nature whilst considering LGBTQ. (For more information on LGBTQ, please click on the Wikipedia link.) But the general upshot is that while it says it may be unlawful to expect women to wear high heels, it would be best for companies to avoid making any gender-specific requirements at all when it comes to dress codes. For example, the dress code could require all employees – of either gender – to ‘wear smart shoes’.

Employers also need to consider religious requirements – for example expecting staff to wear a skirt, which could be against religious requirements to keep their legs covered.

Where the standards are the same for both genders – ie you need to dress smartly – you are on solid ground. Once you start expecting women to wear makeup or nail varnish or skirts – which is gender-specific – then that ground becomes legally shaky.

You might also need to think about making clothes accessible for those with disabilities. Not all disabilities are visible – someone with diabetes or arthritis may find it uncomfortable to wear smart shoes for instance. Someone in a wheelchair or with mobility issues may struggle with zips and buttons or find them uncomfortable when sitting in a chair.

Office Parties

Lots of companies have already booked their Christmas party – while some of us do little more than arrange a meal in a local pub with a few drinks, other companies arrange far grander affairs. It’s vital that you consider how any dress code could affect your employees and overshadow what is supposed to be a fun event to look forward to. At all times, think inclusiveness.

For instance, have you made it a black-tie affair? Not everyone has a dress suit in the wardrobe – and hiring one is not cheap. While your managers may think nothing of shelling out for suit hire, consider younger, lower-paid staff – and people who just don’t have spare cash to spend on one night out.

The same goes for female staff who may not be able to splash out for a new dress and for what should have been a fun night out with colleagues.

It’s important that everyone feels comfortable with the party dress code – if you are planning on some sort of themed event, ensure the fancy dress is easily attainable. Going for a colour theme – black and white for instance – allows people to enter the spirit as much as they want to/are able to. It’s easy to add a white scarf to a black dress, while those who want to go all out are welcome to hire a panda costume or get the department to dress up as a set of dominoes!

Giving people plenty of choice and options will allow them to do what they feel comfortable with and leave them to enjoy the night – which is the whole point of that office party!

If you would like to discuss any issues relating to inclusiveness, and how it may affect your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761 288 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

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‘No-deal’ Brexit will still be a good deal for workers

Embrace HR Aylesbury Employees Working

Guidelines released by the government show that protection of workers and the legal responsibilities of employers to their staff are set to remain…

The looming spectre of a ‘no-deal’ Brexit is breeding an atmosphere of uncertainty across the UK – whether you are a home owner, business owner or someone who has to deal with HR issues and workers’ rights.

March 29, 2019 will see the EU leave the UK – and if the increasingly likely-looking ‘no-deal’ happens, the government has released guidelines on what the legal implications might be.

Workers’ Rights

The good news is that the government has already confirmed that there will be no alterations to current rights for workers of their protection – this is all covered in the EU (Withdrawal) Act 2018, which translates EU legislation into UK law. Dominic Raab, Secretary of State for Exiting the European Union, told a recent press conference that domestic law already exceeds the EU when it comes to these matters, and that existing EU provisions would be transferred into UK legislation after Brexit.

What could be a risk in the longer term is the fact that, because these rights will simply be under UK rather than EU law, Parliament could at any time choose to scrap them and there would be no redress to the EU Court of Human Rights.

EU Citizens

If you’re a European Union (EU) citizen, you and your family will be able to apply to get either ‘settled’ or ‘pre-settled’ status. This will mean you can continue living in the UK after December 2020.

The application fee will be £65 for adults and £32.50 for children. The application process will be phased and is intended to be fully operational by March 2019. There will be a grace period until 30 June 2021 for EU nationals to apply for either status.

Two useful articles on this include An employer’s guide to preparing for Brexit [People Management: An employer’s guide to preparing for Brexit, 3 Sep 2018] and, on the Gov.co.uk website here [GOV.UK: Settled and pre-settled status for EU citizens and their families].

European Councils

One group that may be affected are European works councils, which represent the European employees at a company or organisation. However, the document states that UK regulations will be altered to enable new requests for a works council to be set up and to allow existing ones to continue.

If your company has European Works Councils and trades unions that are parties to European Works Council agreements, you may need to review your agreements as there will no longer be reciprocal arrangements between the UK and the EU.

Insolvency

Another change relates to employer insolvency. Should an employer go into insolvency, employees will still be protected under the Employment Rights Act 1996 and Pension Schemes Act 1993 implementing the Insolvency Directive [EUR-Lex: Document 32008L0094] or relevant legislation in Northern Ireland.

However, UK and EU employees who work in an EU country for a UK employer may be at risk. It is possible that they will be covered under the national guarantee fund in that country, but that is not a given at this stage.

Finally, should we leave the EU without a deal, the UK would also no longer have access to the European Single Market. This would mean companies would have to make customs declarations on all EU trade, and you may need to employ customs brokers or warehousing. This could be pricey, especially for smaller businesses, so if this applies to your organisation it would be worth becoming familiar with existing guidelines for importing and exporting outside of the UK.

Read the full guidance document from the Government here [GOV.UK: Workplace rights if there’s no Brexit deal].

If you would like to discuss any issues relating to your HR provision and Brexit, and how it may affect your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761 288 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

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GDPR – three-month review

Embrace HR Aylesbury GDPR-3-Months-On

It’s three months since the GDPR regulations were introduced – now is a great time to review your own situation and ensure that those responsible for HR in your organisation are complying with these regulations…

The GDPR regulations, which were introduced in May, govern how businesses – whatever their size – handle personal data; this includes information handed over during the recruitment process, as well as staff information, data garnered from marketing initiatives and so on.

According to the Information Commissioner, the new laws, along with some high-profile investigations, have been instrumental in bringing data protection and privacy to the core of the UK public’s consciousness:

Elizabeth Denham said: “This is an important time for privacy rights, with a new legal framework and increased public interest.

“Transparency and accountability must be paramount, otherwise it will be impossible to build trust in the way that personal information is obtained, used and shared online.”

Interestingly, in contrast, recent research from the Chartered Institute of Marketing [CIM: Public understanding of data protection down as GDPR arrives] suggests that public understanding of data protection had actually dropped following the introduction of GDPR, as had their trust in companies using their data responsibly, with 73% not trusting technology platforms such as Facebook and Twitter with their personal data.

So, three months in, do you understand your own responsibilities with regard to GDPR – are you happy that you are compliant, and that you can remain compliant with the regulations going forward?

If you need a reminder about how important this is, if you do not comply with the GDPR regulations, which aim to enhance data protection and the right to privacy for EU citizens, you could find yourself facing a fine of 20m Euro or 4% of the company’s turnover.

For HR staff, it means that company employees must opt in to their personal data being used – and be aware of what it will be used for. This also applies to those in the recruitment process.

It is easy enough to put into practice – a data privacy statement should be signed by each employee – however you must remember that if you ever plan to use that information for a different purpose to the one outlined in the statement – you MUST get their express permission.

So, if you made sure this was done in time for May’s new regulations, now would be a good chance to revisit your statement and ensure that data is not likely to be used for any other purposes than those you listed last time.

If there are new additions – ensure you get a new statement produced, issued and signed.

Still not really sure where you stand with relation to the GDPR and data protection? We recommend this really useful tool for SMEs ­- Data protection self-assessment toolkit from the Information Commissioner’s office (ICO).

This toolkit will help you assess whether you are remaining compliant with GDPR, and what you need to do if not. The checklist is aimed at small and medium businesses.

At Embrace HR we know that managing people’s personal information is part and parcel of the HR process. We use HR software to easily keep data up to date and to manage what we need to keep and for how long. Software is a simple way to help comply in part with the GDPR. Take a look here for more information and to sign up for your free trial.

If you would like to discuss this subject further and how it may affect your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761 288 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

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A bit on the side – four in 10 workers have second ‘jobs’

Embrace HR Aylesbury adult at computer

People managers need to start considering how they will tackle this growing trend…

We often talk about developing careers and keeping employees engaged on our blog, but what do you do when alongside their career with your organisation, employees have a second job or small business?

Side hustle

It is a growing trend – with four in 10 working adults having some kind of ‘side hustle’ alongside their full-time job or career, according to Henley Business School’s white paper, The Side Hustle Economy.

And these side hustles form an important part of the economy too – their income adding up to a not-so-inconsiderable £72bn for the UK economy in 2017.

HR policy

Does your organisation have any policy in place for these kinds of activities? It won’t be surprising if not as, in a recent survey, around half of the companies asked had no such policies in place.

With the trend on the increase – figures are expected to double in the next 10 or so years – it is an issue that anyone involved in human resources should be seriously considering.

According to the School’s Dr Charmi Patel, associate professor in international human resource management: “A key issue is compliance; if staff are working flexible hours, from home or virtually, the control might not be there, on whether they are conducting their own business on company time and using company property, resources and data to do so,” she said.

Open for business

But while it is important to have these policies in place, organisations should otherwise be open to the idea of employees running a separate business or job on the side. Often these kinds of activities are creative and involve the employee’s passion – and perhaps one that cannot be fulfilled at work. Of course, there is the risk that they eventually may become so successful that they are able to leave to pursue their dream full-time but, in many cases, it is the key to your employee feeling fulfilled and successful, and becoming someone who will carry that success into their full-time job as well.

Organisations that seek to restrict or control side hustles are likely to see employee engagement slide – and in turn well-being and hence productivity dip.

Where human resources may need to keep a careful eye is on people burning the candles at both ends to keep up with both their career and their extra-curricular business. And of course, you will want to ensue that it is not going to conflict with your own business.

A life balance, which enables staff to manage their job and their side hustle, is the ideal, and maintaining that equilibrium is something that people managers need to focus on.

If you would like to discuss this subject further and how it may affect your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 07767 308717 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

Image credit: Career Employer

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Being the best – starting at the top

Embrace HR Aylesbury Manager and employee engagement

Managers need to understand how they can support employee engagement and well-being. And why…

Employee engagement and well-being is vital if you want to keep your people happy and productive – and retain valued members of your team. But this kind of culture must be supported from the top down – so to ensure it works properly, managers must be on board.

What the research says

And yet in recent CIPD research [CIPD Community: New tools to help you develop managers to support employee well-being and engagement, 22 Mar 2017], it appeared that less than half of the surveyed HR professionals believed that their company’s line managers had indeed bought into the importance of their staff’s well-being.

On the back of this research, the CIPD has teamed up with Affinity Health at Work and a number of research partners to come up with a selection of tools aimed at giving managers the tools and skills they need to ensure the well-being of their teams – called the Maturity Model [CIPD: Developing managers for engagement and well-being, 21 Feb 2017]

Being the best

Working on employee engagement and well-being is key to becoming a great company to work for. Every year, the Sunday Times Best Companies lists reveal which companies and not-for-profit-organisations are the best to work for.

And it’s not just for the blue chips and global giants – this accolade is something that all companies can work towards, whatever their size. It’s an aim that will reap its own rewards in terms of employee productivity and retention. There are eight specific segments to be considered – including leadership, how employees relate to their managers, and the level of engagement they have with their company. How staff feel about pressure at work and their life/work balance, their satisfaction with pay and benefits and how their growth within their job/career is managed are other vital criteria.

Here at Embrace HR we work with a number of SME’s to help them address these eight important areas as part of the ‘Best Companies’ programme. Take a look here to find out more: www.b.co.uk/factors/ [Best Companies: The 8 factors of workplace engagement]

Taking it from the top

These things need to start at the top though, so the maturity model, mentioned earlier, which can help those involved in people management identify where an organisation is at in terms of management development, is really useful in helping to bring you up to speed.

Once you have assessed where your company currently sits within the maturity model – at the lower end for instance (little or no competence) – you can work on the required processes to achieve the next level, and ultimately aim for the lofty heights of level 3 – competence.

So to use the maturity model, you would evaluate your company’s approach and current leadership development offering to work out what level you were starting at.

For instance, at level 2, your managers receive some support to develop their management skills, and the company culture and policies support effective management development.

You can start assessing your team and making plans to bring your managers to the next level in order to increase employee engagement and well-being by downloading the report and maturity model here [CIPD: Developing managers for engagement and well-being, 21 Feb 2017].

If you would like to discuss this subject further and learn how Embrace HR can help your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 07767 308717 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.

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The benefits of HR Software

Embrace HR Aylesbury Paperwork

The new regulations for protecting data are imminent but using specialist HR software can help you stick to the rules – as well as offering many benefits with other day-to-day HR tasks – as we highlight below…

No one with an email address can fail to have noticed the vast numbers of messages asking you to re-opt in to newsletters and marketing messages, which have been flooding in over the past couple of weeks.

It’s all related to the General Data Protection Regulation (GDPR) (EU) 2016/679 that is a regulation in EU law on data protection and privacy for all individuals within the European Union. This comes into effect on 25 May 2018.

These Regulations are aimed at protecting personal data as people become increasingly aware of, and concerned about, how their personal information is stored and shared online.

As well as affecting how you collect and store data from clients and potential clients there are also rules about the information you retain about your employees, what it’s used for and how long it should be kept. Find out more in our previous blog.

Keeping up with these kinds of initiatives can be hard work – especially if you don’t have a whole department of people to keep on top of things. It is a great idea to start automating some of the more transactional and repetitive tasks, freeing up your staff to deal with people-related matters, where they can use their skills and expertise to best effect.

Technology is making it easier to automate some mundane tasks – chatbots (a chatbot is a computer program which conducts a conversation via auditory or textual methods that can interact with potential candidates on your website, and collaboration tools such as Asana (a web and mobile application designed to help teams organise, track, and manage their work) can be used for communicating with potential candidates and staff.

Moreover, specially designed HR software – HR Software As a Service (SAS) – can really help streamline your administration and enable your organisation to keep on top of other developments, such as payroll requirements. HR Software makes all data accessible in one easy-to-find place – perfect when you have to keep track of it for GDPR.

But that’s not its only selling point…

Other benefits of HR software

  1. Automate the workload – Makes it easy for you to keep up with admin for holidays, absences and medical leave.
  2. Ditch the paperwork – Time-consuming tasks can be integrated using real-time data straight on to the system, so you don’t have to deal with mounds of paperwork.
  3. Compliancy – The HR Software can produce up-to-date legal documents for issues such as grievances, performance, disciplinarians and staff exits.
  4. Easy access – Because our HR software is based in the cloud, you can access it wherever you are, as long as you have internet access.
  5. Transparency – With information available for you, your staff and managers, people management can be open and transparent.

Just what you need? You can sign up for your free trial of HR software today at https://embracehr.co.uk/cloud-hr/.

If you would like to discuss this subject further and how it may affect your business, please contact Cecily Lalloo at Embrace HR Limited.

T: 01296 761 288 or contact us here.

Based in Aylesbury, Buckinghamshire, Embrace HR Limited supports business owners who do not have their own HR department or those that do but need help from time to time. We also work across the Home Counties of Oxfordshire, Bedfordshire and Hertfordshire, and also SMEs based in London.