03/09/2024

All change under Labour

Our new government’s Employment Rights Bill announced in the King’s Speech on 17 July this year promises to mark the biggest transformation in workplace rights and employment legislation in decades.   Firstly, it plans to establish a new enforcement agency called the Fair Work Agency. This new body is likely to have powers to enforce working time, holidays, pay, sick pay, agency rules and ‘discriminatory practices against migrant workers’.

So, what are the main highlights of the new employment legislation to come?   With regards to some of the details it is still sketchy and it is not known when they will come into effect, but you can expect . . . .

  • Improved whistleblower rights: Labour will strengthen the rights and protections available to whistleblowers in the workplace, including on sexual harassment.
  • Changes to protected employment: Labour will give workers a right not to be unfairly dismissed from the first day of work, thereby scrapping the current two-year qualifying period.  They also intend to extend the length of time an employee can bring an employment tribunal claim from three months to six months.
  • More supportive workplace: This includes making bereavement leave a statutory entitlement, extending paternity rights and extending the right to flexible working from day one of employment.

In addition, workers will be able to ignore work-related emails and calls outside office hours under new rules “the right to switch off’ ensuring that workers can disconnect from their work outside regular hours and refuse to take on extra work at the weekends.

  • Race & disability pay gap reporting: Building on gender pay gap reporting, the Government will introduce disability and ethnicity pay gap reporting for large employers.
  • A stop to ’abusive’ zero hours contracts: New rules designed to prevent the abuse of zero hours will be introduced.

Please contact Hafton for a free consultation about the implications of these employment changes for your workplace at info@haftonconsultancy.com  giving your name, business and contact number.

15/05/2024

Can Neurodiverse Employees add value to the Workplace?

There has been much talk of diversity in the workplace, with organisations embedding equality, diversity and inclusion (EDI) strategies. But little has been done around neurodiversity.  In the UK it is estimated that more than 15% of the workforce is neurodiverse.

Hafton recently worked with clients who had staff with dyslexia and ADHD.  The clients weren’t sure how to support them, so turned to us for advice. In one case they were about to embark on a capability process, before support could be found which resolved the situation.

So, what do we mean by neurodiversity? It is a broad spectrum and includes autism, dyslexia, ADHD, dyscalculia, and dysgraphia, among others.  While dyslexia is a learning disability that is characterized by poor spelling, reading, and writing, dysgraphia means that the person has difficulty writing by hand. This means the two are often lumped together when finding solutions.

What kind of environment is needed for those who are neurodiverse to flourish?  There are many simple interventions that employers can make to support neurodivergent employees to thrive. In fact, these interventions will also make the working environment far better for neurotypical employees as well, and may already be part of your EDI strategy.

Here are some interventions you can make:

Everyone is an individual:  Although using categories such as ‘neurodivergent’ or ‘ADHD’ is helpful for ease of reference to specific groups, all human beings are individuals and need to be treated as such.  Just as no two neurotypical employees have the same needs or abilities, the same goes for neurodivergent people.  Know your team, and understand their unique strengths, areas for development and the tools and support they need to be successful in their role.

Don’t make assumptions:  There are a lot of misconceptions about what neurodivergent people can and can’t do. In an inclusive culture, where diversity of thought, views and approach are the norm, organisations should embrace the strengths that neurodivergent people bring. This might include, for example, pattern recognition, out-of-the-box thinking, laser focus, resilience, and no-nonsense honesty.

Make communication clear, concise and unambiguous:  Don’t over-complicate internal staff communications.  Make sure deadlines are agreed, expectations are understood, and policies and processes are clearly articulated. Check in with individuals to ensure that they have everything they need to get on with their jobs.

Provide quiet spaces:  Many neurodivergent people find it difficult to concentrate in busy offices. Providing a quiet space or noise-cancelling headphones can really help.

Ensure regular breaks:  So many of us do not take regular breaks.  Remind both neurodiverse and neurotypical staff to take regular breaks throughout the day.

Encourage flexible working patterns:  While recent legislative changes in requests for flexible working have changed to be more accessible, many neurodivergent people also have differences in their sleep and circadian rhythms. Allowing them to work at times when they are most productive and in locations where distractions are minimised can hugely increase productivity, even if it means working outside normal working hours.

Support wellbeing and mental health:  Many neurodivergent people experience mental health challenges, particularly if they have been blamed and judged for their work.  Make sure that your work environment fosters a sense of belonging, and support is in place for employee wellbeing and mental health, so that neurodivergent people are not expected to fit into a non-existent homogenous culture.

Please contact Hafton for a free consultation about supporting neurodiverse employees and how to ensure a fully inclusive workplace at info@haftonconsultancy.com  giving your name, business and contact number.

27/09/2022

Are you missing out on hidden talent?

Last week the Office for National Statistics announced that unemployment in the UK was 3.6%, the lowest since 1974.  It feels strange that it is not that long ago that employers were concerned that people, particularly in the hospitality and entertainment sector, would be laid off permanently, never to return to the workplace.

Along with Germany (2.9%) and Poland (2.3%), the UK currently has one of Europe’s lowest unemployment rates.  By contrast some of our European neighbours like France (7.4%), Italy (8.1%) and Spain (14.4%) have much higher unemployment across their countries. [1]   It is also worth considering youth employment, those between 16 and 25 years old.  Now, the UK stands at 10.4% while the highest across Europe were recorded in Greece (31.64%), Spain (29.4%) and Italy (25.3%). [2]

In the UK the CIPD found in its recent “resourcing and talent planning survey” only 24% of employers have recruited a more diverse workforce compared with previous years.   This implies that employers are not thinking more widely about new sources of workers and, while the reduction in unemployment is good news, it means that employers need to think seriously about how to dig into untapped pools of workers who have struggled to enter or progress in the workplace.

In addition, we are now faced with a new dilemma in the UK – how do we access the people who are ready to get back into the workforce but may have been overlooked?   Think ex-offenders, retired returners, refugees or those with Asperger’s syndrome to name a few examples?  There are a number of organisations who are supporting people with transferrable or trainable skills into or back into the workplace.  There are some excellent organisations helping to do just that such as Bounce Back, Women in Prison, and the National Autistic Society.

If your organisation is struggling to recruit to please contact Hafton for a free consultation about how your business or charity might benefit from looking at new sources of talent at info@haftonconsultancy.com  giving your name, business and contact number.

[1] Source:  Statista website – June 2022

[2] Source:  Statista website – January 2022

01/08/2018

What’s the dress code?

Back in 2016, a secretary at the global accountancy firm, PWC, was sent home from work after refusing to wear high heels in line with the company’s dress code.  It was a much publicised case.

Now, the Government Equalities Office have released their latest guidance on the issue of workplace dress codes entitled “Dress codes and sex discrimination – what you need to know.

The guidance is a direct response to requests made earlier this year by both the Women and Equalities and Petitions Select Committees and provides best practice recommendations for enforcing dress code policies.

Amongst the main takeaways from the guidance is that whilst dress code policies remain lawful, they should not be constructed in a way that disadvantages one employee over another. Additionally, whilst dress codes for male and female employees do not have to be identical, the standards imposed should be equivalent and any less favourable treatment on account of gender runs the risk of direct discrimination. To mitigate the risk organisations are urged to avoid gender specific requirements altogether explaining that requiring female staff to wear high heels, make-up or have manicured nails is likely to be unlawful, providing there is no equivalent requirement for men.

Employers are also encouraged to consider if there is a valid business reason for enforcing a specific dress code and if this is truly required to achieve a legitimate business aim. For example, employers in formal settings who wish for their staff to dress smart can reasonably achieve this aim without requiring female employees to wear high heeled shoes.

In other notable points, the guidance recommends that dress codes should:

  • Not be a source of harassment at the hands of colleagues of customers
  • Take into account relevant health & safety requirements
  • Allow for reasonable adjustments under the Equality Act 2010
  • Allow transgender staff to dress in line with their gender identity
  • Allow flexibility around religious symbols and jewellery

Whilst this guidance does little to alter the laws surrounding dress codes, organisations would be wise to consider its recommendations that many commonly enforced requirements either ‘could’ or ‘may’ be considered unlawful should a case ever be taken to an employment tribunal.  Moreover, this guidance adds further weight to the governments ongoing efforts to address workplace inequality which includes gender pay gap reporting and the promotion of shared parental leave.

Please get in touch if you’d like to discuss issues around dress code or talk about any challenges you are facing. We’d be delighted to help you.

23/10/2018

How to transition well in the workplace?

In 2005, I was working for a government organisation promoting and supporting small and medium-sized businesses in the capital.  I was approached by a staff member telling me that he wanted to live as a woman.    This was well before the Equality Act 2010 and the protected characteristic of gender re-assignment had been introduced.

At that time, we had had no training for staff to help them handle these situations so I had to work with the Gender Trust in the UK to make sure we had a good approach.  I worked with the individual’s line manager to make sure that we sequenced the communication with clients, management and staff as well as in the individual’s family, so that the transition went as well as possible.   I am no longer in touch with the individual concerned so don’t know what the experience is like now.

Even almost 10 years on, many transgender people find they are the subject of discrimination.  Examples such as organisations not having gender neutral facilities, insisting on rigid and gendered dress codes, and colleagues side-lining or ignoring them, means there is still prejudice in the workplace.

Just recently on the trip to San Francisco I met with Dana Pizzuti, a Senior Vice President in a biotech sector company in South San Francisco.  Her experience of transitioning in the workplace has led her to write a book.

Originally Dana set out to write a memoir but she soon realised that she needed to write a guide, the one that she didn’t have when she was transitioning.  The book—Transitioning in the Workplace: A Guidebook—offers transgender people and their employers everything they need to know to ensure a successful transition in the workplace.

By the way in a previous article about dress code see previous article on “What’s the dress code?”, I mentioned the UK Government’s recent guidance which recommends that employers should allow transgender staff to dress in line with their gender identity.

The imperative is not just about being an inclusive employer and making the most of your best talent.  Ignoring good inclusion practice means you could end up having to make a pay out, as Primark found to its cost.  An employment tribunal asked them to make a £47,000 award to an individual who was told she had a ‘man’s voice’.

Please get in touch if you’d like to discuss any challenges around transitioning in the workplace or about dress code for transgender employees. We’d be pleased to help you.