Handling Redundancies during Covid

ACAS – the independent employment advisory service, the employer’s organisation (CBI) and trade unions (TUC) have issued a joint statement today about handling redundancies during the COVID pandemic, especially with the UK’s furlough scheme set to end in October and what, if anything, will replace it still to be announced.

The full statement is here https://www.acas.org.uk/joint-statement-acas-cbi-tuc

The key principles it outlines are something which I would always recommend to employers, no matter how big or small:

  • Be open about why you need to make redundancies
  • Give people as much information as they need to be able to respond properly
  • Consult genuinely – listen to what people have to say and give it proper consideration
  • Do it fairly – legally correctly and in a way that is ‘felt fair’ by everyone in the business
  • Handle it with dignity – a person is losing their job through no fault of their own. They aren’t just a ‘human resource’ to be disposed of.

If you need help or guidance with handling redundancies both legally, and with professionalism and integrity, please don’t hesitate to get in touch

Babylon makes the rules

34 years ago, a Post Office Graduate Trainee (let’s call him Simon) was sent to produce a management report on ‘why are there so few black posties in Liverpool?’*  This was only a few years after the 1981 riots, and public sector organisations and large employers were being encouraged to take action on Equal Opportunities, specifically on race at that time. The Commission for Racial Equality had produced a new code of practice on recruitment and the Post Office had then incorporated it into a new set of rules that had to be followed.

Despite the fact that the rules had been in place for almost 2 years, Liverpool, unlike some other areas, had not seen any change at all in its employee profile, which was particularly odd since the majority of the City’s black community lived within a mile or so of the main sorting office.

When I got to the Liverpool office and sat down with the recruitment team, it appeared they were following all relevant processes correctly. Staff had been trained in interviewing and there were full ‘audit trails’ from advert to appointment. There was a definite lack of enthusiasm among line managers, who found the new processes slow and bureaucratic (even by Post Office standards) at a time when they were being particularly pressured about postal performance, but they accepted that the rules were ones they had to follow. The problem, everyone agreed at the office, was that “we don’t discriminate but they just don’t apply.”

Being young and keen, and fired up with the righteous zeal of someone who’d had a Rock Against Racism badge as a teenager and owned albums by the Tom Robinson Band and Linton Kwesi Johnson, I decided to try to find out why this was. So I arranged an interview with an organisation called South Liverpool Personnel, an employment agency set up after the riots to promote job opportunities to people in Liverpool 8.

They very kindly spent an hour or so answering my naïve questions about what the Post Office did and what it could do around its recruitment processes. But the answer to the key question of why people weren’t applying was both simple and devastating. The problem was that the Post Office was seen as part of the system – there were too many people in the community who had experienced overt or covert racism at the hands of key public institutions in the city and there was a complete lack of trust as a result. Moreover, there was no sense in which the Post Office was trying to show it had changed – the black community would not go to it until the organisation made an effort to go to them.

I completed my report; got a pat on the back from the Graduate Trainee co-ordinator and was thanked by the Head of Personnel in Liverpool, who said he’d consider my recommendations ‘very seriously’. When I returned to work permanently in Liverpool, about 18 months later, I found that one recommendation had been implemented – vacancies were notified to South Liverpool Personnel at the same time as they were sent to Job Centres. The idea of trying to communicate and connect with the local community, or understand their concerns, hadn’t been taken up.

The point of this post is not to have a pop at the Post Office, it’s a reminder to the mostly white HR profession that if we are serious about challenging years of ingrained prejudice it won’t be solved by changing a few procedures, running a few unconscious bias courses and doing a bit more “ethnic monitoring”. Unless we look at radical changes to the culture of our organisations, listen to what different communities are saying and act on that – and are prepared to make this a long term project, not the current flavour of the month – in 34 years’ time people are likely to be still having the same conversation.

*The proper title was something like “A review of recruitment and Equal Opportunities in the Liverpool Head Post Office area”, but you get the point.

You say you want a revolution? Well…

Everywhere I look, there are articles about the “future of work” once the Covid-19 pandemic is as fully controlled as it can be – the latest one (of many) being here. My post before this one, written a few days before the UK lockdown, now seems both overly optimistic and naïve.

I’m less convinced that work will look radically different post Covid. What the pandemic may do is accelerate certain changes that were happening anyway, but many of the issues that have been highlighted require longer term structural changes – and the political will to make these changes – before anything can be implemented.

Why do I say this? The last major pandemic to affect western economies in such a serious way was the now almost forgotten ‘Asian Flu’ pandemic of 1957-58. Despite finding many articles on the macro-economic, policy planning and health issues of that pandemic, I’ve yet to find any research on how work and working practices changed. Did the workplace look radically different in 1960 to 1957? I suspect not. There may be a reason why ‘pandemics’ didn’t feature in Tim Harford’s ‘50 Things that made the Modern Economy’ (now 100 things with the publication of its sequel!) – because they didn’t.

And if you want some contemporary anecdotal evidence, look at the pictures of people flooding to beaches, returning to work on public transport, or queueing for a drive through burger. Many are happy to return to the ‘old normal’, or – in the case of public transport – don’t have an option.

So with maybe a slightly less rose-tinted crystal ball, work in 5 years’ time will probably look not dissimilar to today. More people will be working from home but unless firms take a deliberate decision to invest in ‘home offices’ for their staff, we will be dealing with claims and issues from people who either don’t have or can’t access the right tech; are suffering back problems from balancing laptops on their knees because there’s nowhere else to sit; or will have increasing mental health challenges.

Similarly, while some of the more egregious abuses of the gig economy may be outlawed, we will still see plenty of people working in an insecure environment to deliver our packages and takeaways.

One thing’s for sure – HR people will need to adapt their skills to an evolving set of problems, but the fundamentals of the profession will stay the same.

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Photo by Anna Shvets on Pexels.com

 

The Upside of Coronavirus?

The Coronavirus (Covid-19) is clearly a very serious issue from a public health and business perspective – I would say that around 60% of the questions I’ve been asked over the last week or so have been on the HR implications of it.

However, in the longer term, it may turn out to have some positive impacts for the world of work.

The first is that – because they currently have to – many organisations may realise that working from home, or other more flexible arrangements, are not a disaster and we may see a change in attitudes. Even those who still retain objections will find it difficult to argue against more flexible options if they are given evidence that it clearly works.

If your business has never used homeworking before, but may now be forced to, there are a number of important things you need to consider. This twitter thread by Gem Dale is a very useful starting point.

Clearly, there are still lots of jobs (probably a majority) that require people to attend work, but we may be surprised at the number that can be done remotely.

Secondly, in the UK, it may result in a long overdue reform of the Sick Pay system. For those who qualify for Statutory Sick Pay (SSP), they (and their employers) are bound by confusing and bureaucratic rules about “Lower Earnings Limits”, “Waiting Days” and “Linked Periods”. These date back to the time when employers were reimbursed some of their SSP costs by the Government, something which hasn’t been the case for nearly a decade. There’s no reason why a much simpler system can’t be devised that provides a basic ‘safety net’ without involving employers in complex calculations.

The crisis has also highlighted that a significant proportion of the workforce don’t even qualify for the minimum level of payment. The very low paid, some of those classed as ‘workers’ not employees, and the self-employed all miss out. Some employers have said they will pay some form of sick pay to these groups, but this has been (until today) discretionary. The majority of employment law changes next month are around limiting some of the ‘loopholes’ in employment rights and if the government continues down this road then an extension of sick pay may be one of the next areas it tackles. Indeed, the chancellor’s emergency announcement in this week’s budget may be the start – now that the bottle has been uncorked it may be difficult to reseal it.

Finally, we might see the end of presenteeism – the idea that people attend work even if unwell, because the business ‘expects it’. Having someone in your place of work passing on their germs to their colleagues because ‘there’s a deadline to meet’ is an unacceptable whether those germs are Covid-19, vomiting and diarrhoea, or seasonal colds.

None of this, of course, minimises the very real problems that Covid-19 presents to society. But, like SARS and Swine Flu, it may only be a temporary issue.

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Wanted for Recruitment Crimes

Recently, I’ve done a couple of recruitment projects for clients. As a consequence, I’ve spent some time reviewing job adverts and recruitment processes. And I have to say, it amazes me how some organisations ever attract staff when a substantial number of adverts commit one or more of these recruitment “crimes”

  1. We’re not going to tell you who you’re applying to or where we are.

Why do recruiters think that putting out a vacancy for, say, a “manufacturing company in the North West” (or even, as I once saw, for “Anonymous Recruiter”) is likely to attract candidates?

Why wouldn’t you say who you are? Especially as we expect candidates these days to have done extensive research on the organisation if they come for interview. Who would consider buying or renting somewhere that was advertised as vaguely as “spacious property located in a large city”?

There’s a more serious point – you are potentially wasting candidates’ time. If I live in Macclesfield and find later on in the process that your company is based in Carlisle, (both in the “North West”) chances are that I’ll withdraw rather than face a 5 hour daily commute or the hassle of relocation.

  1. We won’t say how much we’re going to pay you.

Instead, we’ll put in a meaningless phrase like “£ competitive” or “attractive salary plus benefits”

You may think that your £30000 salary is ‘competitive’. The candidate you shortlist who is currently on £35000 won’t think so. If you want to be able to negotiate salary with the successful person that’s fine, but you should at least put in an indicative range so that again, you are not wasting people’s time.

  1. “We reserve the right to close the process early if we have sufficient applications”

What this says to candidates is “we’re so desperate to fill the role that we’ll take anyone who vaguely meets our criteria, so long as they apply quickly”. Your ideal candidate might not be actively job hunting; or away and not see your advert for a period; or may have missed your advert initially. If you’ve set a closing date, stick to it.

In my experience, most applications that come in on day 1 or 2 of an advert tend to be from people who haven’t thought about your role or don’t meet the specification anyway. Good candidates often want to take some time to prepare their CV and application.

  1. We have a never-ending list of ‘essential characteristics’

Having a person specification is vital to allow you to sift and shortlist candidates. Each criterion that you have will eliminate some applicants. So, the longer your list, the fewer people are likely to get through. If it’s more than 5 or 6, then chances are that no-one will meet your specification. I’ve seen job adverts with around 15 or more essential characteristics, which have led me to conclude that the person the employer wants doesn’t exist, or if they do, is probably the person who has recently quit the job.

Sadly, a lot of these practices seem prevalent in today’s recruitment market (and you’ll often see more than one in a single job advert). I’d love to hear the justification in recruitment or business terms for them, because I’m struggling to see one.