Don’t Stress over GDPR

Everywhere you look, you can’t miss the initials GDPR. Social media is full of discussions, I could spend all day every day attending “GDPR Training Course” “GDPR seminars” and then buy lots of compliance guides and products. After all – if I don’t comply the Information Commissioner is going to come in and fine me £20m.

Consequently, businesses are being sent into panic mode, running around trying to deal with misleading advice “You have to do X” “You can’t do that anymore…”

Just in case you have been in a cave somewhere, GDPR stands for the “General Data Protection Regulation” and is a major EU update to Data Protection laws. When it comes into force in the UK, in 6 weeks’ time, it will be known as the Data Protection Act 2018 and will replace the 1998 Act.

If you currently comply with Data Protection legislation, then the new Act simply requires you to tweak a few procedures and approaches. For most small businesses, it won’t require radical reform of your systems.

Most employment data is held for either a legal reason (e.g. proof of eligibility to work in the UK) or for a legitimate business reason (e.g. bank details held to pay people). People don’t need to give consent for you to hold this.

The major changes from an employment perspective are that:

·         If an individual requests a copy of their data, you can no longer charge for this and have to respond faster (30 days rather than 40)

·         You must tell employees if any of their data is passed to a third party (e.g. a payroll bureau) or outside the EU (for example, if you are part of a larger organisation)

·         You must also tell people if you use automated systems to make decisions (for example if you shortlist candidates for a job using software)

·         You must only use data for the purpose it is supplied for (e.g. you can’t hang on to a CV for an unsuccessful job candidate on the off chance that they might be suitable for a different vacancy)

You should also have very clear rules about how long you retain individual data for after an employee has left (although you should have these already!)

This isn’t to say that some types of business in certain sectors, particularly those that directly market to individuals, won’t have a great deal to do (which is why you will find that you are suddenly be asked to confirm if you still want to receive those marketing emails that you hadn’t realised you’d signed up for). And of course, if you weren’t following the current data protection legislation then you may suddenly need to get you house in order. But for most smaller businesses, the advice is

Generally, Don’t Panic, Review!

 

7 hacks to disrupt HR

Everywhere you look, people want to disrupt HR. Books have been written, conferences held, hashtags created. Many in the HR profession look at the way that Uber, Airbnb, Ryanair and others have disrupted their industry and wonder how we can do the same.  Now I can exclusively reveal that the seven hacks below will ensure that you can disrupt HR whatever your business or sector.

1.       Remove all pencils from the HR office (or in a tech company, hide all the iPad chargers). All HR work will soon grind to a halt.

2.       Respond with “Yes, let’s be just like Enron” whenever the phrase “war for talent” is mentioned. Most HR people won’t actually have read the book to be aware that Enron was one of the key case studies.

3.       If anyone in HR refers to the above concept as the “war on talent”, smile pityingly at them. This will disconcert if not completely disrupt.

4.       Replace all ergonomically designed office chairs with three legged stools. Defend any subsequent health and safety claims with “we were only implementing the Ulrich model

5.       Suggest ignoring employment law if it doesn’t fit in with the preferred solution to a problem (I saw this genuinely proposed by a qualified HR person on a LinkedIn discussion topic, so this disruptive tactic has clearly gone mainstream).

6.       Ask “have you any evidence this will work?” next time they propose a new initiative.  Repeatedly doing this will either a) make them leave you alone or b) find some evidence to support their argument.

7.       For maximum effect, switch on the sprinkler system during the CIPD conference this week. This will disrupt more HR people in one fell swoop than points 1-6 put together.

I completely understand that many in the HR world think things we do could be done differently and better, or even not done at all (I am one of them). And perhaps I’m being too literal by taking the dictionary definition of ‘disrupt’. But the word conveys the snotty-nosed punk rock attitude of ‘let’s smash everything whether it’s good or not’ (fine if you’re 17 and in a band, perhaps not so in a world of work). Moreover, with the disruptive chickens coming home to roost for many of the companies above, should this be a bandwagon that we just watch as it goes hurtling by?

HR and “Fake News”

Last Friday (15 Sept) the tweet below appeared regularly in my timeline.

Screenshot (5)
Given that unpaid internships – along with zero-hour contracts and ‘disguised’ employment (Uber/Deliveroo etc) – are the big ethical no-nos in HR currently, it will not surprise you that the response to the tweet was much collective tutting on behalf of those in the profession (including me initially)
But something nagged at me. Whether it was the fact that the original tweet was not from one of the usual HR sources; or the fact that there was no link to the offending advert, merely a picture; or that I’m currently studying the “Calling Bullshit” online module; or as an HR person I’m used to carrying out disciplinary and grievance investigations and digging beneath the surface of issues. But mostly it was the fact that the story seemed too good to be true.
So, in my lunchbreak I did a little research. And in around 10 minutes – significantly less time than this post has taken to write – I discovered the following:
1. There is no such charity as “Fight Against Slavery”. No organisation of that name is currently registered or has been registered in the recent past with the Charity Commission (an essential requirement to describe yourself as a charity in the UK). Nor is any such organisation listed on the publicly available Police list of Anti-Slavery organisations.
2. There was a Crowdfunding page set up around a year ago with the aim of starting a charity under this name. It seems to have raised precisely no money at all.
3. The Daily Mail appears to have run a story on this in January this year. Given that newspaper’s reputation for playing fast and loose with facts, and its ability to twist any story to one of its political narratives (in this case “The HYPOCRISY of LEFTIES who tell US what to do while THEY do the opposite”), it’s possibly not a reliable source.
4. A quick bit of fact-checking on the Mail story reveals that the advert was allegedly placed on the Gumtree website, a general classified ads site that does include job adverts. At this distance of time there is no way of checking whether the advert was ever posted there.
5. The alleged spokesperson for the charity is one Chiara Chiavaroli. The only person listed on LinkedIn with this name is a Bologna University student, and while there are around 10 women with this name on Facebook, all also appear to live in Italy (Disclaimer – I didn’t check individual profiles). The crowdfunding page above lists a different organiser.
So, was this a prank to fool the Daily Mail, or an invented story to raise an issue of concern? Or is there some other explanation? What it certainly isn’t is a charity abusing its role or an example of an organisation exploiting people (since real charities can and do operate with volunteers, a situation which is both legally and ethically accepted). And it shows that even HR is not immune to the concept of fake news, something that we should all be aware of when commenting or retweeting stories related to the profession.

I know what I want & I know how to get it?

A common cry among HR people is that they are ignored or dismissed within their business. It’s something that in my 30 years in HR has never gone away, and forms a staple of many an HR conference. The “how do we get a seat at the table” discussion has outlasted almost every topic or fad that the profession has debated.

For me, one of the problems is that, while HR people moan to each other about not being taken ‘seriously’, we rarely ask our colleagues, who are after all our customers, what it is they want. But, after 18 years, working with a wide variety of organisations in widely diverging industries and sectors, I’ve come to the conclusion that what most want from HR is

·         To keep them legal – that means having a good knowledge of Employment Law and related regulation.

·         An understanding the business and its objectives, and the ability to devise solutions to problems that achieve this.

·         Good professional skills that no-one else in the business can provide – whether this is recruitment, employee development, handling a complex union negotiation, or an individual issue.

·         Someone who will remind them that they are dealing with other people. It’s very easy for managers to become focused on the task and forget that other human beings are involved. Pointing out the human consequences of a business decision isn’t being a “bleeding heart” – it allows better long-term decision making and planning.

·         Looking at ways things can be done, not reasons why they can’t

·         Someone who brings in expertise and knowledge from outside that can ‘add value’ to the business they are working for.

Now, I’ve never conducted a formal survey among the 125+ organisations I’ve worked with, and this view is purely based on my perceptions. So I’d welcome comments from businesses – and other HR people. Perhaps if we better understood what business wants, we might finally know how to earn the mythical seat at the table.

A quiet week

I was sitting at my desk, thinking that this week had been comparatively quiet, but then I started to list a few of the things I’ve done:

·         Advised a client on a recruitment issue, including how to develop what they want and where they might source candidates

·         Worked with a small public sector organisation to review its restructure and recommend some improvements to it

·         Drafted a staff handbook for a growing professional practice

·         Helped a new start-up understand their ‘basic’ HR responsibilities

·         Assisted a client in a hi-tech field to deal with a performance management issue

·         Acting as the adviser for a charity client in a disciplinary issue

·         Dealing with a query about the Apprenticeship levy

·         Writing the script for, and recording a CIPD Level 7 training webinar (not entirely convinced that voiceover artist is a likely career move for me)

·         Finalising the edits for my book (of which more here)

It made me realise that even in the ‘quieter’ periods,  the variety of ‘people’ issues that crop up  in organisations are what makes my work so interesting. So, if your business or organisation needs some HR help, why not get in touch?

 

Frames of Reference (Part 2)

About 10 days ago, I posted a blog post which consisted of a series of images and the simple question: What do you see?

The reactions it gained, both in the comments and on social media, were interesting and varied – as I’d suspected, everyone saw the images in a slightly different way – some saw them individually, some saw them thematically, and the same picture could elicit different reactions.

The differences occur because we all perceive things based on our own knowledge, experiences and values – everyone has a different frame of reference. And these frames of reference transfer into the workplace as much as any other aspect of life.

Sociologist Alan Fox broke these workplace frames of reference down into 3 broad categories:

·         Unitarist – everyone in the organisation shares similar values and culture and they are all working to the same end

·         Pluralist    people have different aims and objectives, which may depend on where they are in the organisation and as a result organisations become a coalition of interests –  and these interests can and do sometimes conflict

·         Radical (or Marxist) – the groups in a workforce (which can crudely be split into ‘managers’ and ‘workers’) are inherently in conflict – if one gains the other loses.

For the last 30 years, the dominant viewpoint in HR and business has been the Unitarist one – whether it’s Tom Peters and his “excellent” companies, or HR concepts like ‘best practice’ and ‘employee engagement’. But is it time to reconsider the idea that “we’re all in it together”? The increasing numbers of industrial disputes – which I highlighted here – suggest that increasingly groups of employees are considering that their interests are better served by opposing the wishes of their managers. While the so-called Uber model of employment distances people from their organisation even further.

After all if we interpret 5 photographs differently, why on earth should we all interpret something as complex as a business in a unified and agreed way?

Strikes, Strictly and Brexit

I heard an interesting theory put forward recently (by comedian Frank Skinner) that Strictly Come Dancing led to Brexit. In the 2008 series, journalist John Sergeant was possibly the most hopeless contestant to ever appear on the programme. However despite the  frequent condemnation of the dance judges, the public voted week after week to keep him in the show. Skinner suggested that it was perhaps the moment that people realised they could ignore “experts” and get the result they wanted through voting in sufficient numbers.

In common with every other area of business, HR professionals are currently grappling with the implications of Brexit. Much of the debate surrounds employment law (will it change or not, and if so how?), recruitment (what will be the rules on recruiting EU nationals, will they be required to have work permits), and skill shortages (will we still be able to employ existing EU staff, and if not how will we fill the skills gap?).

However, one overlooked area is that of Employee Relations. We’re currently seeing a wave of industrial disputes – railways, airline staff, Post Office workers, airport baggage handlers, Weetabix factory workers. While some suggest this is some wave of 1970s style union militancy, the fact is that the majority of these disputes are over ‘old-fashioned’ pay and conditions matters, and they are overwhelming supported by affected staff in secret ballots. Perhaps the Brexit vote has convinced ‘ordinary workers’ that they can change things by voting?

What it has also revealed is the poor approach of management in most of these situations. It may be arrogance – a belief that management proposals can always be implemented because the employer wants to, irrespective of the views of employees. Or it could be a refusal to believe that people will do something so ‘stupid’  – they won’t vote to strike and lose pay before Christmas (just like they won’t vote to leave the EU or for a dancer as poor as John Sergeant). Mostly however I suspect it’s a lack of competence – managers, including many in HR, just don’t know how to negotiate on a collective basis. It’s interesting that several of the disputes have been quickly solved when expert negotiators from ACAS have become involved.

So perhaps that’s another Brexit issue for HR people – the need to brush up on, or even gain in the first place, the knowledge and skills to manage employee relations. As someone who cut their HR teeth in this area, I’m looking forward to some full and frank discussions with trade union colleagues in the coming months and years!

Thinking Outside the Payroll

What exactly are the “Human Resources” of an organisation? 

The easy answer is that they are the people who work for a business, charity or public body. But while in the past, for the overwhelming majority of organisations, this term was synonymous with “employee”, these days that’s frequently not the case. And I’m not just talking about trendy hi-tech firms either – the chances are that if you’ve ordered anything for delivery recently, whether online or from a store, it will have been delivered by a self-employed contractor, not an employee of the company. Nor is it uncommon in many organisations to have sub-contracted out ‘ancillary’ services to others (indeed, that’s how I make my living!!)

So why is that an issue for those of us who work in HR? Well, there are lots of reasons:

·         It won’t be enough to know about “employment law” – HR professionals will need to understand the full range of legal relationships that people can have with organisations, and be able to advise on them. The excuse that “x is a freelance, nothing to do with us” won’t wash in future

·         How will we hire and fire in the future? Some of the time-consuming processes that we use to recruit, or dismiss, are not only not necessary but don’t fit with those who are working in a non-traditional way. And given that recruiting consultants or freelancers has been a traditional responsibility of procurement departments or line managers, how do we get involved without creating a turf war?

·         If we have to recruit people differently, do we also need to start rethinking how we develop them? And indeed, exactly who do we need to consider developing?

·         We talk a lot in HR about behaving “ethically”. If we start to use labour as a resource to be taken up and dropped when necessary for our business, how does that square with behaving in an ethical manner?

·         Even if you don’t accept the ethical arguments, there are several clear business reasons why HR will need to change. The whole “psychological contract” between businesses and their workforces will change and our practices will need to as a consequence

·         Things that we devote a lot of time to currently – like the nebulous concept of “employee engagement” – may become pointless; if workers aren’t all employees then chasing after engagement becomes a meaningless exercise.

That’s not to say we need to throw out everything we do in HR. Nor am I suggesting traditional employees will disappear – they will still form the majority of the workforce for the foreseeable future (at least for the remainder of my working life anyway!). But what I am suggesting is that we need to rethink exactly how – and why – we do a lot of things if the profession is to remain relevant in 21st century organisations.

Doing the Deal

Recently, I’ve been attempting to read “The Art of the Deal”, published in the 1980s by a New York businessman called Donald Trump (wonder whatever happened to him?).  While it doesn’t contain any dramatic new insights into deal-making, it shows that the author does understand that to be successful in business, it is necessary to negotiate.

When the book was published, most HR professionals would have seen this as a core skill. Negotiating with staff, whether via unions or not, was a day to day occurrence and something that was an integral part of the job. HR people understood that the interests of employers and staff were not always aligned and that there needed to be an element of give and take on both sides. Hardline confrontational tactics might be used on occasion, but normally only if a red-line had been crossed (or if there were some hidden agenda at play).

These days, negotiation skills are very much a lost art. “Employee Relations” means, to many HR people, the ‘nuisance’ of dealing with an individual grievance or a disciplinary matter. If workers aren’t completely sold on the company’s mission, it’s due to a failure of our employee engagement initiatives and we need to redouble our efforts to get our happiness scores up.

The problem of course is that when a serious dispute occurs, HR professionals have no idea how to deal with it. Managers at Southern Rail decided that the best way to resolve their dispute was to troll their staff on social media in an attempt to bulldoze their position through. After a prolonged period of deadlock, the junior doctors dispute was only resolved when the arbitration service ACAS helped both parties to negotiate a deal (unfortunately, attitudes had become so entrenched by that point that the deal was later rejected, despite being recommended by the union).

So here are my “Negotiation 101” tips for any HR practitioner – before you even start a negotiation.

·         Understand that the other party has different objectives to you. What may seem a ‘logical’ argument to you may cut no ice with them

·         Be clear about what items in the negotiation are tradeable and what are not (your ideal, realistic and fall-back positions). You can’t have your cake and eat it!

·         Anticipate what the other party may want, and the arguments they may use – and then develop counter-proposals

·         Aim for a win-win – something which allows the other party show they have gained something for concessions they may have to make.

And when you get there, listen. Half the skill of a negotiation is understanding when the other party might be willing to discuss a tradeable item.

It may be a little more time-consuming than the current approach of what “management says goes” but it will be far more effective. Just ask Donald…