What does a Labour Government mean for employment law and people practices?

A guide for employers

Helping employers think about the legal requirements and the best approach for their business.

2021 brings a new future for the UK as the transition period from exiting the EU has ended. The main impact of Brexit in employment law terms will be seen in the recruitment process as immigration laws change. Employers are already under an obligation to take steps to ensure a worker’s right to work in the UK and this process has been altered in light of the consequences of Brexit. Employers are under a legal duty to prevent illegal working and you can be subjected to penalties where you fail to do so; this can include a criminal offence so it is important to make sure that you have the right processes in your organisation. Existing Employees EU citizens who are currently working for you, or were in the UK before by 31 December 2020, need to take action to gain permission to remain in the UK. This applies unless they have already been granted indefinite leave to remain (ILR) or are from Ireland. Employees must apply to the EU Settlement Scheme. Successful application guarantees the right to continue living and working in the UK indefinitely. Applications for the Scheme are made from the gov.uk website . It is free to apply. New Employees The UK has introduced a new system of immigration control. For the first time in decades, EEA and Swiss nationals (EEA nationals) will be subject to the same immigration controls as non-EEA nationals. Free movement for European nationals ended on 31 December 2020. The new system will apply to the recruitment of European nationals, who arrive in the UK on or after 1 January 2021, as it does to all other overseas nationals. The key characteristics of the new system are the same as the current system – an employer must be licenced by the Home Office, an employee must be sponsored to do a specific job, the job must meet a skill and salary threshold. Should I become a Immigration Licence Holder? If you have regularly employed EEA nationals or you think that you may need to recruit a foreign national in future, you should consider applying for a sponsor licence. It can take an average of 8 weeks to process applications so it is better to act before the immediate need arises. You’ll need to check the eligibility criteria to decide if you qualify. You will need to pay a fee to apply for a licence, which varies depending on the size of your organisation. Small companies will pay £536 for each application. Larger organisations will pay £1,467 for a licence to take on long-term staff, and £536 for temporary staff. You are likely to be considered a large company if your annual turnover is over at least £10.2 million and you have at least 50 employees. You can expediate the licence at an additional cost of £500. Once you are a licence holder, you’ll need to issue a Certificate of Sponsorship to any individuals who are to be sponsored. This fee is £199. A visa application fee and health immigration surcharge are payable by the individual applicant. Some employers may agree to cover these costs. The visa fee depends on the duration of sponsorship and whether the applicant is inside or outside the UK on application. The fee ranges from £610 - £1,408. The health surcharge is £624 per year. Right to Work Checks for EU Nationals This is potentially the area that could cause the most confusion as changes to right to work checks do not come into force until 1 July 2021. Until this date you should check a job applicant’s right to work in the UK under existing rules (i.e. there is no change to right to work checks until then). Currently, job applicants can prove the right to work with any of the following: their valid passport or national identity card if they’re an EU, EEA or Swiss citizen their valid biometric residence card if they’re a non-EU, EEA or Swiss citizen family member their status under the EU Settlement Scheme using the Home Office’s online right to work checking service. Whilst job applicants can use their status under the EU Settlement Scheme as evidence, you cannot require them to produce this. If they do so, you can use the share code to check status online. If an EU citizen produces their valid passport, then this is sufficient evidence of their right to work. There is no obligation to provide their status under the Settlement Scheme. Requiring this is likely to constitute discrimination. You cannot make an offer of employment, or continued employment, dependent on an individual having made an application. Summary These proposals will make the skilled work visa more accessible and more streamlined for both employers and employees. It will still require satisfaction of Home Office duties which require robust HR systems and specialist knowledge. The recruitment process under the immigration system will be more expensive than free movement. If you would like a copy of our Brexit FAQs for employers send an email to nicole.james@bamboopeoplesolutions.co.uk

LAST UPDATE 16 MARCH 2020 What a weekend, the reality hit for many that Coronavirus is going to have a significant short-term impact. We’re in uncertain times and no one is quite sure as to how it will play out and when things will happen. These times will pass, but in the meantime, it makes good business sense to think about how to respond and have trigger points in place. International travel is significantly restricted, the Foreign Office is advising against all but essential travel to 31 countries today (it was 5 at the start of the year). Awareness of self-isolation is increasing, and it is anticipated that whole families may need to isolate if one family member is affected in the not too distant future. Coupled with this is speculation that schools may close at some point too. All these factors are likely to have an impact on your ability to trade, the types of task you require could change and your employees’ availability to work may change too. If you haven’t done so already, now is the time to plan what this means for your business, your trading and your workforce and communicate those plans. You should review and adjust the plan regularly as information changes. There are a number of key questions to ask yourself when planning: Current Resources and Activity • If sales / trading is dropping off, are there any other tasks that have been on that ‘to do’ list that have never made it to the top? Are there any activities that may be useful to set you up for success when things start to become a bit more normal? Are there any hidden opportunities? • The need for some roles could have decreased, could you temporarily refocus these employees on something else? • It is becoming more likely that the government will increase focus on working from home, what does this mean for your employees? Does it work for some roles and not others? Are some roles more essential? You don’t have to do anything but you will need a clear rationale as to thinking so that you can share this with your employees • Is there any technology that can aid working from home that could be set up now? • Is there any way you can minimise the spread of the virus amongst your workforce? Some workplaces are splitting their workforce and asking 50% to spend 2 weeks working from home and the other 50% to come to the office. And then they switch • Can you shift your mindset – many leaders worry about working from home as to whether individuals are productive. Can you focus on outputs and achievements to reassure yourself work is still being completed? • The bottom-line reality is many roles just don’t work from home – what actions can you take to support employees who need to come in to support them and minimise the spread. For example, some businesses are encouraging card transactions rather than cash. Some may be feeling anxious, is there any support you can offer? Absence Management • You could have a period of very high absence, how will you cope through this period? Are there any critical roles / tasks? How will they be covered? Will you need to change focus? • What happens if you get ill? Who will take charge if you have a period of time out of the business? • What will you do if an employee has coronavirus? Do you need to prepare for an office deep clean? Will you send others home for a period? • What will you do if employees need to look after their children due to school closures? • What is your stance on pay during absence – whether for sickness, caring for a family member or childcare? How much will you support and how much will you pay? Resource Reductions • A number of clients are becoming increasingly aware of a fight to survive; having trigger points identified in advance is useful to know the appropriate time to consider hours reduction and/or redundancy. What are your trigger points? Don’t forget that taking action on these triggers takes time – build in enough space to react. • Do you have a lay off clause in your contracts? This easily allows you to reduce/stop working for a short period. If you don’t have one, don’t panic, you’ll need to follow a different process. • You’ll need clear and easy processes in place should you need to trigger reductions, what do these look like? • What are appropriate messages to staff today and on an ongoing basis? Communication • Whatever you decide, communication is essential. What do you need to share with your employees and when? • What do you need to share with your customers and when? Here are some answers to key questions you may have: Do you have to pay for absence linked to Corornovirus? Employees can take emergency time off for childcare. They are expected to make alternative arrangements as soon as possible. The important thing here is open dialogue and understanding your employee needs whilst balancing with the needs of the business. With older people more at risk, employees may be reluctant to get support from grandparents. If an employee is absent due to childcare issues you do not legally have to pay them. If an individual is self-isolating because they are suspected to have coronavirus, they are entitled to SSP from day one. The government have said that they will reimburse small businesses for this cost. If you are only paying SSP it is worth reflecting that those who are self-isolating may choose to ignore the requirement if they are worried about losing pay and this could have a detrimental impact on further absences. If an employee is absent due to being unwell from Coronavirus you should follow your normal absence procedure and sickness pay policy. When it comes to self-isolating because a family member it is not yet clear what the government stance will be in relation to SSP. As the employee is not sick you would not legally pay them. If you are able to budget for it, this could be a good way to protect the rest of your workforce and grow loyalty and support for the future. Don’t forget when it comes to pay, the answer isn’t necessarily all or nothing. Pay has to be carefully considered against what the business can afford and a partial payment could be more realistic. Whatever you decide in relation to pay, take a moment to consider if this is the right thing for your culture. Withholding payment could cause a level of frustration and may impact on longer term loyalty. And we will get through this and expect to return to normal and committed working relationships in future. What should I share with my workforce about good hygiene factors? Good hygiene is considered the most effective way to prevent infection. You can encourage your workforce to follow these guidelines with a couple of effective communication techniques: • Promote the ‘Catch it, Bin it, Kill it campaign’ – there are handy posters you can email or put up • Encourage regular handwashing – the NHS has some guidance posters that could be placed by all sinks within your workplace • Ensure the workplace is cleaned properly and regularly • You may want to make hand sanitiser available in public spaces such as reception and eating areas. Hand sanitizer is not considered a replacement for hand washing, which is more effective but it can be a useful addition to hygiene. It should be noted that face masks are not considered to be effective. Do you need to monitor absence to identify risks to your business? As those affected increases in the UK, there could be a substantial impact on your workforce. You may want to consider setting up a centralised absence tracker so that you can monitor absence levels and identify business risks. If you have particular areas of the business that are essential you may want to consider contingency plans to keep these areas operational – this could include asking workers from other areas to support and change their duties for a short period or agency support. Can employees Work From Home? Some roles have a level of flexibility and can be completed remotely. This may be an option, particularly for those with childcare or isolation concerns. You’ll need to check how many people can be logged in remotely and identify key workers if the numbers are restricted. What to do if you have employees travelling or have travelled to affected areas If your employee is travelling for work purposes, you must follow the government guidelines regarding travel. You may also want to review all travel to non-restricted areas and consider whether it is essential at this time. It is important to have open and honest dialogue with those that are travelling, discuss any concerns and share your expectations. If you have a worker (employee or contractor) who is returning from an affected area, you need to review the guidance and have open and honest dialogue as to your expectations and the impact on their pay. It is likely that their colleagues may be nervous and you should share plans in a sensitive way to ensure that people do not panic. What do I do if someone becomes unwell? If the individual has returned form an affected countries (click here for most up to date details), you should remove them to an area that is 2 meters away from others. Ideally on their own in a well ventilated room. Call 111 for advice. If they need the bathroom If the individual has not visited an affected country you should manage as per your normal absence procedure. Do you need to reduce your workforce? It is possible that as the virus continues, your business may be affected and you need to review your pay budget. You can consider the following: • Reducing hours for contractors, agency staff or casual workers • Reviewing whether your contracts have a lay off clause that allows you to temporarily reduce employee hours • Even without a lay off clause you may be able to reach agreement with your employees to reduce their salary and hours for a period of time • In certain circumstances you may need to consider redundancies if you think the impact will last for a significant period of time It is recommended that you take advice from your HR Consultant if you are considering any of these actions. What should you communicate to employees? The most important thing in planning is to ensure that you have clearly communicated with your workforce. Consider sharing the following information: • Reminding all employees of the absence policy and reporting procedures • Confirming how absence will be paid in relation to sickness, isolation or care for dependents • Confirming good hygiene methods • If you have anyone travelling to or returning from affected areas share plans in a sensitive way If you would like to discuss or need support then please do get in touch. Call me on 01883 460770 or email nicole.james@bamboopeoplesolutions.co.uk.

I once worked for a retail clothing business, which had a store on the beach in Newquay. The footfall changed with the weather – the store manager was excellent at roster management and would flex her staffing levels based on the sunshine. She’d developed great relationships with her team that meant they understood business needs and were in a position to offer flexibility. Hospitality, retail, leisure and contact centre environments are all good at looking at anticipated demand levels and flexing their staffing rotas as appropriate (in the short term at least). Workforce planning on a long term basis is a little more challenging. There is an element of crystal ball gazing but it’s still possible. I worked with a Buying Director who had a team of about 120 employees. We developed an ideal structure – it was something we were never going to get to overnight but it meant we knew where we were trying to go. Every time someone left or moved roles we edged a little closer. We knew which roles could be challenging to fill and focused our energy on developing employees in these areas. The recruitment team knew which roles could be tricky and they could proactively talent bank external individuals before a vacancy came up. Workforce planning is about planning for business change – whether that’s an increase/decrease in people required to do the work or a change in skill sets needed. The aim of workforce planning is to align your business needs with your people strategy. As Benjamin once said, “If you fail to plan, you are planning to fail”. The fundamentals of workforce planning are: 1. Understand your business priorities and plans 2. Identify your ideal structure – both headcount and skill sets 3. Analyse your current resource capability 4. Review the gaps and where challenges may exist. Understand where you may become over resourced or have changing needs 5. Take actions to address skills gaps, shortages and mismatches 6. Review and repeat

As a leader it can feel like a constant juggle between tasks. You want to think about your people but are also worrying about operational delivery and running a business. Having worked closely with lots of leaders over the years I know most leaders want to make sure they do the best for their teams but sometimes just aren’t quite sure what they need to do to achieve a great working environment. We all have a natural inclination towards our preferred tasks and will tend to focus in these areas. The Leadership T is a really handy tool to help you categorise and plan where you need to focus your energy.

Scrolling LinkedIn this week and I spotted a post by Femi Alberici, who was brave enough to share that she’d quit a job after 1 month because it wasn’t right for her. I have a huge amount of respect for Femi, the biggest career mistake I made was staying in a job I hated for 11 months and I knew it wasn’t the job for me in that first month. So, why did I end up in the wrong place for 11 months? Three words - the recruitment process. Quite simply, the whole process was the complete opposite of what it was really like to work in the business. I naively assumed the questions I was asked and the presentation I did reflected the types of things I’d be doing. I was left horrified by the way people were treated and spoken to by leaders. It was so far against my values of what a workplace should be. I don’t think anyone really set with the intention to deceive, in fact the leader I was interviewed by remains a friend on Facebook as she was quite lovely. It worked out for me in the end, I made my escape and got a role I loved, working somewhere that reflected the things I wanted to do, used my skills and fitted with my values. And I learnt to not take things at face value in the interview. But what does this all mean for you as a leader and business owner? Getting recruitment right is key for your growth - you need to find the right people and you need to make sure they want to stay. I imagine you spend lots of time focusing on getting the right skills for your role. But it’s just as important to make sure you get the right personal fit too - for the sanity of both sides and to make sure they want to hang around for the right reasons. There is a fine balance when we talk about personal fit - you don’t want a bunch of clones who think and do the same. That’s not going to take you forward and make sure you have a constant flow of small improvements in your business. But you do want to make sure that your values align and people are supportive of your vision for the future. So, what can you do to get this right? It all starts with the job description- be clear about what you really need doing both now and in the future Make sure there’s balance to your interview - checking they’ve got the right skills is key but also taking the time to find out about them as a person (their values, beliefs and what makes them tick) Think about whether you can learn more about someone through activities and presentations rather than just a standard interview - but make sure those activities are a genuine reflection of the job as you don’t want to create false expectations Remember the interview is a conversation- not just a tick box list of questions. Keep it real. Be really honest about what it’s like to work in your business - there’s no point in dressing it up and having someone open the cupboard to discover the skeletons. If they’re not comfortable with those skeletons they’ll leave - whether it takes one month or 11. Or worse, they’ll stay and become a negative drain on energy If you’re recruiting someone to help you make X better then share it - don’t let them think you’re already there and share what you think that journey might be like Remember it’s a two way process - you need to share as much with the candidate as they share with you And if you’re sitting here thinking but that will never work, no one will be interested in the job if I’m honest about what it’s really like in my business, then maybe it’s time you thought about your culture and the type of workplace you create. Get in touch, we can help you with all things recruitment. We can also support a review of your culture and create a plan for the things you’d like to change - whether that’s attitudes and behaviours, leadership style or particular key areas like rewards and benefits. Email nicole.james@bamboopeoplesolutions.co.uk

I think it's fair to say, whether you're a Brexiter or a Remainer, everyone is tired of the uncertainty and political infighting. I have had days when I just don't want to hear anymore. Brexit is a dry subject and it's hard to make it sound exciting but please bear with me as this blog will help you to think about the actions you should be taking. Despite the temptation to be an ostrich, there is a business reality that leaders and business owners need to consider what Brexit means for their people. In February 2019 it was estimated that EU workers made up 7.8% of our working population (ONS). Some industries have a greater proportion of these workers, for example employees from the EU make up nearly a quarter of all jobs in the hospitality industry (BBC, Mar 19). It's not just EU employees you need to think about, if you currently conduct business in the EU and send your UK workers there on business then you currently don't have to give it any thought. With Brexit this could all change. There are a number of people aspects that you need to be conscious of: Employment Law Changes Right now, short of having a crystal ball, it's difficult to say what changes will happen in this area. Currently, a large part of our legal system has been influenced by EU law and we adopt changes that are proposed. Some of these have historically been unpopular (think agency workers regulations). Leaving the EU will mean we have future autonomy over our employment law but changes are unlikely to happen quickly and will probably be largely influenced by whichever political party is in power. The Conservatives tend to favour the capitalist systems and Labour is more employee friendly. Keep an eye out for further blogs and we'll update you as changes are announced. Immigration and Right to Work Brexit is a quickly moving feast and the goal posts seem to move each day. However, there is one certainty. If Brexit happens, there will be an impact on the visa requirements for EU workers. Plus, there will be visa requirements for British workers visiting EU countries. For EU workers who started living in the UK by 31 December 2020 (this date could move back dependent on our exit date), the Government are launching an EU Settlement scheme (due to open 30 March 2019). Workers can either apply for 'pre-settled' or 'settled' status; this is now a free applicaiton. Any existing documents will not be valid. Having pre & settled status will give individuals access to education, the NHS and the right to work. The details of this scheme do vary slightly depending on whether we exit under a deal or no deal agreement and once this is confirmed then we'll share more information with you. The key action to take NOW is to inform and educate your current employees (and new joiners) of the scheme and encourage them to send their application off to ensure they have the correct paperwork in place for the right to work in future. The government has created an employers toolkit to support you with this - we'd recommend you follow these guidelines as it is not lawful to provide immigration advice and the toolkit will ensure you stay on the right side of the law. Workers from the Republic of Ireland fall under different rules as we have separate agreements with Ireland; essentially they can continue as normal but some family members may be impacted. Workers from Switzerland, Iceland, Liechtenstein and Norway also fall under slightly different rules. As an employer, when recruiting be mindful of the date that EU workers entered the UK as this will influence their future eligibility to work. Should we be in a no deal position and we exit on 29 March then all EU workers entering after this date will not benefit from any citizens rights concessions (ie. settled status). If we confirm the withdrawal agreement, then EU workers not in the UK before 31 December 2020 will not benefit from any citizens rights concessions (this dates may move if we extend). For EU workers outside of these rules, the Government have proposed an EU Temporary Leave to Remain (LTR) visa for those intending to stay 3 months or more but few details are available at this stage. The aim is to allow visa holders to remain in the UK for up to 36 months but it will not count towards gaining settlement status. The ultimate aim of the government is to transition away from relying on the EU as a workforce. Once (if?!) we exit the EU, we will become third country nationals and will no longer retain the right to travel freely in the EU for Business. The EU is not able to legislate for this scenario and each EU country will have to agree their own separate rules - with 27 member states, you will need to ensure that you are aware of the rules for each country you wish to send workers to. Portugal has agreed to provide a visa exemption for trips up to 90 days. At this stage no other agreements have been reached and are often driven by trade agreements so it may take some time to get clarity. Leaders and Business Owners need to ensure they keep up to date with changes so that actions can be taken as soon as possible to ensure that workers can continue to travel for work within the EU. We'll share more information as it becomes available. Availability of Talent EU workers are choosing to exit the UK - there are 61,000 fewer EU nationals than a year ago (ONS). Plus fewer EU workers are prepared to come to the UK. This is already impacting on some industries and their ability to recruit people into key roles. As visa restrictions come into play, it is likely that our workforce becomes even more restrictive and it will be harder to attract talent into your business. Given that people are key to business success, it's important that you start to think about how you can attract and retain your people . Flexible working is becoming a key attraction technique and you may be able to benefit from attracting top talent if you offer this; the Travel Lodge recently announced they are going to offer hours to suit working parents in the hope they can attract from this market. You also need to think about how you can develop the skills you need to reduce your reliance on the external workforce - whether that's through apprenticeships, training and upskilling or adjusting role requirements and automating tasks. If skills shortages exist, you may also want to consider whether you could attract talent from outside the UK - if this is the case you will need to consider visa implications and you may want to become a licensed sponsor. This is an expensive process and will cost £1000's for just one individual so is unlikely to be popular unless you can not source talent in the UK. There are lots of things you can look at to improve the employee experience and develop talent - understanding what's important to your employees and what skills you need is key. Then you can ensure that you enhance the right areas. We can help and support you - whether it's understanding what you need better, considering what benefits and flexible working, planning training or looking at your full employment offering. Reviewing your Salary Bill It is anticipated that Brexit will lead to increased business costs, and for some businesses there may also be an impact on their sales pipeline. Changes to customs could mean significant delay in the flow of goods. All of these business implications could result in you needing to review you people strategy and labour requirements. We can support you with this planning. Some contracts of employment could mean that you can consider short term reductions through lay-offs and short-time working. You may also be able to reduce your temporary and agency workforce to reduce costs. If you think that reductions need to be considered over a longer period then you will need to think about redundancies. It is important that you are aware of the legal requirements. All of these actions can have a distressing impact on your people and you need to consider how to support them in difficult times. We can help you understand the processes and support you in delivering them in the right way. What do you need to do now? As you can see, the future implications on eligibility to work both for EU workers in the UK and British workers entering the EU for business is far from certain at this stage. What is clear, is that the government is aiming to shift us away from relying on EU workers. Brexit is likely to impact on the future availability of talent and depending on your business could impact on future profit. In an environment where unemployment is at an all time low, this will mean talent and labour becomes an increasingly valuable and difficult to find resource. Despite the uncertainty, there are still actions that you can take now to ensure future workforce continuity planning: Inform your current (and future) EU workers of the EU Settlement scheme and encourage them to apply as soon as possible. Consider what support your EU workers may need. Assess the level of business risk - how reliant are you on talent from the EU, how difficult is it to attract the right people for your roles, how likely is it that your profit and resource needs is impacted by Brexit? Stay informed so you can respond and plan for change as soon as possible Consider ways that you can develop talent internally - apprenticeships, upskilling, training courses Consider creative ways to attract and retain talent to your business Review your options should you need to reduce your workforce (whether temporarily or permanently) If you have any questions in relation to anything above or want support with any people related matters then please get in touch with us (nicole.james@bamboopeoplesolutions.co.uk). We think the workplace should be a great place to go everyday and can help you make sure that's true for your business. We also know that you want to ensure you avoid legal risks and can help you with managing difficult situations or make changes to contracts.

At last, we're getting closer to the start of Spring. That means there are only a few weeks to go until the April statutory changes. Every year the government makes adjustments to payment entitlements and introduces updates to employment law. As a small business you need to make sure you're prepared for these changes and you adjust your people practices as appropriate. So what do you need to think about? National minimum wage (NMW) will increase from 1 April 2019, giving all minimum wage workers a pay increase. NMW applies to all workers and is paid at different rates according to age plus there is a separate rate for apprentices. If you employ people on the NMW make sure that you let them know the new rate is coming and make adjustments to your payroll. Don't forget, if you employ workers who are paid on output you still need to ensure that they receive the NMW or a fair piece rate. We can help you understand the NMW and how it affects your workers plus provide letters and employee communications. Statutory Sick Pay (SSP) rules mean qualifying staff will receive £94.25 per week from 6 April 2019. We can help you develop your sickness absence policy to ensure that absence is managed fairly and consistently. Should you wish to enhance sick pay, we can highlight the things you need to consider and develop suitable company sick pay clauses. There are also new rates for maternity, paternity, adoption and shared parental pay . This can be a complex and confusing area to understand. We can help you create or amend policies to help you manage staff, including eligibility checklists and considering how to manage employees who wish to share parental leave. Up until now, you've only had to issue payslips for your employees. However, you'll need to issue payslips to both ‘workers’ and ‘employees’ from 6 April 2019. It can be difficult to understand employment status and we can support you in understanding who may be considered to be a worker. If you have any questions in relation to the changes or want support with any people related matters then please get in touch with us (nicole.james@bamboopeoplesolutions.co.uk). We think the workplace should be a great place to go everyday and can help you make sure that's true for your business. Whether that's developing fair policies and processes, thinking about how you can improve your rewards and recognition or developing great teams. We also know that you want to ensure you avoid legal risks and can help you with managing difficult situations or make changes to contracts. Keep an eye out in future for: New legislation announced to prevent tip deductions - The Government has announced that legislation will be introduced, at the earliest opportunity, to prevent unfair tipping practices. The aim will be to ensure that staff are receiving all tips that relate to their service and outlawing the ability for businesses to make deductions. At this stage, there are no further details as to how this will apply across businesses or any expected implementation date. Tipping is a complex area in itself, and it will have to be confirmed whether the new law will apply to cash tips, gratuities paid through cards and/or service charges automatically applied to restaurant bills.