Jarred Consulting

As we start to see the first signs of employees returning to the workplace, albeit in limited circumstances, now is a good time to share the third of our re-entry articles to help HR and talent management professionals guide their organisations into the future.  With the Chancellor announcing that the Coronavirus Job Retention Scheme will be extended until the end of October 2020 now is the time to turn your attention to the practical steps you can take from an HR point of view 'Getting Your People Back to Work'. Our two previous articles in this series ‘Stepping Back to Move Forward’ and ‘Shaping the New Normal’ are on our website. As before, we have included links to other useful resources too. ‘What are the key things to think about in planning a safe return to work?’ The Government has produced no fewer than 8 guides on working safely during Coronavirus; each focussed on different types of workplace including other people’s homes. In addition, it has also shared a guide to “help get Brits safely back to work” with five key points: 1.    Work from home, if you can 2.    Carry out a COVID-19 risk assessment in consultation with trade unions or workers 3.    Maintain 2 metres social distancing wherever possible 4.    Where people cannot be 2 metres apart, manage risk transmission 5.    Reinforce cleaning processes. Unsurprisingly, there is a substantial amount of guidance and while we won’t go into every single detail there are some key elements worth. Firstly, the message is clear that where employees can work from home they should continue to do so. We recently shared our top tips on remote working  and we anticipate an increase in requests for flexible working for the foreseeable future. So, if your employees will continue to work from home (whether they are already doing so, or will do so when their furlough leave ends) now is the time to communicate with them along with timescales, or at least a date when you will review the situation and provide a further update. Did you know that your obligations for health and safety continue when employees work from home? A workplace risk assessment should be undertaken and attention given, where required and feasible, to particular needs and adjustments highlighted. It may be that due to the urgent nature of getting people set up to work from home at short notice, their working environment isn’t sustainable for the long term. As the current situation becomes a medium to long term arrangement special care should be taken regarding the ergonomic set up to ensure physical wellbeing. Legally you need to record any significant findings from risk assessments must be recorded if you have more than five staff. The guidance now also recommends that you publish your Covid-19 risk assessment on your website; in addition, it is likely that all employers with over 50 workers will be expected to do so. If you recognise a trade union, you should consult with your union safety representatives. If you don’t, you must consult either employees or their elected representatives about health and safety measures - in particular the introduction of new measures that could substantially affect their health and safety. You may want to organise a body of employee representatives for this but could simply start by asking for volunteers. You should plan to have the minimum number of people on-site at any one time by means of, for example, a shift system. Start by assessing who needs to be on site. It’s likely to be those in business critical and operational continuity roles as well as those that simply cannot work remotely. Pay particular attention to those individuals at high risk due to existing health conditions, or those who live with individuals at high risk, for whom returning to the workplace should be a last resort. Equality in the workplace must also be heeded and bear in mind particularly the needs of those who are disabled, new or expectant mothers, or anyone with a protected characteristic for whom further adjustments may need to be made. Continue to maintain contact with employees and monitor their well-being whether at home or in the workplace. ‘How should we “un-furlough” employees?’ You may wish to ask your people about their preference. Don’t assume that everyone will want to get back into the office, or likewise, stay working from home! Everyone is different and has different social, emotional, and physical needs. An individualistic approach wherever possible will have the best effect. Take time to understand the individual’s circumstances and ensure that they feel they have a voice and are being listened to. Line managers play a critical role here, so consider how you will ensure they are equipped with the right skills, and confidence to have these sorts of conversations with their people. Emotional resilience will no doubt have been tested during this time. Showing compassion and understanding as you navigate your workforce back to the ‘new normal’ and don’t underestimate how important this is as you start to move forward. Don’t forget that while some people may have enjoyed the furloughed period, others will have found it very stressful. Some will worry that being furloughed is the first step towards redundancy. Emotions will be mixed so take care, acknowledge, and manage appropriately. Also, don’t forget that people will compare and share their experiences. These conversations need to be facilitated carefully to avoid any negative and unproductive relationships going forward. There is no prescribed way of ending furlough leave but the more notice that can be given the better. Notice should be in writing and alongside close line management. We recommend providing a Q&A document to help manage employees’ expectations on return and deal with anticipated concerns and questions. Keep this document regularly updated and set up a central email address where questions can be submitted. ‘Have our obligations under redundancy legislation changed as a result of COVID-19 or the Coronavirus Job Retention Scheme?’ The answer is simple: no (at least at the time of writing). Neither does an employee being on furlough leave prevent you from making them redundant. As a reminder, you have an obligation to consult individual employees when redundancy is proposed. You have an additional obligation to collectively consult for at least 30 days where between 20 and 99 redundancies are proposed in one location within a 90 day period. The period of collective consultation extends to 45 days when 100 or more redundancies are proposed. Remember with collective consultations that you are obliged to inform the Secretary of State when they are triggered. For the purposes of collective consultation, employers can use a recognised trade union, an existing standing employee body; alternatively, workplace representatives will need to be put in place by means of a ballot in determined “constituencies”. There is specified information that must be provided to employee representatives in writing:

• the reasons for the redundancies
• those employees who may be affected and the numbers of each
• the method of selection (the selection criteria)
• the timing of redundancies
• the method of calculating redundancy payments
• the number of agency workers engaged by the employer and the roles they are undertaking.

And you must consult “with a view to reaching agreement” on ways of:

•  avoiding redundancies
• reducing the number of redundancies
• mitigating the impacts of redundancies.

There is much more to think about to ensure a legally compliant process and as strategic thinkers, we must also think about how the process is managed: the human cost; the effect on the psychological contract; the impact on the organisation’s brand, values, and reputation. Although redundancies are more difficult when done remotely, communication and consultation can still be done with empathy and respect if carefully planned. We’ve said it before but how people are treated will be remembered by both current and future employees as well as your customers for a long time to come. ‘What alternatives to redundancy are organisations using?’ Many employers are already receiving positive press because their furlough exit strategy involves taking steps to reduce costs without the need for redundancies. Needless to say any alternative approach needs to be carefully costed and planned, and is likely to require consultation and consent from employees. A few alternatives you may wish to consider include:

• an extension to furlough terms (without financial assistance from the government)
• bringing employees back to work on reduced hours and pay
• bringing employees back to work on reduced pay but on the same hours
• offering sabbaticals or temporary part-time working
• offering flexible contracts or project based contracts.

‘Our workplace and organisation is changing at a rapid pace – how can we keep ahead?’ There will be many lessons learned in your response to Covid-19, some positive and others less so. Your successes and failures should be recorded and embedded into your future ways of working and policies. For example, how will your current homeworking, flexible working, and disciplinary policies, measure up against new ways of working? Bear in mind too that you should revisit and expand your existing health and safety and business continuity policies to cover your approach to controlling the risks presented by Covid-19 both physically and digitally. Policy review isn’t just about recording the framework however. We previously discussed the need to review and align organisational and HR strategy. Ensuring that any changes are aligned to your values in order to retain people’s loyalty and trust.  This ‘voice’ should be present in all HR related communications and policies. Finally, keeping close to your people, really understanding the mood in the camp is critical during uncertain and ever-changing times. Consider how this can be achieved through relationships, line management, pulse surveys, and suitable tech. As HR, Talent, Leadership, and Change experts we are supporting our clients to navigate this volatile and complex world in many ways. Whether it be through coaching to build psychological flexibility and resilience, facilitated team workshops, HR or line manager upskilling, transitioning programmes or activities to a virtual format, or employee relations advice, we are here to help. As ever if you any questions on any of the issues addressed in the article, please get in touch. [email protected] Other Useful Links: https://www.igniumconsult.com/the-spark-tank/ .Please keep an eye on our website: www.jarredconsulting.com for further updates.