The ethics of compulsory jabs - and three other questions HR needs to answer urgently - CIPD
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April/May 2021 The ethics of compulsory jabs – and three other questions HR needs to answer urgently
Contents April/May 2021
p28
HR can’t get a moment’s respite at
p18
the minute. Between ever-changing
lockdown restrictions, reporting
deadlines, governmental policy
changes and significant Supreme p38
Court rulings, there’s lots for people
professionals to stay on top
of – all while still exhausted
after a year (and counting)
of the pandemic. That’s
why we’ve taken four of
the biggest dilemmas and
explained what they mean
for employers.
Eleanor Whitehouse Acting editor
News & analysis
Welcome from the CIPD p5
This month we’ve learned... p6
NEWS: Post-Covid mental health p8
PLUS April deadlines; employee surveillance
Legal lowdown p14
Columnists Wendy Aslett and Rachel Currie p16 p24
Case studies
Visit Britain/Visit England p18
Camelot Group p20 p42
COVER: JACOB KING/GETTY IMAGES; P3: SOMMAI LARKJIT-EYEEM, EXPRESS AND STAR/GETTY
Govia Thameslink Railway p23
Features p30
What Brexit will mean for recruitment p24
IMAGES; JONCHALLICOM; FRANK AUGSTEIN/AP/SHUTTERSTOCK; COLIN STOUT
The UK’s departure could have big implications for hiring
COVER Is mandating the Covid jab fair? p30
Opinions are divided on whether firms
firms can expect staff
to have the vaccine
‘Fire and rehire’ tactics in the spotlight p32
The contentious practice can be successful if handled well
Is this the end of the gig economy? p38
Our expert panel explores what Uber’s defeat at the
Supreme Court means for the labour market
How to fail – well p42 p 36
Creating a culture that encourages failure could bring pxx
big business benefits
benefits
Career path
Who I am Soraya Reid p49
Reviews p50
The Fixer p53
People and posts p54
Research p57
CIPD Focus p58 p 49
Could HR solve...? Working Girl p62
peoplemanagement.co.uk 3
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Welcome
from the CIPD
Managing during uncertainty
the world around
rate, with
The world of work is changing at a rapid them. These are big
drivers in engaging
pandemic.
many uncertainties as we emerge from the h with employees
wit
There is much to be understood in dealing and retaining and
ds, acting on
changes in people’s expectations and nee attracting talent, as
well as reputation and
tions, as well
inclusion and understanding new regula brand image.
workforces.
as shifts in migration and changes in our The pandemic has
we can’t let that
es is acted as a big cata lyst and
in unc erta in circ ums tanc n
Peter Cheese Ope rating
let pass. People don’t stop being people whe
Chief executive difficult – where the immediate future, As they come to work. And if busi ness es and
alone the longer term, is hard to predict. cult leaders care for the things their people
Mark Twain reputedly observed, it’s diffi care about, they will care for the things d
to make predictions, especially about the y,
Fire and rehire
Y U the business cares about. Managers nee
“ALL YO future. Most business leaders like certaint to be to understand and show emp ts, mental
athy for
HAVE TO DO to be able to control what happens, and ble people’s other life com mit men
ING'S BIGG
IS SIGN THE able to make clear decisions with reasona ys and physical wellbeing, feelings of
alwa
SPR
is not
E
CONTRACT” assurance of outcomes. But that
ST
safety, and concerns such as bullying and
RIN
SP
G'S BIG G E S
reality. We all have to learn to live with s.
T
harassment inside and outside work. Bute
Covid,
ta hit the headlines during
tactics
Controversial ‘fire and rehire’ ways
wa to change conditions
en masse
uncertainty, and still innovate and progres
but there are less dramatic WORDS FRANCIS CHURCHILL
we need to train managers more in thes
plans to cut employment contracts or risk losing their
A
s with myriad other dubious a backlash after it announced
ann
MASHETER MOVIE ARCHIVE/
completel and re-employ jobs.
workplace practices, the process 12,000 jobs completely In January this year, the TUC released
of terminating employees’ the remaining 30,000 sstaff on less research suggesting as many as one in 10
follo
favourable terms following the dramatic
It requires the confidence to deal with
tracts and re-engaging them on new,
contracts numbers caused by the workers had been told during lockdown
drop in passenger nu num
last year to reapply for their jobs on
oftenn worse, terms – dubbed ‘fire and airline CEO, Álex Cruz,
pandemic. The airline’s
ire’ – has been brought to widespread
rehire’ worse terms and conditions, or face the
critical aspects of people management.
dow over the row.
eventually stood down
ention during the Covid pandemic as
attention faced the threat of sack. But as Alex Watson, director at
British Gas also face law firm Fieldfisher points out, the use
-name businesses grapple to dampen
big-name w
strike action from its workers after unions
thee economic fallout. Gracing newspaper to force its of fire and rehire tactics only makes
accused the firm of trying
tr
the news when it’s done badly – which
adlines particularly frequently during
headlines 20,000 employees to aaccept worse
20 was British Airways, which faced
paradox and conflicting views, and to takegs,
2020
All these have been areas of focus for the
32 peoplemanagement.co.uk
p32 risks. To be able to imagine different thinjust CIPD’s guidance, and will continue to be
confront the known unknowns, and notr a for the future.
revert to the known past. You can’t stee learn Perhaps one of the biggest paradigm
ship by looking at the wake – we have to rid and flexible
things, shifts will be in making hyb re are many
to work in agile ways, innovate and try n as working more the nor m. The
accept failure as part of learning and lear ing policy, logistical and cultural issues to
be
we go, while maintaining a strong guid thought thro ugh . The re is not a man ual
focus on vision and purpose. or rule book, and we will have to trust
As pressure grows on orga nisation s and
people and learn as we go. Let us all
leaders in challenging times, the natural k hope that the progress being made on
tendency is to try to minimise risk, to wor on vaccination programmes and the easing
tried and test ed, and to focu s
with the
n of lockdowns allows some return to
costs in the short term. Issues like inclusiobe normality in the coming weeks. But we
Employers will need to con
sider
e the
and diversity or new ways of working can will need to be prepared for a period
various issues to manag ible pushed backwards. of continued change, adaptation and
transition to increased flex Old paradigms are hard to shift, and so fessional
and hybrid working with learning. This will require pro can help
many of our ways of working have been courage and influence, and we
us for generations – the standard five-day places each other in our community connection
s,
working week, the need to be visibly in sharing kno wle dge and exp erie nce .
of work, a bias towards presenteeism and ,
GARY BURCHELL/GETT Y IMAGES;
command and control cultures . How ever
. And
businesses all operate in a social contextency,
social chan ge is dem and ing mor e tran spar
HANNAH J TAYLOR
e
more responsible and ethical business, mor
and dem ons trab le
fairness and inclusion,
action by leaders to show they are listening
and responding to what is going on in
peoplemanagement.co.uk 5
This month we’ve learned...
The big lesson
{Health & wellbeing}
z
Halfwant
mandatory
Covidjabs
A survey has found that
more than half of workers
believe coronavirus
vaccinations should be made
compulsory for employees
returning to the office.
The poll of 2,000 workers,
conducted by Glassdoor,
found that 56 per cent
The Supreme Court has ruled thought there should be a
predominantly female shopfloor requirement for staff to have
staff can be compared to mostly
male distribution workers had a Covid vaccination
before they go back to the
office, and one in seven (14
{Employment law} per cent) workers went as far
Asdaworkerscanbringpayclaim as saying they would hand
in their notice if they were
required to return before
In yet another significant decision to upheld by the Court of Appeal, and now all employees had been
come out of the Supreme Court the Supreme Court. vaccinated.
over the last few weeks, judges “Thiswill The common terms test is a Rachel Suff, senior
have ruled that retail store staff
for supermarket chain Asda can undoubtedly threshold test that an equal pay
claim needs to meet before it
employment relations adviser
at the CIPD, said employers
be compared to distribution
workers, paving the way for more
alarm other can proceed, and is designed should be doing all they can
supermarket
to ‘weed out’ claims where the to encourage their staff to
employees to bring equal pay disparity in pay can be explained get vaccinated, including
claims against the retailer.
The court ruled that
chains and by geographical factors.
In its judgment, the Supreme
being flexible about working
hours or offering paid
predominantly female shopfloor retailers” Court said when considering time off for vaccination
workers are on ‘common terms’ whether employees were on appointments. But, she said,
with mostly male distribution centre common terms, it did not have to be “the government hasn’t made
employees, and experts have warned “feasible” for the retail staff to actually the vaccine mandatory, so
SOPA IMAGES, BEN STANSALL/GETTY IMAGES; WHATEVER INC
that the decision could make it easier for be able to carry out their role from the employers shouldn’t either”.
shopfloor workers to bring claims against distribution workers’ site. Instead, it could A separate poll by the
other supermarkets. be envisioned that they were hypothetically Chartered Management
The case was initially launched by a working out of a supermarket next door, Institute in the second
number of Asda retail employees who and vice-versa. week of March also found
argued that them being paid less than Suzanne Horne, partner at Paul almost three in five (58 per
predominantly male colleagues working Hastings, said this ruling would cent) of 1,068 respondents
in the distribution centre amounted to “undoubtedly alarm other supermarket believed businesses should be
unequal pay. Asda applied to have the chains and retailers”. She estimated that, allowed to make Covid jabs
claim dismissed on the basis that it didn’t if the case went on to succeed at an mandatory for staff returning
meet this common terms test; however, employment tribunal, collectively UK to their regular place of
the initial employment tribunal ruled supermarkets risk facing up to £8bn in work, compared to just over
in favour of the retail workers. This was unequal pay claims. a third (35 per cent) who did
not.
6 peoplemanagement.co.uk
{Pay & reward} Experts have said
NoNMWfor
employers in the
care sector would
be relieved with the
sleep-inshifts
decision which, if it WFH Jammies ensure
had fallen in favour remote workers are
sitting comfortably
of the claimants,
Another landmark ruling could have added {Flexible working}
Comfortisking
from the Supreme Court millions to staffing costs.
in recent weeks has drawn “If this judgment had gone
a line underneath a long- the other way it could have
running dispute with bankrupted many in the care In the absence of formal portion that appears in front
charity Mencap around industry,” said Sarah Ozanne, dress codes, the compromise of a webcam – with the lower
remuneration for care employment lawyer at CMS. between dressing half more comfortable.
workers who undertake Edel Harris, chief comfortably while at home Designer Taichi Ito came
‘sleep in’ shifts as part of executive of Mencap, and wearing smart clothes up with the idea when his
their jobs. The court ruled also told the BBC: “It is for video meetings is one wife was on a Zoom call.
that they are not entitled no exaggeration to say that’s plagued many remote “One day my wife changed
to the national minimum that, if the ruling had staff during the last year. into casual office clothes
wage (NMW) while asleep, been different, it would But at last, a Japanese to attend a video meeting,”
and should instead receive have severely impacted company appears to have he told the Guardian. “I
a set allowance unless they on a sector that is already come up with the answer. thought ‘that’s not a good
are awake for the purpose underfunded and stretched Enter Whatever Inc and way to enjoy her time
of working. to breaking point.” its new WFH Jammies. working from home’, and
Described as “business on thought it would be a good
{Inclusion & diversity} reapply for their jobs on the top, loungewear on idea to have loungewear that
BAMEpeople
worse terms and conditions, the bottom”, the garment was formal only for the part
according to the survey of resembles a formal collared of the body shown on the
more than 2,000 workers in shirt from the chest up – the video screen.”
turneddown
November last year.
The TUC is calling on the {Inclusion & diversity} relationships where
Womenquitafter
government to introduce women earned more
formorejobs
mandatory ethnicity pay than their partners
gap reporting and make before parenthood,
kidsdespitepay
employers publish action the women left work
plans, and to ban zero-hours after having a child.
One in three ethnic minority contracts and strengthen the This compared to
workers say they have been rights of insecure workers, just 3 per cent of
unfairly turned down for a which it says will have a Women in heterosexual similar relationships where
job, compared to just one positive impact relationships are more likely the lower-paid male partner
in five (19 per cent) white on ethnic minority than their male partners left work. Alison Andrew,
workers, according to new workers. to sacrifice paid work senior research economist
research by the TUC. after they have a child at the IFS, said the findings
More ethnic minority regardless of who was showed that the way parents
workers also report being earning more money divide up paid work and
unfairly overlooked Edel Harris (right) believes a different before parenthood, a childcare could not be
for a pay rise d study has found. “straightforwardly explained
result in the sleep-in shifts case woul
the care sector; the
than their white have dam aged The poll of 5,591 by pre-existing differences in
’s Frances O Grady is calling on
counterparts (29 per TUC the government to bring in mandato
ry heterosexual their career trajectories”.
cent compared to 22 ethnicity pay reporting couples in “Even where the mother
per cent). Ethnic England, was the main earner before
minority staff are conducted by having a child, she is more
twice as likely to the Institute for likely to give up work or
report being on Fiscal Studies reduce her hours after
insecure contracts, (IFS), found that becoming a parent than
or being forced to in 13 per cent of the father,” she said.
peoplemanagement.co.uk 7
TOP STORY rictions are
Lockdown rest , but some
starting to ea se
struggling
workers may be ormality’
‘n
to transition to
Is a mental health
cr isis in the offing? ng wo rse m ental he alth than a year
W ith man y wo rk ers re porti
lack of em plo yer supp ort, the onus is on firm s to step up
ago and a
T
WORDS LAUREN BROWN
he pandemic has been a major third (32 per cent) said the mental multiple long lockdowns. Just 15 per
OLI SCARFF, ATILLA ALTUN, JOHN KEEBLE, ALEXANDER SPATARI/GETTY IMAGES
eye opener for many employers health and wellbeing support offered cent reported better mental health now
on the importance of mental by their employer had improved than this time last year.
health. The first lockdown during the pandemic – compared MHFA is now calling on employers
back in March last year to 43 per cent of respondents who to provide increased support and
highlighted how much we all said their support stayed the regular wellbeing
depend on our social networks within same or worsened – while check-ins, and to
our workplaces, and how commuting 41 per cent said they had less ”Itshouldbe ensure managers have
can carve out much-needed work-life
separation. But despite all the rhetoric,
frequent wellbeing check-ins
or none at all.
aboutoffering the right training and
resources, all in an effort
not all businesses have made changes For many, improved support staffasmuch to remedy what Tom
to the way they look after their
employees’ wellbeing.
is long overdue. In a separate
poll conducted by YouGov on
choice as Oxley, workplace mental
health strategist and
In March, a poll of 2,000 UK behalf of Indeed, two-fifths possible” chief trainer at Bamboo
workers by Mental Health First Aid (44 per cent) of the 1,039 UK Mental Health, terms
(MHFA) England revealed a quarter workers who responded reported that a “criminal – almost literally” lack
(25 per cent) had not received a their mental health is worse now than of communication from employers
single mental health check-in since it was last spring, suggesting employees throughout the crisis. “The Health
the start of the pandemic. Only a are suffering the cumulative strain of and Safety Executive says you need
8 peoplemanagement.co.uk
News & analysis
to consult and assess risk, Bright Horizons found almost about the support needed, and
wherever your employees a fifth (18 per cent) of working create a plan together,” says
work,” he says. “With zero parents want to work completely Mamo, adding that, depending
wellbeing communication, I remotely after the pandemic. on the needs of the business,
would be concerned about the However, according to the employers might even ask
safety strategy and cultural Indeed and YouGov poll, 44 themselves whether staff need
practices of an organisation per cent of workers want their to be based in the workplace
or a manager that would cast work life to return ‘largely’ to going forward. “Regardless, it
employees adrift.”
Andy Bell, deputy chief
the way it was before, while 31
per cent want it to return exactly
should be about offering staff as
much choice and flexibility as
Theshoeison
executive at the Centre for to the way it was before the first possible,” she says. theotherFoot
Mental Health, agrees, urging lockdown last year. Nikki Thorpe, It seems like a pleasing
alignment of the universe
employers to devise and To gauge how their director of people
implement long-term wellbeing workforce is faring, ”Employees and culture
on the rare occasion
someone’s name
strategies. While for many
the months of restrictions
Emma Mamo,
head of workplace willneed time, at workplace
management
matches their choice of
career. But even rarer
will shortly come to a close,
Bell points out that for some
wellbeing at Mind,
recommends
space and help platform Planday,
agrees flexibility
that it happens twice for
the same organisation.
– particularly those who have firms send togetover goes hand in hand
Yet the finance boss of
footwear retailer Shoe
experienced bereavement,
been in unsafe homes or for
anonymous surveys
and, crucially,
Covidfatigue” with employee
wellbeing. She warns
Zone, Peter Foot, has
stepped down and
been replaced – by
many other reasons have had maintain regular that now businesses Terry Boot.
particularly bad experiences of communication. “We’ve seen have proven their ability to This isn’t Boot’s first
lockdown – there may be longer- more and more employers accommodate flexibility, foray into the footwear
term impacts. prioritise staff wellbeing in employees are going to expect it. industry – he previously
The upside is that employers recent years, but there is still a Similarly, mental health held roles at Brantano
and Jones Bootmaker.
are well placed to help. long way to go, and the current strategist and consultant Amy
Businesses can “make safe spaces situation has thrown up lots McKeown says employers
for their staff, allow people to of additional challenges for should seize the moment to
come to terms with what they organisations,” she says. make worker wellbeing a board- “Elon and
have experienced at their own “Employers need to remember level, strategic issue: “There Zach will also
pace, have open conversations that change is difficult for many needs to be an investment maintain their
about mental health, positively of us. If a colleague is finding the in health providers and respective
encourage seeking help, and transition back to ‘normality’ support and a recognition that
be flexible about how and
flexible difficult, speak
difficult, employees will need time, positions as
when people return to normal to them space and help to get CEO and
working arrangements”, he says. over the Covid chief financial
Other research has found fatigue of the
employees are split when it last year.” officer”
comes to whether they want Tesla clarifies its top
to return to the offi
office
ce or bosses’ roles after
they changed their
not, suggesting employers Many employees job titles to
could benefit from keen to contin are ‘technoking’ and
ue
working remot ‘master of coin’
the flexible approach
12
el
after the pand y
recommended by emic
Bell. A survey by
Personio found one
in four workers
would resign from
their current
job if they were PM
forced to return
to the office, and
the latest Modern is the most popular time
for a video meeting
Families Index during the working day
Spotlight survey by SOURCE: WHEREBY.COM
peoplemanagement.co.uk 9
News & analysis
The gender pay gap reporting
deadline and the rollout of the
new off-payroll rules are key
dates for HR’s diary
Don’tforgetthe
While HR has been
focused on Covid for
the past year, this
otherdeadlines
month brings two other
important dates not to
be sidelined
WORDS ELIZABETH HOWLETT
T
here’s no doubt people Human Rights Commission (EHRC) these important regulations,” she
professionals have been has suspended enforcement of the explains, adding that organisations
rushed off their feet since reporting rules until 5 October – should still report their data for
March last year, and for good essentially extending the deadline for 2020-21 on time if they can, alongside
reason. The pandemic took over six months while employers cope with detailed action plans to reduce the
B. BOISSONNET/BSIP, TIM ROBBERTS, JOHN KEEBLE,
many HR calendars and the ever- the fallout of the pandemic. long-term gaps in pay. “Reporting
Although the EHRC put the brakes provides an opportunity for employers
JAVIER ZAYAS, IMAGE SOURCE/GETTY IMAGES
changing lockdown restrictions and
employment-related hurdles have been on enforcement and suspended any to demonstrate their commitment to
a logistical minefield to keep track of. action on reporting altogether in gender equality, which will be more
But this April marks an important 2020, businesses are still expected important than ever as the effects of
month for several reasons unrelated to report their figures for 2020-21 the pandemic continue,” says Falkner.
to the Covid crisis. this year. Kishwer Falkner, chair of However, experts have raised
For starters, HR professionals the EHRC, says action to reduce the concerns that the extension
should have had 4 April circled in their gender pay gap needs to continue. and delayed enforcement could
diary – this was still technically the “Starting our legal process in October send out the wrong message to
deadline for this year’s gender pay gap strikes the right balance between businesses, especially in light of
reporting, although the Equality and supporting businesses and enforcing the disproportionate effects of
10 peoplemanagement.co.ukUnder IR35, if a contractor is
deemed to carry out similar or
the same work as a permanent
staff member, their employer
is required to deduct income
tax and national insurance
contributions as if they were an
employee. The legislation was
Do you want
Doyouwant
introduced to ensure workers frieswiththat?
undertaking similar roles paid They say there’s no such
similar tax regardless of whether thing as a free lunch, but
one Canadian restaurant
they are an employee or a is trying to make that a
HMRC has said it will be lenient
contractor. The changes to IR35 reality. Good Fortune
with firms falling foul of IR35 in the private sector will shift the Burger has changed the
changes during the first year responsibility of assessing which names of several items
on its menu to common
contractors fall into this category office supplies to make it
on to employers – as has been the easier for customers to
the pandemic on women. “Now is not the case in the public sector since 2017. expense their lunch.
time for employers to take their foot off the HMRC says it will take a lenient approach In a scheme it calls
pedal when it comes to their commitment with businesses that accidentally fall foul of the #RECEATS (get it?), its
Fortune burger has been
to closing the gender pay gap,” says Claire changes to private sector rules, and will not issue rechristened ‘basic steel
McCartney, senior resourcing and inclusion any fines for the first year – including in cases stapler’, and its parm fries
adviser at the CIPD, adding that this year more where the wrong tax determination is made. “We have become ‘CPU
than ever it is also important for employers will not charge a penalty if you took reasonable wireless mouse’. “We just
wanted an opportunity to
to publish an accompanying narrative and care to apply the off-payroll working rules put a smile on people’s
action plan alongside their data. “The correctly but still made a mistake, faces,” says Jon Purdy,
pandemic will have had an impact including making mistakes in status
on their figures. They will need to ”Failureto determinations,” the guidance says,
director of operations.
understand and explain this, and set comply will adding that, unless there was evidence
out how they plan to improve gender
equality and tackle pay gaps where be met
of deliberate non-compliance,
HMRC would encourage employers
“Nobody
they exist,” she says.
withlittle to ‘self correct’ errors before sat for
In contrast, the anticipated changes considering whether it needed
to private sector off-payroll rules were sympathy” to intervene further. hours a day
still, at time of going to press, planned
to be rolled out on 6 April – following their
However, despite the ‘soft touch’
approach promised by the Treasury, Matt
unless you
own 12-month delay because of coronavirus – Fryer, head of legal services at Brookson Legal, were dying”
regardless of calls from businesses and the self- still warns businesses against cutting corners John Hines,
employed for a review. to meet the new deadline. “It is important communications
to stress that HMRC will be director at
looking to recover any underpaid rebounder
Is your organisation tax and [national insurance
manufacturer
Bellicon, explains
prepared for IR35 changes? contributions],” says Fryer, adding
that, according to conversations
the rationale for
trampoline desks
Nearly four in 10 (38 per cent) or were in the early stages with HMRC, he understands that
43%
mid-sized employers are not of their planning despite non-compliance would be met
prepared for IR35, according the year’s extension, while a with “little sympathy”.
to a survey by Grant Thornton. further quarter (25 per cent) “For businesses that have tried
The accountancy firm surveyed had been preparing but were to do the right thing but may
605 senior decision makers still not ready for the deadline. of millennials
have made a mistake along the admit to
between 28 January and 4 Encouragingly, almost three way it will waive any interest and ‘always’
February 2021, ahead of the in five (59 per cent) of the penalties,” he says. checking their
6 April deadline. businesses surveyed believed work emails
✶ Read the CIPD’s guides to gender pay when on their
One in 10 (13 per cent) had they were ready for the reporting and the implications of IR35 at bit.ly/
XXXXX
phones
done only minimal preparation upcoming changes. CIPDGenderPayReporting and bit.ly/CIPDIR35 SOURCE:
MONEY.CO.UK
peoplemanagement.co.uk 10Canemployersmonitor
staffwhileworkingremotely?
The rollout of AI-powered tracking technology at a call centre operator
has reignited the debate over employee surveillance
T
he move to remote working has
been a difficult one for many
employers, particularly those
without an existing culture of
independent working. As such, the
increase in employee surveillance
has been notable.
But perhaps few businesses have
gone as far as call centre company
Teleperformance, which reportedly
told some members of staff last month
that specialist webcams would be fitted
in their homes to check for working
Some compani
infractions, including using their phone es
installing webc are
or eating while on shift. The cameras are am
workers’ homes s in
powered by artificial intelligence, and will for security br to check
eaches
automatically notify a manager of any
transgressions, as well as monitor for any
security breaches such as unauthorised
people sitting at the employee’s desk.
The rollout of the technology was Employee monitoring in the news
reported by the Guardian, which claimed Barclays introduced recognition tool to track when drivers’ behaviour. According
to have seen documentation and a training surveillance software in employees are at their desks to Vice, an unlisted video
video about the system. Teleperformance February 2020 that tracked while working from home, posted by the firm’s senior
told the paper that the remote scanning how long employees spent requiring them to provide manager for last-mile safety
feature would not be used in the UK, at their desks, but withdrew it written reasons for absence, explains the new system,
although levels of remote scrutiny would a week later after attracting including toilet breaks. which will be able to look
be different in other countries. Instead, the widespread criticism. And in February, Amazon out for misdemeanours such
cameras would only be used for meetings, PwC came under announced plans to install as hard braking, speeding,
training and scheduled video calls, and fire in August 2020 cameras in all its delivery not wearing a seatbelt and
after developing a facial vans in the US to track even yawning.
the system was intended to “respond to
the overwhelming concerns of isolation,
lack of team engagement and support”.
Nonetheless, the revelation has renewed monitored, she says, but firms need to HR decisions could lead to widespread
concerns about businesses’ surveillance of make sure that all monitoring measures discrimination. “AI at work could be used
staff inside their homes. are communicated to employees in to improve productivity and working lives.
ROBERT DALY/GETTY IMAGES
Kate Palmer, HR advice director at advance. Employers must also have a “fair, But it is already being used to make life-
Peninsula, warns any employers thinking proportionate and legitimate reason” to changing decisions about people at work –
about monitoring their staff that monitor staff, Palmer adds. like who gets hired and fired,” says Frances
employees still have an “overarching right The TUC has called for a wider review O’Grady, general secretary of the TUC.
to privacy at work” regardless of whether of the laws around the use of AI at work, “Workplace AI must be harnessed for
they are working from the home or their warning that without proper protection good – not to set punishing targets and
office. This doesn’t mean they can’t be the use of algorithms and automation in rob workers of their dignity.”
12 peoplemanagement.co.ukNews & analysis
“EverythingthatwasflungatHRwerespondedto”
Jacqui Jones, HR director of NHS National Services Scotland, reflects on
a turbulent 12 months for healthcare people professionals
A
s director of HR and workforce break. In the Louisa Jordan hospital, workers would’ve
development at NHS National Services had a lovely breakout area away from the clinical areas,
Scotland (NSS) and NHS Louisa Jordan but in hospitals with a finite amount of space that can
– Scotland’s equivalent of England’s be more difficult.
NHS Nightingale, set up to deal with an
expected influx of Covid patients – Jacqui Jones’s How has the pandemic changed people’s
team has been at the forefront of the country’s perceptions of the HR profession?
response to the pandemic. She found a gap in her From my organisation’s perspective, as our chief
full diary to tell People Management about her executive pointed out, HR has been at the forefront of
experiences over the past 12 months. just about everything. It’s really put a spotlight on how
good or not so good we are. I’ve worked very hard
What was your experience of helping set transforming HR at NHS NSS and making sure it’s
up the Louisa Jordan hospital? following the CIPD framework, and we were able
It was challenging and hard work, but an to respond to Covid at such pace – to set up the
amazing experience. We had an agreement national contact tracing centre we’ve recruited,
with NHS boards in the west of Scotland onboarded and trained
that they would supply enough staff for
the first 40 beds, and then beyond that we
“Theteamhad 1,000 people since June last
year. Everything that’s been
would need to work together to potentially toonboardand flung at HR we’ve been able
recruit additional staff for 300 beds.
We’re not an employer in our own
trainpeople to respond to, and it’s really
shown the value of good,
right, so that would have involved atpacein straightforward, pragmatic,
enacting the memorandum of
understanding we have with each themiddleof professional HR advice.
of the health boards in Scotland apandemic” What’s been your
that they would release some of biggest people challenge of
their staff to us. It involved a the last year?
lot of conversations with my There have been so many, but
fellow HR directors about recruiting into a big programme
INTERVIEW ELEANOR WHITEHOUSE PHOTOGRAPHY ALAN DONALDSON
how that would work. management service as well as the
national contact tracing centre just
How has NHS Scotland after starting to deliver HR shared
been supporting staff services for public health in Scotland
wellbeing throughout was big. The team had to learn new
Covid? systems and onboard and train people
Each of the 22 Scottish at scale and pace in the middle of a
health boards have their pandemic, and deliver business as usual
own arrangements in while working remotely. It was incredible.
place, but the Scottish
government also put extra What has made you most proud
measures in at a national of your organisation during
level to supplement the pandemic?
that, including hubs and The sheer response of people going the
networks around mental extra mile – I’ve seen astonishing things.
wellbeing. But of course it’s Lots of people have gone way beyond what
the local initiatives that really was asked of them and have delivered at
matter, and space is one of the pace. I’ve not come across one person who
biggest factors – staff need to be said ‘that’s not my job’ or ‘it’s five o’clock,
able to get away to rest and have a I’m going home’.
peoplemanagement.co.uk 13to
bers have exclusive access ?
Did you know that CIPD mem
Work Ser vice and legal helplines
the Employment Law at
mployment-law
cipd.co.uk/hr-resources/e
UK LEGAL LOWDOWN
EATupholdsclaimant’s appealaftercase Uberdriversare
workers,Supreme
dismissedfollowing‘vexatious’attempts Courtrules
Experts say ruling highlights the need for HR to vet job candidates Uber drivers are workers and entitled
A
to minimum wage and sick pay,
the Supreme Court has ruled, in a
dyspraxic jobseeker whose dismissed or withdrawn, this was “one of the judgment that could upend how the
discrimination case was struck out rare cases” where the exception to the rule gig economy works in the UK.
because of more than 30 previous that discrimination claims should not be The court unanimously agreed
“vexatious” claims, will have the struck out applied as there was “no credible that the drivers worked for Uber,
decision reconsidered, the Employment basis” to maintain them. regardless of the written contract, and
Appeal Tribunal (EAT) has said. However, the EAT said that, despite the therefore the relevant employment
In 2019, the East London Hearing numerous other claims, it was not possible legislation applied. The judges said
the service provided by drivers was
Centre found Christian Mallon was not without further investigation to determine on “very tightly defined and controlled
discriminated against by infrastructure a summary basis that Mallon’s claim – that he by Uber” and they were “in a position
consultancy firm Aecom when applying was put at a substantial disadvantage by being of subordination and dependency in
for a role there. Mallon had argued that his asked to complete an online application – was relation to Uber”.
dyspraxia – a developmental coordination false, nor determine that he already knew the The ruling confirmed Uber drivers
disorder – meant he was unable to complete claim was false. Therefore, the EAT ruled that are not only entitled to employment
rights, including rest breaks and
an online application, and the company failed the case would be heard again by a different holiday pay, but that they are in fact
to make reasonable adjustments for him. employment tribunal judge. working from the time they turn on the
He claimed that he was unable to interact Jules Quinn, partner at King & Spalding app and are ready to accept jobs.
with online forms, password characters International, said businesses could avoid The case was originally brought
and drop-down menus and requested to finding themselves in similar situations by before an employment tribunal by
submit an oral application. Aecom, however, conducting background checks on potential former Uber drivers James Farrar
and Yaseen Aslam, who won the case
said it asked Mallon to outline what was candidates. “It is very easy for an employer to in October 2016. Uber appealed the
problematic about the process, but he did not conduct a background check to determine decision, but the High Court upheld
offer details of his disability and insisted on what, if any, tribunal claims or cases a job the judgment in December 2018. The
an oral application. applicant has brought against previous Supreme Court’s ruling was the ride
The initial tribunal also heard he had employers,” she said. hailing app’s last appeal.
submitted more than 30 other claims against Quinn warned, however, that acting on Paul Jennings, partner at Bates
various firms and recruitment agencies any findings may risk putting the employer Wells and one of the lawyers acting
for the claimants, described the
between 2017 and 2019 – including one in on tricky legal ground. But on the other judgment as a “clear and powerful
which he was ordered to pay the employer hand, “careless hiring practices” could leave restatement of the importance of
costs of nearly £4,000. them exposed and taking any action against basic employment protections”, and
In his ruling, Judge Burgher said because a candidate, such as not shortlisting them for said it would shape future cases on
of the previous claims, which were either an interview, could amount to victimisation. the gig economy. “The ruling strikes
at the heart of Uber’s business model.
We anticipate there will be a significant
Wardenfiredfor‘aggressive’messageswasunfairlydismissed
class action against Uber,” he said. “It
will need to reflect very carefully on the
implications of the judgment.”
A physics lecturer accused of about his behaviour. One volunteer In his ruling, Judge Adkinson said Jamie Heywood, the firm’s Northern
sending “aggressive” messages sub-warden alleged that Sobnack “there had not been so much as and Eastern Europe general manager,
to colleagues has been awarded accused her of trying to delay her a beginning of an investigation to said: “We are committed to doing more
£15,000 for unfair dismissal after start date “to avoid carrying out her ascertain” if the allegations against and will now consult with every active
an employment tribunal ruled there duties”, while another said he had Sobnack were true, and previous driver across the UK to understand the
had not been a proper investigation asked her to work more than her complaints had not resulted in any changes they want to see.”
into the allegations. visa allowed and not record it. disciplinary process or sanctions.
Dr Binoy Sobnack had taken Sobnack’s communication style Adkinson reduced Sobnack’s
SHUTTERSTOCK
up an ancillary role as a warden was described by one complainant basic award by 25 per cent
of a students’ hall of residence as “aggressive and confrontational”. because of his own contribution
at Loughborough University. As a result of the “strikingly similar” to his dismissal, describing his
It was in this role that several allegations, he was discharged from messages as “brusque, blunt and For employment law advice and
colleagues raised complaints his warden role. unnecessarily aggressive in tone”. resources, visit hr-inform.co.uk
14 peoplemanagement.co.ukComment
We’ll tell you something… GROUP HR DIRECTORS AT THE BBC
WENDY ASLETT & RACHEL CURRIE
Job sharing in a senior position means we can role model good flexibility
T
he BBC needs usually frantic
to be a creative, with back-to-back
modern meetings, and
organisation it’s hard to carve
delivering value out time to focus
to all audiences. on our priorities.
Supporting our We occasionally
employees to work in reply to the same
the best way for them email, or miss one.
to create the best And while it’s
content is central to great for us to work
our core purpose. For three intense days
that reason, we set each, our teams
out to transform our often work five
approach to flexible days with us and
working. have no respite.
Before 2018, we But the benefits
had a textbook policy are huge. We can
and good processes talk through big
to support it. But the decisions, bounce
culture did nothing ideas off each
to bring that policy other and share the
to life. So we shifted responsibility of
our approach from passive a pressurised job.
good practice to proactive “Wecan talk It’s been fantastic so far, We also have all the rewards of doing a
engagement, rewriting our throughbig
policy and setting a target of 100
although hasn’t turned
out as we planned –
stimulating role in an organisation we
love, with time to focus on the other
per cent of roles to be advertiseddecisions three months in, Covid important parts of our lives. And there
as ‘open to flex’, supported
by showcasing case studies and bounce restrictions meant we found
ourselves based at home
are clear advantages for the company –
combined skills, two individuals bringing
internally. And we’ve made great ideas off in Glasgow and Reading. their all to one role, and sending a
progress. Ninety per cent of jobs
eachother” We haven’t physically been powerful signal to the diverse employees
AUBSDOTSTUDIO; MARK BASSETT; INTERNET BOOK ARCHIVES
are now advertised as such; 15 together for more than a we are trying to attract that the BBC is a
per cent of our workforce are on year but we’re making it work. On a place where they can work in a way best
part-time contracts and many practical level it’s straightforward. We suited to their needs.
more are on informal arrangements. both work three days a week, with a We’re now moving towards a post-
Seventy-one per cent of employees now crossover day on Wednesdays, have a joint Covid world and, like most firms, we’re
say they are supported to work flexibly. email inbox and do detailed handovers. figuring out new ways of working. The
A clear signal that the BBC really Broadly we both work across the full job BBC’s creativity thrives on teams being
meant what it said about flexibility was and aim to be interchangeable, but split together, so we’re looking forward to
when we were appointed group HR line management of our direct reports. bringing people back more regularly. But
directors as a job share in November Success is based on constant in a world where the best talent expects
2019. As the BBC’s most senior job communication, complete trust in each to work differently, and where we have
share, we feel really proud both to lead other and backing the decisions we each proven that flexibility can work, we have
the brilliant HR team and to role model make. It’s not perfect. Sometimes people a great opportunity to build on that. Our
flexible working at a senior level. want both of us, and Wednesdays are future success depends on it.
16 peoplemanagement.co.ukContact us for
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softworks.comIn practice
Real organisations, real challenges
“Youdon’tneed
VisitBritain/VisitEngland
costlyconsultants–just
agoodHRprofessional”
The government body used the hiatus in the tourism sector caused by
Covid as a golden opportunity to future proof its workforce strategy
D
evising a brand new people Lang’s main remit, she says, was to create network is now eight, including seven in
strategy is a huge undertaking at a more transformational HR function and I&D, which have allowed Lang to tap into
the best of times. And it’s even to develop a people strategy to support “latent energy” within the workforce. “As
more of a huge undertaking the company’s 300 staff, a third of whom a small organisation, we don’t have much
against the backdrop of a global are based across 19 countries, with a new resource centrally, but these groups have
pandemic. But that’s exactly approach to engagement and a particular found untapped enthusiasm none of us
what Debra Lang, director of HR and commitment to improving L&D and I&D knew was there,” she says.
professional services at national tourism – two areas a deep dive into staff survey And although undergoing a significant
agency VisitBritain/VisitEngland, a data revealed were lacking. “The team change project while dealing with a
government arms-length body, took on didn’t have the capacity to look further pandemic sounds less than ideal, Lang
during 2020 – a process she describes as ahead,” she explains. “The people function is adamant the timing has been a bonus.
WORDS ELEANOR WHITEHOUSE PHOTOGRAPHY COLIN STOUT
“like trying to fly a plane and build it at should be there to curate the people Morale, she explains, has been particularly
the same time”. But despite tourism being experience, not police it.” After low during Covid, with
one of the sectors worst hit by Covid, getting the green light to create “You need a some staff, including Lang
people strategy
and the government-funded organisation the new approach, Lang spent a herself, even contracting the
unable to furlough staff, the timing month talking to a cross-section virus, so the new strategy has
turned out to be fortuitous.
A self-described “lifetime civil servant”
of staff about their experiences,
discovering “what they enjoyed in good times, “energised” the workforce
and given them something
and having previously worked in the and what hacked them off”, butyou need to focus on. “Obviously
Department for Work and Pensions,
HMRC and the Cabinet Office, Lang
as well as commissioning an
all-staff engagement survey and itevenmore things have been awful,
which made me question
is currently seconded to VisitBritain/
VisitEngland from her role as director of
becoming “best friends” with
the data analysis team to truly
in badtimes” whether it was the right
time,” she says. “But while
people and workplace at the Department understand the results. you need a people strategy in good times,
for Digital, Culture, Media and Sport, From this listening work was borne you need it even more during bad times.”
having initially been drafted in January a host of staff networks, each run by A particular success of the change work
2020 for a year (now extended to two) to passionate groups of employees to drive has been VisitBritain/VisitEngland’s
shape and enact the organisation’s vision the organisation’s work in their particular youth network creating a virtual week-long
for a future-proof people strategy. area. What began as one mental health work experience programme for more
18 peoplemanagement.co.ukthan 200 students considering a career in
the sector – something more than three in
five say they’re now keen to pursue. As well
as benefiting the students, Lang says the
scheme was a positive experience for those
who organised it. “I wanted to encourage
more young people into the sector, and the
youth network has blown my mind,” she
says. “The team got a lot out of working with
these young people.”
And where some areas of the organisation
have seen the “volume turned down” because
of Covid, other teams have been able to put
that spare capacity to use via a workforce
interchange network and shadowing
(WINS) portal, where departments can
advertise their requirements for short-
term help, and staff from elsewhere in the
organisation can apply to take it on. “We
wanted to utilise all our resource across
the globe in a positive way,” Lang explains.
“Some projects have been started in the US,
passed to Europe and then picked up in
Australia as the day has gone on.”
But despite the limitations of the
pandemic, the change work has boosted the
organisation’s people metrics. Its latest staff
survey surpassed each of the Civil Service
People Survey’s five benchmarks around
employee engagement, including a nine
percentage point increase in those who say
the company inspires colleagues to do their
best. And Lang is particularly proud that
the initiative has cost nothing. “You don’t
need to buy in an expensive consultancy for
something like this – you just need a good
HR professional,” she says.
With lockdown measures hopefully being
lifted soon and the tourism sector tentatively
considering how it will reopen, as well as
the organisation itself considering what its
model of hybrid working will look like after
Covid, Lang is certain it will be in a much
stronger place to support the industry as it
rebuilds: “The whole company, at one stage
or another, has been in total lockdown, and
yet we’ve done this fantastic thing. We’ve got
a great HR team and an engaged workforce
who are passionate and committed to
working in tourism, and that will be
reflected in how they support the sector.”
peoplemanagement.co.uk 19In practice
Camelot Group
“Ishowedmyvulnerability
farmorethanIusually
wouldatwork”
A personal experience of psychological illness led to the organisation
driving a better understanding of its employees’ wellbeing
F
or many organisations, Covid been, and that talking about mental health One of the project’s main challenges,
has been a catalyst for bringing was a positive thing.” she says, was balancing those at the top
discussions about mental King’s experience led her to develop a driving and supporting the project with
wellbeing in the workplace to the mental health initiative at Watford-based making sure it was lived and believed in
fore. But for Rachel King, group Camelot, first telling the CEO about her by the entire workforce. “It’s no good if
HR director at Camelot Group family’s experiences and then her team, it’s just an ‘HR initiative’ or something
– the firm behind the National Lottery, which she admits was “not easy at first”, that people do because they think they
which raises £30m every week for good but felt it was important to do as a leader. have to,” King explains. “So our approach
causes – encouraging conversations about “Talking about something you are dealing was more around saying ‘this is our belief
mental health among colleagues began with that is raw shows your vulnerability and it’s fundamental to your working
long before the pandemic. more than you would normally let people experience at Camelot’.”
King first became an advocate for see at work,” she adds. “But if I couldn’t But the true success of the campaign,
destigmatising mental ill-health after her do that, how could we expect anyone else says King, has been thanks to
daughter was diagnosed with an eating working at Camelot to be Camelot’s culture. Following its
disorder. “As a parent, discovering that was able to talk openly about “If youcan’tbe launch, momentum has been
really tough,” she says. “It made me realise
how many of us are struggling with poor
their own challenges?”
And in 2019, Camelot yourselfatwork maintained by staff across the
company through its various
WORDS JYOTI RAMBHAI PHOTOGRAPHY JULIAN DODD
mental health, and often those closest to launched its ‘A place to be andfeelyou employee networks, including
don’t belong,
you may have no idea and also no idea how you’ campaign. The initiative, those for LGBT+ staff,
best to support you.” King explains, is about women and working parents,
As a result, King joined the board of bringing your whole self to
then youcan’tdo as well as a culture network
your best work”
Mental Health First Aiders England in work, and is based on the idea and mental health network,
June 2018 and became a trained first aider. that “if you can’t be yourself which became incredibly
Through this experience, she realised how at work and you don’t feel valuable when the pandemic
little people knew or felt comfortable like you belong, then you can’t do your hit – particularly when Camelot saw a case
talking about mental health. “There was best work”. As part of the campaign, staff of Covid among its workforce before the
such embarrassment and stigma around at Camelot were offered the opportunity first lockdown had even been introduced.
something that many of us will experience to be trained as mental health first “We had to adapt really quickly and make
at some point in our lives,” she explains. aiders, and the company received more some key decisions as a senior team,” King
“The training gave me knowledge and than 70 applications for just 15 places says. “Right from the beginning we made
more confidence, and suddenly opened on the course – showing there was “real the health, safety and wellbeing of our
my eyes – I realised how judgemental I had positivity” about the initiative, says King. people our number one priority.”
20 peoplemanagement.co.ukYou can also read
