Lindsay Gallard – Chief People Officer of Six degrees explains the importance of HR working closely with legal advisors as it faces the challenges posed by the Employment Rights Bill.
It’s easy to overstate the scope and ambition of the government’s Employment Rights Bill, which contains around 30 measures designed to increase worker protection and job security. It’s difficult to overstate how ambitious the government’s Employment Rights Bill is. The bill contains 30 measures to improve worker protection and job safety.
The reforms that are most notable include the Day One Rights for unfair dismissal and sick pay as well as paternity/parental benefits, as we as the strengthened rights to request flexibility in working hours. There are new laws to protect those who have the least job stability. The new laws include guaranteed hours for workers on zero-hour contracts, and they end abusive practices like firing and rehiring employees with less favorable terms.
The policies are more than just a reflection of a new government. They recognize a quiet revolution that has taken place in the way we work, our society and technology. These new designs reflect our changing attitudes towards work-life-balance, productivity, efficiency and accountability, as well as our willingness and ability to speak more openly about mental health and burnout in the workplace.
Walking a fine-line
The majority of businesses are cautiously positive about the new legislation. They understand its potential benefits, and the government’s desire to support economic growth and security. But HR teams know that there will be challenges.
It’s a new world for us all. We’ll need to work together to implement the right laws, protect workers, keep profitable operations and avoid the few who may try to take advantage of the new rules. We will need to work closely with our legal departments and keep them informed regularly in order to achieve the best balance.
How close is the collaboration between HR and Legal Teams?
It’s important that HR departments take the lead and ensure their organizations are able to protect workers from Day One. We must act quickly to introduce clear policies, while also thinking long-term to conduct regular process audits in order to ensure that these policies remain compliant and practical. Managers will ask us for guidance and help with reviewing documentation. All these factors make it vital to have the legal team’s advice and collaborate with them.
Any new policies must be clearly communicated to our teams, and then throughout our organisation. Some managers will need to be trained so that they can handle Day One requests confidently and escalate any disputes. We may have to tell them (with a little tact and diplomacy) that the world is changing and they need to adjust their style and approach.
We can also play a role by establishing clear performance goals and measuring them regularly. It improves accountability, and it also promotes collective growth and career advancement. If the situation requires warnings or disciplinary actions, then clear documentation will protect all parties from miscommunication and misunderstanding. It has been an important part of HR practices for many years. It’s crucial that these processes are in place, and all parties understand them. This is especially important now with the increased protections against unfair dismissals.
Prepare for Day One of hybrid working rights
Businesses quickly adapted to remote working during the pandemic – without the required IT infrastructure or HR policy. It was a temporary measure that would get us through the lockdown. No one can be blamed. But, today, <a href="https://www.cipd.org/uk/about/press-releases/270622-cipd-hybrid-working-splits-employers/%23:~:text=More%252520than%252520three%25252Dquarters%252520of%252520respondents'%252520organisations%252520(78%252525),for%252520their%252520job%252520or%252520sector. Over 80% of UK organizations have a hybrid model and more than 4.2 million employees have flexible employment contracts.
Some organisations, despite these advancements, still lack formal policies that define when and where remote, hybrid and flexible working are viable. The organisations also have difficulty determining how to measure and document the performance of their employees. It was once an innocent oversight. But today, businesses are exposed to risk because of perceived or actual non-compliance.
It’s crucial to document procedures and get a grip on individual productivity measurements for remote workers. This will help everyone feel more at ease and clear. A collaborative approach to managing expectations seems a sensible move. Flexible, remote and hybrid working must work for both the company and its employees. It is not for everyone. In some situations, trial periods can be a good solution. They allow you to evaluate the impact of your request without creating precedents that may have wider implications.
Look to the Future
These legislative and cultural shifts, despite the challenges we may face in navigating them, offer HR teams an opportunity to drive growth and add value. These changes also give HR teams the chance to be custodians for their business and people, by providing greater social benefits. The Employment Rights Bill is largely about encouraging a shift towards greater diversity and equality. It must be done with a plan and in a planned manner, and close collaboration between HR and legal departments.
What does the future hold for our profession after the Employment Rights Bill was passed? I imagine us acting more like risk managers, embracing both risk and opportunity equally. As we continue to monitor the progress of new legislation, I envision us operating more like risk managers. We’ll also use our experience to predict future changes in the employment landscape. To do this, however, we need to remain current, sharp and relevant. Let’s continue to educate ourselves and others, because an HR professional’s learning journey never ends!
