Why doing is nothing is not an option
HR Policies contain timelines for a reason, it is to ensure that issues are dealt with in a timely manner. If too long has past since an incident occurred, you can’t take action or use it as evidence.
There is currently a story in the process about a police office in the US who was captured on video at the scene of a verbal assault doing NOTHING – he didn’t say anything, didn’t attempt to intervene, he just stood at a distance, even though the person being assaulted asked the officer for help. The latest news this morning says that he has resigned.
Now obviously a police officer not serving and protecting is an issue, but any employee or contractor who isn’t delivering as expected is an issue too!
When it comes to staff issues often no action is taken because … well because it’s not the priority.
“If you truly prioritise something, you will make time for it.”
Clients often come to us with issues that started weeks or months before and were not addressed as there were other more pressing priorities. However the problem with not addressing staff issues is that they very rarely disappear. They escalate instead and take more time and resources to resolve.
HR Policies contain timelines for a reason, it is to ensure that issues are dealt with in a timely manner. If too long has past since an incident occurred, you can’t take action or use it as evidence.
Jane came to me regarding an employee who was turning up to work late on a regular basis. She wanted to terminate their employment as this had been going on for months. I asked to see the notes from meetings and any disciplinary outcomes that had been given and was told that there was nothing officially documented and any conversations had been informal. I couldn’t help Jane to fire the employee. Instead we had to start the disciplinary process to inform and address the lateness issue. In the end after being given a written warning, the employee turned around their performance and is now working well.
To ensure that you don’t end up in the same position as Jane remember to:
- Address issues as they occur
- Gather all the evidence while it is fresh
- Document everything
- Follow the process as detailed in your policies
If you need any support with your HR issues, click here to contact us.
Reunion Reminders - Why organisational culture is vital to your success
As small business owners we don’t focus so much on the culture internally but the brand externally, especially as initially we don’t have a team, but if we consider the environment we wish to cultivate before we begin adding to our teams, it will influence the way to recruit, who we recruit and how we communicate.
Last week I attended a reunion for the company where I had my first full time HR Role. It was where I learnt the importance of building relationships, finding out all the details before making assumptions and that you can’t do everything!
It’s also the organisation where I felt the most supported to build my skill set and included in the business, not just a cog in a wheel but a vital part of the business family.
As we mingled in the private room of a central London pub, WHILE the England V Belgium match was happening. I was amazed to see most of the graduates that I’d been instrumental in hiring and find out where they were 11-12 years down the road. There were marriages and babies of course, but also such a variety of roles and industries – I felt really proud that our graduate programme had produced a set of successful and NICE people, who are making a tangible difference in the world.
Everyone I spoke with regarding the organisation – who unfortunately was acquired by a larger consultancy and so no longer exists – said that they loved the culture and that they tried to take the values with them. What better accolade could you want!
As small business owners we don’t focus so much on the culture internally but the brand externally, especially as initially we don’t have a team, but if we consider the environment we wish to cultivate before we begin adding to our teams, it will influence the way to recruit, who we recruit and how we communicate.
This week in our, Free Facebook Group, our 1 minute HR Tips have been about how to motivate your team. Some of the elements discussed would be amazing perks to talk about with potential candidates, if you are starting or building your team.
Things to consider when creating or improving your organisational culture include:
- Clear & Honest Communication – Is your communication clear? Are you sharing with honesty? No ambiguity.
- Being Proactive – Are you looking ahead and taking your team on the journey with you?
- Recognition – Are you recognising greatness within your organisation? Does your top employee know it?
- Is there a bonus scheme in place? If so are the prerequisites and calculations clear?
- Have you assessed your team dynamic? Do you know the type of team members you have?
- Is EVERYONE in your organisation on the same page?
- Do you want to give back to the community as an organisation?
- Do you want to make time for some fun and festivities?
These are some of the things to consider, as you build your organisational culture.
Use these questions to assess your culture and If it is not where you wish it to be. Start to initiate change with just one item on this list and see the improvement it will make to your productivity and morale.
Ready to certificate?
A certification or qualification can be seen as the pinnacle of achievement and a true sign that your company value and invests in their people, both with time and finance.
Everybody loves the bit of paper that shows that they know their stuff. I know that I do!
Often a certification or qualification can be seen as the pinnacle of achievement and a true sign that your company value and invest in their people, both with time and finance.
When I started in my first full time HR role, they funded my Master’s Degree and gave me study leave to ensure I was successful. As a young newly-wed, this was definitely needed financially and I felt a great sense of loyalty to the business, and put in extra hours to make sure everything ran smoothly. They also benefited from my final year project, as it was based on a real issue within the organisation and I came out with a plan, which was implemented successfully.
I spoke at the beginning of this month about finding the skills gaps between where your company currently is and where your 1, 3 or 5 year business plan says you’ll be. Some of those skills may need to be ‘bought in’ or you may outsource, but it’s much more cost effective to develop those skills in house. It’s really a win-win, you retain good staff, who improve their skill-set and salary, and they develop the skills you need to grow your business.
There are many different certifications and qualifications; dependent on your business needs. If your business is regulated there may also be compulsory qualifications, so it’s good to keep up with any changes the regulators may make, so that you are prepared ahead of time.
A really cost effective way to develop an individual and increase the skills and capacity in your business is to get an apprentice – apprenticeships have come a long way! As a small business you can benefit from government funding (dependent on your turnover). An apprenticeship can last between 1-2 years and it isn’t only under 25’s who can benefit from an apprentice.
It is important that you have your team gain qualifications that will aid your business as well as support their development and growth. This is why having a plan is so important. A lot of small businesses fail because they fall behind their competitors and don’t have time to develop the new skills that are needed.
It is pointless having your staff learn a new system that they won’t use for another 6 months. The best training can be implemented in the workplace as soon as it is learnt. When I under took PRINCE 2 Project Management training, I had already started working on projects using the methodology and was frankly a bit overwhelmed by all of the terminology. Once I completed the course my understanding of how a project worked and why I needed to do something, it made me far more effective and efficient, because I knew how the process worked.
Encouraging your staff to up-skill can feel risky, as you could train staff that then take their shiny new skills and leave. However you can protect yourself by having a learning agreement in place.
This means that should an employee leave within a period of completing their course, or before completing, they would need to reimburse the cost of their course. If you need some assistance drafting a learning agreement, click here to schedule a call to discuss.
Investing in certifications and qualifications for your staff is a big way to show you value and appreciate them, as well as build your business. Will you invest to build and scale your business?
Can you train well on the job?
You need to have a plan of action for on the job training and documentation to support it, e.g. process maps (although you can get your trainee to do that to check that they really get the process).
When I studied for my Masters in HR, I loved the fact that they related the theory to the practical work that you would need to do as a HR professional. At the time of my studies, I was working for a small management consultancy, so I was involved in everything and could apply my learning almost instantaneously. Apart from one area, union negotiation!
My company was not unionised, there were not any union members in the organisation, so while I got the theory of negotiation and how long it could take, I really couldn’t see it as being a reality for me, as unionised organisations were big and largely nationalised when I was studying. So I filed it away and left the knowledge in a DEEP recess in my mind!
Fast forward 3 years and I found myself working for one of the largest international consultancies and negotiating redundancies for IT staff in the manufacturing sector with THREE angry union representatives.
Now it wasn’t the fact that they were angry that I struggled with (their jobs were on the line, so they had every right to be angry). It was the fact that I didn’t know how to respond, how to defuse their anger and find a solution that everyone could sign up to.
Luckily for me I wasn’t alone, my much more experienced colleague was there, and as he spoke I took note of his tone and the words he used to defuse the situation. When one particular individuals behaviour became unacceptable, he adjourned the meeting and spoke ‘unofficially’ with a few key individuals. It took two more meetings but in the end an agreement was made.
The next time there was a union related issue, I led and my colleague supported and gave me feedback. That training has stayed with me for my entire career. I’ve built relations with union representatives and am able to smooth difficult paths, without tempers becoming frayed.
I am definitely a person who learns by doing, the technical term is kinaesthetic. I can read all the books in the world, but I need to roll my sleeves and get in there for it to stick.
I think this is true for a lot of people and from a business owners point of view, on the job training has many positives:
- It’s not too costly
- You can quickly assess if the training is working
- It helps to keep staff motivated
- It can free you up to do other things
You still need to have a plan of action for on the job training and documentation to support it, e.g. process maps (although you can get your trainee to do that to check they really get the process).
Good ways to train on the job include:
- Shadowing
- Attending Meetings
- Listening in on calls
- Drafting communication
- Minute Taking
- Providing Holiday Cover
If you think on the job training would be great for you team, but are unsure where to start, contact us and we’ll be in touch to discuss how we can assist you.
Do you have the time to Coach?
Coaching is definitely more time consuming than telling, but it can be really freeing for you.
Studies show that whenever you take your children away on holiday or spend significant time focus on them, they will have a developmental leap; either physically or mentally.
Every time my husband and I take our girls away, we see a leap. In February we took them to Butlin’s (UK family orientated holiday park).
We went on walks, to the pantomime, saw live shows, met the Telly Tubbies, ate ice cream and generally had fun. At the end of the five days; my three year old had progressed with her physical ability, running, jumping and climbing, while my five years old's verbal dexterity and understanding evolved. It was really great to see, but as a mum I also thought “soon they won’t need me anymore!”
Now I know my girls need to progress and develop, and if they were not I’d be a different kind of concerned, but there is a part of me who loves being needed – MOST of the time!
Teaching new skills and giving the opportunity to test them out, takes time and patience. Which is why I think my girls develop when we aren’t in a rush and have time to answer lots of “Why” questions and eat waaaaay past dinner time because the girls want to peel the potatoes! They learn by doing, asking questions (there are no silly questions) and making mistakes.
Coaching your team is a lot like that. You need to ask questions, rather than give answers. Be accepting of the fact that someone else isn’t going to carry out a task as quickly or in the same manner that you would.
For a long time I would do all my employee statistics myself, I would spend at least three days a month deep in the spreadsheets manipulating the data and ensuring I understood why the differences occurred and what things we needed to address. Then, I my additional responsibilities meant that something had to give. I handed my precious statistics work over and when I received the report and asked penetrating questions, I wasn’t able to get the answers I needed. The temptation was to take it back and do it myself, but instead I took the time to explain what my senior team needed to know and we reviewed the calculations and made some changes together. The next month I had better figures and a faith that my spreadsheets were in great hands!
Coaching is definitely more time consuming than telling, but it can be really freeing for you.
Some good coaching questions to ask are:
What would you do?
Why?
So what?
How does that make you feel?
What’s the worst thing that could happen?
If you knew you couldn’t fail, what would you do?
The next time a team member asks you for an answer (unless its time bound or something only you would know) try asking a coaching question and see what happens. It will take time, because it is a change to our natural inclination to help others.
Give it a try and let us know how it goes in the comments section below.
Establishing business and individual needs
It’s important to know where you want your businesses to be in the next year to three years, so that you can put a plan in place to be prepared for the increased clients and the changing landscape.
When I decided that it was time to move my business from my side hustle to my full time gig, the first thing I did, was to up-skill. I invested in my development and achieved Chartered status for the CIPD (Chartered Institute of Personnel and Development). It was a way to ensure that I had the paperwork to support my skills, I knew that I could do it, but I wanted to be able to prove it.
The other thing I did was sign up with a business start-up service and attended all of their courses to make sure I learnt the basics of running a business. All of this played into my business plan, helping me to do my research and set the business goals.
Now, we all know that our business plan is a live document, we have to constantly review and update it to keep up with the needs of our clients and stay ahead of the competition. This means learning new skills, developing our offerings and making strategic partnerships, so that you can scale and grow your business.
It’s important to know where you want your businesses to be in the next year to three years, so that you can put a plan in place to be prepared for the increased clients and the changing landscape.
To do this effectively, you need to know what skills you currently have within your organisation, the skills you would need to execute your plan for world domination and then see where any skills gaps would be. You can then look at adding to the skill-sets of your team and yourself to make sure that you are ready.
You may also consider recruiting new staff to help give you capacity. For example, I plan to recruit an apprentice in the autumn, I’m excited about mentoring and developing an individual to become an effective HR Professional, but I’m also excited about building the capacity within my team, so that I can take on more clients and take a break, knowing my business baby is in safe hands.
Developing staff has always been a challenge for small business owners. We are typically small and lean and so can often need to develop staff while keeping them doing what they do best. Then there can also be a fear that staff that have been developed may take their new shiny skills and go and work for someone else.
However, studies show that staff who feel appreciated and invested into, stay with an employer longer.
“employees who are ‘engaged and thriving’ at 59% less likely to look for a job with a different organisation in the next 12 months”
Gallop Research
So what are you doing to develop your team? To keep them 'engaged and thriving'? It doesn’t have to be a traditional classroom based course, take them out of your office for days at a time or cost a fortune.
When I first started studying HR we used ‘Maslow’s Hierarchy of Needs’ to discuss motivations for individuals, if you’ve never seen it before, check out the image below. The theory is that there is a set of basic, psychological and self-fulfilment needs, for each individual and that you need to start with the basics as a foundation and then add the other elements.
It’s a good argument for why a good salary and benefits package isn’t enough to retain your staff, but also why fulfilling work is the key.
For the rest of the month I’ll be looking at how we can build our teams, increasing their capability, motivation and happiness.
Let us know if you have any questions in the comments section below and we will try to address them this month.
Getting Dismissal Right
Dismissal is a very serious sanction. It is a decision that should always be well thought out, which can be difficult if someone has done something potentially damaging to your business baby.
One of the things that would often frustrate me when I was working corporately was the office politics. It added extra complexity to tasks and meant that things were often not straight forward.
I’ve found myself between a rock and a hard place on many occasions! I used to report into a CEO of a client’s company, but I also reported into the HR Director of the parent company. Their directives often clashed and I was never sure who would win each battle!
One of the things they often clashed about was the dismissal process and how many chances were given before an employee was exited from the business. The issues wasn’t the number of times but that we were being consistent and ensuring that all individuals were treated equally and having a robust process that could be defend at Employment Tribunal if necessary.
Dismissal is a very serious sanction. It is a decision that should always be well thought out, which can be difficult if someone has done something potentially damaging to your business baby.
There are two different types of dismissal:
Dismissal
This is used when an individual has gone through the disciplinary process several times for the same types of infractions; and so has gone through written warnings to a final written warning and then onto dismissal. You should have complete documentation for the process and the individual would be dismissed subject to their normal notice period (which you can pay out or have them work).
Summary Dismissal
If dismissal for a Gross Misconduct incident, e.g. Stealing, Fighting, Sharing confidential information, it would commence immediately and no notice pay would need to be paid.
If you are considering dismissal for a one off incident, I would suggest suspending the individual while you investigate the incident and ensuring that you are fully aware of the whole situation before you come to a decision. If the situation isn’t clear cut, I always suggest taking professional HR advice.
If you need help with your people management basics, our management fundamentals online course is for you, click here to check it out.
Discipline process
The first thing that you need to ensure before you commence a disciplinary process, is to ensure that you have a policy and that your team is fully aware of it.
Discipline is a funny word, it can be used with both positive and negative connotations!
People are always telling me how disciplined I am, with my 5:30 wake ups to run or hit the gym. Little do they know how hard it used to be to get out of my warm bed and burn calories / build muscle while it was still dark outside, but it was what I needed to do to be able to achieve my goal of getting back to my pre-pregnancy weight, feel comfortable in my clothes and keep up with my two little, very active girls!
It’s a good discipline, built up over time. Now I’m awake before my alarm even goes off!
And if you have that kind of discipline, you shouldn’t need to be disciplined!
The less positive definition of discipline is:
‘A method for dealing with a worker who causes problems or does not obey company rules, for example, by removing them from their job’ Cambridge Dictionary
The first thing that you need to ensure before you commence a disciplinary process, is to ensure that you have a policy and that your team are fully aware of it.
Then you need to follow the steps as laid out in your policy, generally all disciplinary policies comprise of the following steps:
- Informal Conversation
- Investigation
- Disciplinary Meeting
- Outcome
- Appeal
Informal Conversation
Generally, unless the matter of discipline is super serious, you would start the process by having an informal chat with the individual – the PIP process that we discussed last week, would be considered the informal part, so you would go straight into the disciplinary meeting from a PIP.
Investigation
You should have an investigation officer who is not linked to the case to investigate the case, review documents, speak to any witnesses and the individual involved. They should then produce a report on the case and make recommendations for the outcome (they could also come to the conclusion that no case needs to the heard).
Disciplinary Hearing
The disciplinary hearing should be chaired by a Manager not involved with the case, with support from HR if possible.
The Investigation officer should present the case and their findings and then the individual and their representative (if they have one), may ask questions or present evidence or mitigation. Witnesses may also be called.
At the end of the meeting, it may be adjourned for an outcome to be reached or an outcome can to communicated at a later date (generally within 5 working days)
Outcome
At the end of the disciplinary process there are five possible outcomes:
No action – The case is not upheld.
Written warning – This is generally left on the individuals file for 6 months, and any infraction within that period could lead to further disciplinary action.
Final warning - This is generally left on the individuals file for 12 months, and any infraction within that period could lead to further action, including dismissal.
Demotion – A reduction in role and remuneration, generally the outcome if an individual isn’t performing effectively in their post.
Dismissal – This is the final sanction from a disciplinary process, either after a series of infractions or following an infraction considered Gross Misconduct.
Appeal
Everyone has a right to appeal the decision on their disciplinary hearing. They could appeal it based on the outcome, the sanction or the process.
Next week we will be looking at dismissal’s and how to ensure you are being legislatively compliant.
If you need help with your people management basics, our management fundamentals online course is for you, click this link to check it out.
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Performance Improvement Plans
A Performance Improvement Plan is a formal document used to demonstrate under-performance and give detailed SMART objectives for improvement.
Sales are the life blood of any business, if you don’t make sales you are not in business! Dependent on the type of business you run; product or service based, you’ll have a strategy for sales and growing your market share, and to achieve that you’ll have weekly, monthly, quarterly and annual targets for your revenue and profits.
Regardless of an individual’s role within your organisation, their input will lead (either directly or indirectly) to the sales and the growth of your empire. This means if an individual isn’t pulling his/her weight, it needs to be address and rectified as soon as possible, as time is money!
Often, staff who don’t directly affect the bottom line of the business can find it difficult to equate their role to the success of the businesss, and so do not work as effectively or efficiently as is required.
I helped a client create a performance improvement plan (PIP) for their receptionist who was surprised to be placed on a PIP, as so came in on time, left on time and answered the phones. She didn’t see how the ‘small’ things that she didn’t do, or complete with urgency and quality made a difference to the business as a whole. For example she would take a telephone message, but not pass it on straight away, but after she’d finished the task she had in hand. More than once this meant that someone headed out of a meeting, only to find it had been cancelled when they’d almost reached their destination. This was costly for the business, it meant lost time and expense for travel.
So what is a Performance Improvement Plan?
‘A Performance Improvement Plan (PIP) is a great way to give a struggling employee the opportunity to improve, while holding them accountable for past performance’
A Performance Improvement Plan is a formal document used to demonstrate underperformance and give detailed SMART objectives for improvement.
You should create an action plan and have a meeting with the individual concerned. The action plan should include the following:
- Description of the issue(s)
- Details of discussions regarding the issue(s)
- Objectives going forward
- Timelines for reviewing objectives
- Any Training required
Remember your objectives need to be SMART!!
Generally a PIP lasts between 2 weeks to 2 months (it can also be extended, but we’ll be to that later!).
You must regularly review performance, no less than weekly.
At the review meetings you should be discussing the following:
- Progress with meeting objectives
- Any mitigation in meeting objectives
- Any support and/or training provided
- General wellbeing /stress management
At the end of your PIP period, you can come to one of the following outcomes:
- PIP Passed Successfully – Keep the document on file 6 months
- PIP Period is Extended – Have a further review after agreed period
- PIP Failed – Commence disciplinary process
I hope this helps you with dealing with your poor performing team members, generally once you are clear about your expectations and a formal process commences, most employees improve.
If you need help with your people management basics, our management fundamentals online course is for you, just click the link for more information.
Difference between conduct and capability
Often when dealing with issues with staff it is important to establish if it is conduct or capability issue.
I remember telling a young graduate that she hadn’t passed probation and so her contract would be terminated. She was devastated and kept asking for a second chance to prove herself, while I wanted to save her from feeling even worse (if that were possible), I had to go through all of the feedback, direction and correction that she had received over a three month period and demonstrate that improvements had not been made. It wasn’t pretty, but she needed that level of detail to understand how she had failed to pass her probation. She had potential but she failed to demonstrate that she had the capability to carry out the role.
On the other hand I had a client who had a perfectly capable Sales Executive who was bringing in sales that exceed their monthly targets, but was not working effectively as part of a team; would over promise to clients and not bring in the delivery team until the last minute, which led to clashes, disgruntled clients and more than a few heated exchanges.
Bringing him into a meeting to discuss his conduct, was far more complicated. He reasoned that he was overachieving on his objectives and what happened after the client signed on the dotted line wasn’t his responsibility. And to give him his due he had a point his objectives were not aligned to what was holistically best for the business. It wasn’t his capability that was in question, it was his conduct.
Often when dealing with issues with staff it is important to establish if it is conduct or capability issue.
To be clear “capability” is the ability to successfully deliver the objectives that have been set, whereas “conduct” is the not displaying the behaviour expected as an employee or a prerequisite for the role.
If an employee doesn’t demonstrate the capability to deliver the SMART objectives that you have given them, then you should follow a Performance Improvement Plan (PIP) process. This is a detailed plan that stipulates the changes that you are expecting to see with timelines for improvement. Generally, an individual has a month to improve their performance (you don’t have to do this if the individual is still within their probation period), with regular reviews – at least weekly. Should the individual not improve then you should invoke your discipline process.
Next week, I will go in all the details you need to follow for an effective performance improvement Plan.
If an individual’s conduct is the issue. Then the first point is to check that your objectives are aligned to behaviours you are expecting (this doesn’t apply for gross misconduct behaviours, e.g. fighting, criminal convictions, fraud, not following reasonable management instructions). If the behaviours are clearly stated in their objectives, then you should start with the discipline process, generally once an official process has begun the individuals conduct should improve. But if it doesn’t you can follow your discipline process all the way to the dismissal stage, should it be necessary.
As ever with staff issues, ensure that you note all evidence and meetings, confirm informal meetings with an email so that you have a log – evidence is key.
Should you need any assistance with your discipline process or how to have effective performance conversations, that are also legislatively complaint, just get in touch and we will be happy to help.
When you need to have that difficult conversation
Does your team know what is expected of them? And how their work relates to the success of your business?
This morning I was showing my husband some new abs exercises and he was saying that he was finding some of the moves challenging (I was sharing the torture I have to endure at my boot-camp class!), when my amazing five-year old put her hand on his shoulder, looked him deep in the eyes and said “Daddy, you just need to keep practising and you’ll get better”. We laughed because she sounded like me at homework time! I try to make homework fun and give feedback that builds my girls confidence and encourages them to keep pushing for excellence.
This can be very similar to dealing with staff issues, it can be hard to balance providing constructive feedback that motivates, rather than frustrates. And of course everyone is different, which means you need to flex your style of delivery to ensure that your word will be heard as intended.
It’s always best to address issues as they occur (or as soon as you are aware), rather than storing them up for the next scheduled meeting or performance review. I always say that if someone is over achieving or underachieving they should know about it before going into a formal meeting or appraisal (unless it’s a gross misconduct issue).
We all know that no one is perfect and we all make mistakes, so expecting perfectionism from your team is unrealistic. However, there are basics that need to be delivered, processes and procedures that need to be adhered to.
So, the first step in dealing with staff issues, is to ensure that they are aware of what is expected of them through establishing SMART objectives and having an employee handbook that details policies and procedures, around behaviour and the sanctions for not adhering to them.
Does your team have SMART objectives set? If you need a reminder on setting objectives, check out my video here https://youtu.be/OojcB63lVy8
Does your team know what is expected of them? And how their work relates to the success of your business?
It is important to get confirmation from your team that they have heard and understood what you told them, I generally get my team to send me their objectives after we have discussed them, so that I can be sure they have understood what I relayed and not made an assumption.
Once you know that you and your team are on the same page, you are in a much better situation when it comes to dealing with any performance issues that arise.
Here are some tips to help you to discuss poor performance:
Listen before you speak – Get the back story, make sure there are no extenuating circumstances. Remember that sometimes your team needs your support more than your wrath!
Be prepared - Stick to facts. Provide examples of issues and show what good looks like.
Don’t get emotional – The majority of the time people aren’t purposely making mistakes, they will feel bad, don’t make it worse by adding your feelings to it.
Set clear objectives going forward and review them at least weekly, to ensure that improvements are being made.
Next week we will look at the difference between conduct and capability and the best ways to address each type of performance issue
What personal data do you have on me?
Know that even if you refer to someone by their initials, you would still be obligated to release those documents.
I remember spending 2 hot days, a couple of summer’s ago holed up in a meeting room that was meant for 4 with 7 members of my HR team going through over a thousand pages of documents. Checking and removing any personal data that wasn’t directly related to the employee with over 10 years-service, who had decided to submit a subject access request.
We had sick notes, occupational health reports, appraisals and expired disciplinary notes for 10 years!! It was a time-consuming manual process. One I hope to never repeat!
So what’s a Subject Access Request?
Well for the cost of £10, with a turnaround time of 40 days (there are some exceptions), an individual has the right to be:
- told whether any personal data is being processed;
- given a description of the personal data, the reasons it is being processed, and whether it will be given to any other organisations or people;
- given a copy of the information comprising the data; and given details of the source of the data (where this is available).
- This mean data on emails, files on systems, paper documents and information in your notepads!
Know that even if you refer to someone by their initials, you would still be obligated to release those documents.
This could be an employee, job applicant, client, customer or service user. Just recently, I received a concerned email from a client, querying a subject access request from a potential employee, requesting their references. In case you were wondering references aren’t confidential, so remember that when references are requested from you!
This is why it is vital to keep ONLY what you NEED to run your business and securely dispose of the rest!
For more GDPR and general tips, check out our YouTube Channel.
Are you a data controller or a data processor?
Most organisations will find that they are both controllers and processors, I can’t think of an organisation that doesn’t store, process and analyse data, for their use and/or the use of others.
I remember working on a TUPE transfer (when staff are transferred to another organisation, as it will carry out the same work) and waiting desperately for the staff data, so that I knew what I was getting and could be prepared! The company that had lost the work, waited until that very last minute to share the staff data and I remember pulling an all-nighter, so that we could work out our costs and ensure that he transferred staff would receive the correct salary! We did make it, but JUST! And it took quite a while to get to grips with all of the terms and conditions, once we received those!
I’m a excel geek! I truly believe that having the right data and knowing how to analyse it, is the key to the success of your business. It enables you to understand the needs and patterns of your clients and to recruit, develop and retain the best staff for your business.
So, now that you have established what personal data you hold on your staff and clients, and then narrowed it down to what you actually need. You need to understand your responsibilities…
So back to my question – Are you a data controller or a data processor?
Being a Data Controller - means you are an organisation who requests and stores personal information about your staff, clients and/or service users. A Data Controller would also give instructions to a Data Processor, regarding how the data is to be used, e.g. Payroll Processor, Accountant, Manufacturer.
Being a Data Processor – means you act on the instructions of Data Controller. As a processor, you have to show that you have the right systems and processes to secure that data.
Should a data breech occur, both the Data Processor and Data Controller, would be liable. The Data Processor for any omissions that lead to the breech, the Controller for not ensuring the right processes are in place. The Contract between Data Processor and Data Controller, must stipulate that the Processor will adhere to the GDPR.
The regulation applies to citizens living within the EU, so even if you use Data Processors outside of the EU, they must also adhere to the regulations and would still be liable to be fined.
Most organisations will find that they are both controllers and processors, I can’t think of an organisation that doesn’t store, process and analyse data, for their use and/or the use of others.
What is a Data Breech?
A data breach is any situation where an outside entity gains access to user data without the permission of the individual.
If a data breach should occur, the GDPR specifies that the affected company has 72 hours to notify the appropriate data protection agency and must inform affected individuals “without undue delay.”
This means you need to have a plan of action should a data breech occur as part of your risk register!
Are you ready for GDPR ?
Are you a data hoarder?
How to prepare for the new data protection legislation.
I like clear and empty spaces.
I like everything to be in its home.
Clutter and mess makes it difficult for me to focus. That’s why when I work from home, I try to stay in my office as much as possible, so that way I’m not distracted by other things that need doing. My husband on the other hand has tunnel vision and can ignore ‘all the things’ when he works from home!
Clutter is something I struggle with for clients too. The first thing I want to do is set everything straight! The last couple of months, we’ve been helping some clients prepare for the GDPR (European General Data Protection Regulation that comes into effect on the 25th May 2018) and data clutter is something that I’ve encountered everywhere!
I need to make sure that my clients have the data they need to make sound decisions about their clients and staff but also staff within the stipulations of the law!
Now the first thing that you need to do as a business, is:
- Detail the data that you store, either digitally or on paper. This is data you keep on your clients, staff and any associates that you work with.
- Then you need to look at why you keep that data and is it necessary (you need to be able to explain why you asked for the data, and why you still need it!)
This is often the place where I find the most business owners get stuck, there is that’s hoarders mentality. The desire to keep hold of everything ‘JUST IN CASE’!
So here are a few reminders:
Job Applicants – You need permission to keep their details, if they were unsuccessful in getting the job they applied for. Once you have closed the roles, you should securely dispose of all personal details after 3 months (just in case an Employment Tribunal claim is received)
Staff files – Remove any spent disciplinary or grievance notes. Remove any sickness.
For leavers, you only need the information required to give a reference.
Newsletter Subscribers – Ensure that subscribers know how to unsubscribe easily and get permission before you add contacts to your subscriber list.
Client / Service User Details – Ensure that you only request the information that you need and once you no longer need it, you secure dispose of the information.
Special information Notes – If you keep sensitive information regarding your clients/service users (Racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation), there are additional Stipulations around how you process that data – so you need to be extra cautious.
You need to know what personal data you have and what personal data you really need.
Next week, we will look at how you process the data that you do need
Let me tell you a secret …
In case the new European regulation hasn’t hit your radar, here are the top facts that you need to know as a small business owner.
It’s a well-kept secret - well it was until I wrote this!
I studied IT at undergraduate level and wanted to be a solutions architect when I was younger!
As I studied for my degree, I found that one of my greatest frustrations was coding! Not because I didn’t get it, but because of the little nuances that meant I’d spend all day trying to figure out why my script wasn’t working, to the point of wanting to throw the machine out of the window!!
Then I’d fall asleep frustrated, wake up and instantly know what I needed to fix!!!
It was like all the pieces fell into place when I stepped away from the machine! Does that ever happen to you? You read a document you’ve written and it looks fine. Step away for a few hours and then suddenly the typos of grammatical errors appear! Frustrating isn’t it?
It was that frustration that led me to look for roles that didn’t involve too much coding, and ultimately introduced me to HR!
But even now, my coding experience means that my understanding of HR systems and producing data analytics, means I end up working on HR systems and processes for clients, even when it is not in the original remit!
It’s also is why I’m so interested in the new GPDR regulations, that comes into effect on the 25th May 2018.
I started looking into it for my own business, to make sure that we were prepared, as I have a lot of access to my client’s staff information and of course have personal information from clients, partners and staff.
In case the new European regulation hasn’t hit your radar, here are the top facts that you need to know as a small business owner.
- GDPR stands for the European General Data Protection Regulation.
- It applies to businesses across Europe.
- It relates to personal information – information that can be used the identify individuals, e.g. name, passport number, driver’s license, Ni number.
- It looks at how you’ve obtained information, why you have it and what you do with it.
- It give individuals increased control of what information you keep on them and how you process it.
- There are increased penalties for failure to comply with the new regulations.
The London Chamber of Commerce and Industry published a survey this January that showed that 1 in 4 businesses are not prepared for when the regulation comes into force on the 25th May.
I’ve been working with quite a few clients, helping them to get ready and I can say that no one is 100% ready and I know some companies that haven’t started yet!
So for the next few weeks, I’ll be sharing hits and tips to help you get ready!
Let me know how far you’ve got with your preparation plans and if you have any specific questions.
Once upon a time ...
How determined are you? Do you have waht it takes to push through the obstacles that life throws at you?
Once upon a time there were Three siblings and they all woke up and fancied pancakes for breakfast.
They ran down to their respective kitchens and found that they had no flour, milk or maple syrup to pour!
They all rushed to get dressed and pulled open their front doors …
And it was snowing HARD!!
The First Sibling said “I HATE Snow!” Closed their front door and had toast and jam for breakfast instead.
The Second Sibling said “I HATE Snow!” thought of the taste of those fluffy pancakes, sighed and stepped out, closed the door behind them and started walking to the corner shop. Halfway down the road he slipped on a patch of ice and landed on his bottom! He struggled up looked around see if anyone had witnesses his humiliation and headed back home dejected. He had porridge (with no maple syrup) for breakfast instead.
The Third Sibling said “I HATE Snow!” thought of the taste of those fluffy pancakes. Went into her cupboard, got her snow boots out, put them on and headed to the corner shop. She took the walk slowly and nearly fell a couple of times, but made it to the corner shop. Got her provisions and came home to make lovely fluffy pancakes, with maple syrup.
What do you think is the difference between there three siblings?
They all wanted pancakes and all hated the snow, but the desire for the fluffy pancakes was stronger for some than others.
When you say this is your year and you are going to make steps towards your aspirations, is the desire stronger than the obstacles you’ll face, the fear of failure or what other people think?
Be honest in the main which sibling are you? If you aren’t sibling 3 what’s holding you back?
I was speaking with a director last week, I’d been working with some of his managers to formulate a plan for some changes within their teams. He and I started discussing the finer details of the plan and I suggested some changes to the plan that I’d also suggested to his managers – but they had not gone for as they assumed that he wouldn’t agree. Funny thing is … he could see the pros and cons and wanted to look into it!
I’ve made these types of assumptions before, I’ve spoken to candidates that I assumed weren’t interested in a role, from looking at their CV or prepared for a fight with a union official, who totally understood the business needs!
Are you letting your assumptions stop you from moving forward in your business?
I hear so many entrepreneurs worry about building, growing or changing their team. If this is you schedule a call with us to discuss your HR needs here, and see how we can help you to move forward.
What is your perspective?
How do you view your business? Do you switch perspectives, so you can see things from you clients and teams point of view. Here's why its important to shift your perspective ...
When I’m away from home, I find the best way to get to know the area is to go for a nice long run, it gives me a totally different perspective from being in the car. I can focus 100% on my environment and can take in all the little things I wouldn’t have seen from the car.
We are away this week for half term and even though I’ve run in this location before, this morning I decided to turn left instead of right and I saw the area from a whole different perspective, and it was beautiful and enlightening!
When we drove in on Monday, we saw a castle on a hill, that disappeared as we approached our destination. The castle seemed so far away! Today I found was only 2 miles away!
The thing is this is often the way with your business. You spend so much time making sure you’re delivering excellently that you don’t see the other perspectives.
It’s always a good idea to see your business from all angles and to experience what your team experiences, so that you think about your business strategy from their point of view.
When I’m working with my clients on people strategy, I always ask about the details on delivery and how changes will affect the way the business delivers their product and/or service.
Often the senior team are too removed from the process to be able to answer and often this is the reason why plans fail. You can’t have an effective business plan without taking input from the people who will deliver it!
Your team often have great ideas for efficiency and input for innovation. Engaging with your team as you plan, helps you to improve on your plans and makes the joint effort of achieving your business goals alongside your team, SO MUCH EASIER!
Are you stepping back, stepping in and changing your perspective?
Are you wandering why Stella is sick again?
What do you do, when a poor performing member of staff keeps calling in sick, whenever you schedule a meeting to discuss their performance?
Most people will avoid confrontation if it is at all possible. I’ve lost count of the amount of clients who tell me that the moment that they start dealing with a staff issue, that person goes off sick.
It’s an amazing phenomenon, it’s as though they think that by going off sick you will forget all about that pressing issue that needed addressing. The problem is that sometimes you do, it’s easily done, you have so much other stuff going on running your business and keeping your clients happy, that the passing of time can often mean that your priorities change and the issue gets put on the back burner.
But this is a cycle that can be dangerous to the success of your business and can lead to discontentment in your team. So how can you avoid getting into the cycle in the first place?
You need to nip performance issues in the bud! And here’s how:
- If there is an issue discuss it as it happens (or when you discover it), in private. Unless the issue is so bad that it is automatically a disciplinary issue. Having an informal conversation in ‘real time’ rather than waiting for your next 1-2-1 is best.
- Make it a positive conversation, discuss how to avoid repetition. Demonstrate what good looks like and offer support and training if necessary.
- Agree SMART (SPECIFIC, MEASURABLE, ACHIEVABLE, REALISTIC,TIME-BOUND) Outcomes,
- Get the individual to confirm everything you have agreed in writing – a simple email will do.
- ACTUALLY stick to the review timeline (at least weekly).
- If the quality of work does not improve, use the evidence that you’ve gathered from this informal process to start your formal capability process
REMEMBER - If someone does go off sick after a capability conversation, press pause on the process, but once they return MAKE SURE you restart and if this happens again, ask for a doctor’s note. You may have to pay for it, if they are off less than 5 working days, but it will be worth it.
As always, should you need some assistance please contact us here.
Meet my Inspiration
Today, i m sharing my personal story on how I learnt about resilience ...
Today, I am beyond excited and proud as my bold, beautiful, confident, empathetic, energetic, friendly first born turns FIVE!
I know that most parents say that having a child gave their life new meaning, clearer focus and the realisation that they needed to leave a legacy and Eden was the reason why we started the HR Consultancy and gave it her name, but there’s more.
This year on the day of her birth (and for the last week or so) has brought back so many emotions and revealed to me how far I’ve come both personally and professionally.
This is SO not the blog post that I had planned for today!
You see it took five years for my husband and I to have a pregnancy that ended successfully. Five years of waiting, and hoping, and excitement, then disappointment. We very nearly gave up trying.
For a while I couldn’t keep the faith and stopped seeing all the great things around me. My family, friends, career success … I could only focus on the one thing we didn’t have and I didn’t really share our struggle. To be honest I was not fun to be around.
So one day, when I was asked “How are you?” instead of my standard “fine”, I shared my pain and frustration with a wonderful wise woman, who arranged for a group of very wise women to listen and share with me.
I learnt about resilience. The importance of keeping positive, counting my blessings and not my letting disappointment stop me in my tracks. I learnt that either we can let the things that happen to us make or break us, or we can take life’s lessons, both negative and positive, and realise that it’s not the things that happen to us that makes the difference, but how we deal with them that determines our success.
And once, I started seeing things differently and stopped putting my life on hold, while waiting for the results of some fertility tests, we found out that we were pregnant with Eden.
I’m grateful for the lessons that I learnt through that period of my life because I wouldn’t have taken the step to start the business or overcome hurdles and persevered with building the business, had I not learnt to be resilient. Timing is everything!
So today, my first born is 5 and I am so grateful for the 10 years of lessons that she has taught me.
Are you loving on your Biggest Asset?
You invest so much time and money on recruiting excellent staff for your team. How do you ensure they have an awesome on-boarding experience, so that they feel engaged and motivated from the start ...
I don’t believe that any entrepreneur would deny that their team is their businesses biggest asset.
Even if you have an amazing product, without your team how would the world know about it?
There always comes a time in the growth of your business, where you come to the realisation that you need those with expertise that exceeds your own to boost the growth of your business. As it will enable you to focus on the areas that you are highly skilled in; but once you’ve found those amazingly skilled individuals, how do you keep them motivated and loyal?
We know that competitive remuneration is a must - after all, we’ve all got bills to pay! - no one who knows their worth is going to take a job paying less than the industry standard, but what else?
I want to look at starting well, by mastering the on-boarding process …
Throughout the recruitment process, we focus on creating an amazing candidate experience. It’s a two way selling process; we want the best person for our organisation and they want, well ... they want, what they want!
So once you’ve negotiated these waters, made an offer and had it accepted ... ask yourself “What’s Next?"
Often there is a gap of a month or more between getting that offer accepted and an individual starting with your organisation. So how do you keep them feeling warm and fuzzy, as well as helping them to settle in, once they do start?
Here are a few pointers:
Give them a Buddy
One of the best experiences of on-boarding that I had was being given a ‘Work Buddy’ before I’d started. I received weekly emails in the lead up to my joining date, was invited to payday Friday drinks before I was actually on payroll! Had someone to ask silly questions like where is the nearest sandwich place and is there a good place to get a lunchtime pedicure or how does my new boss like to be communicated with.
Day 1 Brilliance
Make sure their first day runs smoothly. I worked for one organisation, where on my first day the receptionist was waiting for me, my desk was prepared with my laptop, phone, note pad and other items and when I checked my emails, I had my induction meetings scheduled for the next few weeks (it included a trip to an international office). Everything was so smooth, I was able to hit the ground running and had access to all that I needed.
Induction Plan
So touching on Inductions, nothing is more frustrating than starting a role and having to find your way around an unfamiliar landscape unassisted. I remember starting a senior role with an organisation, and I didn’t even receive my laptop until three days in. I had deliverable's, but no way to deliver them! It was very frustrating and I felt like they were unprepared for me and had left me to fend for myself, with no support. Don’t worry I soon changed the starter process!
Having a detailed plan to introduce a new employee to key stakeholders, systems and processes cuts down on the time it takes to get a person up to speed, and allows you to get value from your new employee sooner.
Warmest Welcome
A welcome lunch on the first day/week is always good. Getting to know someone socially is always useful and it helps to build team rapport. I worked at one organisation where every month they had a welcome afternoon tea; you were tasked with speaking to at least three people you hadn’t spoken with before, it was a really good way to get to know people in different departments.
Implementing an on-boarding process is a great way to engage with staff before they even start and show them how valued they are as an addition to your team.