may seminar 2016
TRANSCRIPT
Cambridge HR In Business
Employer Branding amp
Gender Pay Gap
Established in 2003 Whitehill Pelham Ltd has been providing specialist recruitment services to businesses throughout the East of England for over 10 years
We know how important people are to a business Companies need their people to be engaged energetic enthusiastic creative competent skilled and committed ndash day in day out Our vision is to offer a comprehensive recruitment capability which assists our customers to build effective teams and to do so with the highest standard of client and candidate satisfaction
Company Structure
Whitehill Pelham Ltd has two distinct brands offering bespoke recruitment solutions-
Whitehill Pelham ndash permanent people from junior management to senior executives
talentdesk ndash temporary and permanent office support and administrative individuals
About Whitehill Pelham
How we work Working individually or as a part of a team our consultants pride themselves on learning as much as possible about their client companies the nature of their business their culture and the unique requirements of the vacancy which has to be filled We work best in a spirit of co-operation and partnership maintaining focus on the attraction of the best candidates and the successful filling of the vacancy Not all companies recruit in the same way We adjust our approach to suit the needs of each campaign respecting your established business processes helping to innovate where appropriate and at all stages of the recruitment process communicating to a pattern agreed with you and your colleagues Our aim is to ensure that your investment in recruitment is successful Through everything we do we seek to deliver value for our clients ensuring that processes are efficient turnaround times are kept to a minimum and our clients and candidates are kept informed at every stage of the process
What our Candidates and Clients say about us
It was a pleasure to work with Whitehill Pelham and their service was excellent They provided us with high calibre candidates and managed the whole selection process in a professional manner
Sally Ann Forsyth ndash CEO of Norwich Research Park
Following unsuccessful trials with other Recruitment Providers for this role Nabiilah and the team at talentdesk were very quickly able to find us a fantastic candidate for the role
Reuben Cadman ndash HR Administrator ndash Videojet
Our Results
Whitehill Pelham and talentdesk are committed to finding long term solutions for clients and candidates 94 of all candidates placed within the last two years remain happily in their employment Through a rigorous process of continuous improvement we are pleased to say this figure is rising year on year
For further information please call our office on 01223 828370 and visit our website wwwwhitehillpelhamcouk wwwtalentdeskcouk
About Cambridge Employment Law
Cambridge Employment Law LLP is a niche employment law practice specialising in the practical application of the law in the workplace Our highly-rated lawyers have years of experience advising on the full range of HR issues ndash including disputes in the Tribunal and High Court This means that we can get quickly to the key issues and can provide clear no-nonsense advice Whilst we limit ourselves to employment law and related issues our client base is not limited either geographically or by sector We work with individuals sole traders global brands and everything in between including start-ups established businesses public companies and not-for-profit organisations We are based near Cambridge but we have clients throughout the East of England London and the UK Many of our clients have international operations and we work with firms throughout the world to meet their international needs Key to giving our clients effective advice is a proper understanding of your culture and commercial aims We will invest the time required to understand your organisation ndash at our expense not yours
Typical areas on which we advise employers include bullDay-to-day HR issues such as disciplinaries grievances sickness absence parental rights and flexible working bullContracts and Handbooks ndash drafting reviewing and updating bullReorganisations including both individual and collective redundancies and TUPE bullChanges to or harmonisation of terms and conditions bullRestrictive covenants ndash drafting reviewing and enforcing bullDismissals bullCompromise agreements bullTribunal claims
We pride ourselves on giving an outstanding personal service to our clients Our size and the specialist nature of our practice mean that you will have a personal relationship with a lawyer who understands your business and cares about its success For further details please visit our website at wwwcambridgeemploymentlawcom
Cambridge HR In Business
820 Annie Gelinas
900 Break for Breakfast amp Networking
925 Oliver Pryke amp Eleanor Freeman
Employment Law Update
1050 Close
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Established in 2003 Whitehill Pelham Ltd has been providing specialist recruitment services to businesses throughout the East of England for over 10 years
We know how important people are to a business Companies need their people to be engaged energetic enthusiastic creative competent skilled and committed ndash day in day out Our vision is to offer a comprehensive recruitment capability which assists our customers to build effective teams and to do so with the highest standard of client and candidate satisfaction
Company Structure
Whitehill Pelham Ltd has two distinct brands offering bespoke recruitment solutions-
Whitehill Pelham ndash permanent people from junior management to senior executives
talentdesk ndash temporary and permanent office support and administrative individuals
About Whitehill Pelham
How we work Working individually or as a part of a team our consultants pride themselves on learning as much as possible about their client companies the nature of their business their culture and the unique requirements of the vacancy which has to be filled We work best in a spirit of co-operation and partnership maintaining focus on the attraction of the best candidates and the successful filling of the vacancy Not all companies recruit in the same way We adjust our approach to suit the needs of each campaign respecting your established business processes helping to innovate where appropriate and at all stages of the recruitment process communicating to a pattern agreed with you and your colleagues Our aim is to ensure that your investment in recruitment is successful Through everything we do we seek to deliver value for our clients ensuring that processes are efficient turnaround times are kept to a minimum and our clients and candidates are kept informed at every stage of the process
What our Candidates and Clients say about us
It was a pleasure to work with Whitehill Pelham and their service was excellent They provided us with high calibre candidates and managed the whole selection process in a professional manner
Sally Ann Forsyth ndash CEO of Norwich Research Park
Following unsuccessful trials with other Recruitment Providers for this role Nabiilah and the team at talentdesk were very quickly able to find us a fantastic candidate for the role
Reuben Cadman ndash HR Administrator ndash Videojet
Our Results
Whitehill Pelham and talentdesk are committed to finding long term solutions for clients and candidates 94 of all candidates placed within the last two years remain happily in their employment Through a rigorous process of continuous improvement we are pleased to say this figure is rising year on year
For further information please call our office on 01223 828370 and visit our website wwwwhitehillpelhamcouk wwwtalentdeskcouk
About Cambridge Employment Law
Cambridge Employment Law LLP is a niche employment law practice specialising in the practical application of the law in the workplace Our highly-rated lawyers have years of experience advising on the full range of HR issues ndash including disputes in the Tribunal and High Court This means that we can get quickly to the key issues and can provide clear no-nonsense advice Whilst we limit ourselves to employment law and related issues our client base is not limited either geographically or by sector We work with individuals sole traders global brands and everything in between including start-ups established businesses public companies and not-for-profit organisations We are based near Cambridge but we have clients throughout the East of England London and the UK Many of our clients have international operations and we work with firms throughout the world to meet their international needs Key to giving our clients effective advice is a proper understanding of your culture and commercial aims We will invest the time required to understand your organisation ndash at our expense not yours
Typical areas on which we advise employers include bullDay-to-day HR issues such as disciplinaries grievances sickness absence parental rights and flexible working bullContracts and Handbooks ndash drafting reviewing and updating bullReorganisations including both individual and collective redundancies and TUPE bullChanges to or harmonisation of terms and conditions bullRestrictive covenants ndash drafting reviewing and enforcing bullDismissals bullCompromise agreements bullTribunal claims
We pride ourselves on giving an outstanding personal service to our clients Our size and the specialist nature of our practice mean that you will have a personal relationship with a lawyer who understands your business and cares about its success For further details please visit our website at wwwcambridgeemploymentlawcom
Cambridge HR In Business
820 Annie Gelinas
900 Break for Breakfast amp Networking
925 Oliver Pryke amp Eleanor Freeman
Employment Law Update
1050 Close
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
How we work Working individually or as a part of a team our consultants pride themselves on learning as much as possible about their client companies the nature of their business their culture and the unique requirements of the vacancy which has to be filled We work best in a spirit of co-operation and partnership maintaining focus on the attraction of the best candidates and the successful filling of the vacancy Not all companies recruit in the same way We adjust our approach to suit the needs of each campaign respecting your established business processes helping to innovate where appropriate and at all stages of the recruitment process communicating to a pattern agreed with you and your colleagues Our aim is to ensure that your investment in recruitment is successful Through everything we do we seek to deliver value for our clients ensuring that processes are efficient turnaround times are kept to a minimum and our clients and candidates are kept informed at every stage of the process
What our Candidates and Clients say about us
It was a pleasure to work with Whitehill Pelham and their service was excellent They provided us with high calibre candidates and managed the whole selection process in a professional manner
Sally Ann Forsyth ndash CEO of Norwich Research Park
Following unsuccessful trials with other Recruitment Providers for this role Nabiilah and the team at talentdesk were very quickly able to find us a fantastic candidate for the role
Reuben Cadman ndash HR Administrator ndash Videojet
Our Results
Whitehill Pelham and talentdesk are committed to finding long term solutions for clients and candidates 94 of all candidates placed within the last two years remain happily in their employment Through a rigorous process of continuous improvement we are pleased to say this figure is rising year on year
For further information please call our office on 01223 828370 and visit our website wwwwhitehillpelhamcouk wwwtalentdeskcouk
About Cambridge Employment Law
Cambridge Employment Law LLP is a niche employment law practice specialising in the practical application of the law in the workplace Our highly-rated lawyers have years of experience advising on the full range of HR issues ndash including disputes in the Tribunal and High Court This means that we can get quickly to the key issues and can provide clear no-nonsense advice Whilst we limit ourselves to employment law and related issues our client base is not limited either geographically or by sector We work with individuals sole traders global brands and everything in between including start-ups established businesses public companies and not-for-profit organisations We are based near Cambridge but we have clients throughout the East of England London and the UK Many of our clients have international operations and we work with firms throughout the world to meet their international needs Key to giving our clients effective advice is a proper understanding of your culture and commercial aims We will invest the time required to understand your organisation ndash at our expense not yours
Typical areas on which we advise employers include bullDay-to-day HR issues such as disciplinaries grievances sickness absence parental rights and flexible working bullContracts and Handbooks ndash drafting reviewing and updating bullReorganisations including both individual and collective redundancies and TUPE bullChanges to or harmonisation of terms and conditions bullRestrictive covenants ndash drafting reviewing and enforcing bullDismissals bullCompromise agreements bullTribunal claims
We pride ourselves on giving an outstanding personal service to our clients Our size and the specialist nature of our practice mean that you will have a personal relationship with a lawyer who understands your business and cares about its success For further details please visit our website at wwwcambridgeemploymentlawcom
Cambridge HR In Business
820 Annie Gelinas
900 Break for Breakfast amp Networking
925 Oliver Pryke amp Eleanor Freeman
Employment Law Update
1050 Close
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
What our Candidates and Clients say about us
It was a pleasure to work with Whitehill Pelham and their service was excellent They provided us with high calibre candidates and managed the whole selection process in a professional manner
Sally Ann Forsyth ndash CEO of Norwich Research Park
Following unsuccessful trials with other Recruitment Providers for this role Nabiilah and the team at talentdesk were very quickly able to find us a fantastic candidate for the role
Reuben Cadman ndash HR Administrator ndash Videojet
Our Results
Whitehill Pelham and talentdesk are committed to finding long term solutions for clients and candidates 94 of all candidates placed within the last two years remain happily in their employment Through a rigorous process of continuous improvement we are pleased to say this figure is rising year on year
For further information please call our office on 01223 828370 and visit our website wwwwhitehillpelhamcouk wwwtalentdeskcouk
About Cambridge Employment Law
Cambridge Employment Law LLP is a niche employment law practice specialising in the practical application of the law in the workplace Our highly-rated lawyers have years of experience advising on the full range of HR issues ndash including disputes in the Tribunal and High Court This means that we can get quickly to the key issues and can provide clear no-nonsense advice Whilst we limit ourselves to employment law and related issues our client base is not limited either geographically or by sector We work with individuals sole traders global brands and everything in between including start-ups established businesses public companies and not-for-profit organisations We are based near Cambridge but we have clients throughout the East of England London and the UK Many of our clients have international operations and we work with firms throughout the world to meet their international needs Key to giving our clients effective advice is a proper understanding of your culture and commercial aims We will invest the time required to understand your organisation ndash at our expense not yours
Typical areas on which we advise employers include bullDay-to-day HR issues such as disciplinaries grievances sickness absence parental rights and flexible working bullContracts and Handbooks ndash drafting reviewing and updating bullReorganisations including both individual and collective redundancies and TUPE bullChanges to or harmonisation of terms and conditions bullRestrictive covenants ndash drafting reviewing and enforcing bullDismissals bullCompromise agreements bullTribunal claims
We pride ourselves on giving an outstanding personal service to our clients Our size and the specialist nature of our practice mean that you will have a personal relationship with a lawyer who understands your business and cares about its success For further details please visit our website at wwwcambridgeemploymentlawcom
Cambridge HR In Business
820 Annie Gelinas
900 Break for Breakfast amp Networking
925 Oliver Pryke amp Eleanor Freeman
Employment Law Update
1050 Close
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
About Cambridge Employment Law
Cambridge Employment Law LLP is a niche employment law practice specialising in the practical application of the law in the workplace Our highly-rated lawyers have years of experience advising on the full range of HR issues ndash including disputes in the Tribunal and High Court This means that we can get quickly to the key issues and can provide clear no-nonsense advice Whilst we limit ourselves to employment law and related issues our client base is not limited either geographically or by sector We work with individuals sole traders global brands and everything in between including start-ups established businesses public companies and not-for-profit organisations We are based near Cambridge but we have clients throughout the East of England London and the UK Many of our clients have international operations and we work with firms throughout the world to meet their international needs Key to giving our clients effective advice is a proper understanding of your culture and commercial aims We will invest the time required to understand your organisation ndash at our expense not yours
Typical areas on which we advise employers include bullDay-to-day HR issues such as disciplinaries grievances sickness absence parental rights and flexible working bullContracts and Handbooks ndash drafting reviewing and updating bullReorganisations including both individual and collective redundancies and TUPE bullChanges to or harmonisation of terms and conditions bullRestrictive covenants ndash drafting reviewing and enforcing bullDismissals bullCompromise agreements bullTribunal claims
We pride ourselves on giving an outstanding personal service to our clients Our size and the specialist nature of our practice mean that you will have a personal relationship with a lawyer who understands your business and cares about its success For further details please visit our website at wwwcambridgeemploymentlawcom
Cambridge HR In Business
820 Annie Gelinas
900 Break for Breakfast amp Networking
925 Oliver Pryke amp Eleanor Freeman
Employment Law Update
1050 Close
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Typical areas on which we advise employers include bullDay-to-day HR issues such as disciplinaries grievances sickness absence parental rights and flexible working bullContracts and Handbooks ndash drafting reviewing and updating bullReorganisations including both individual and collective redundancies and TUPE bullChanges to or harmonisation of terms and conditions bullRestrictive covenants ndash drafting reviewing and enforcing bullDismissals bullCompromise agreements bullTribunal claims
We pride ourselves on giving an outstanding personal service to our clients Our size and the specialist nature of our practice mean that you will have a personal relationship with a lawyer who understands your business and cares about its success For further details please visit our website at wwwcambridgeemploymentlawcom
Cambridge HR In Business
820 Annie Gelinas
900 Break for Breakfast amp Networking
925 Oliver Pryke amp Eleanor Freeman
Employment Law Update
1050 Close
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Cambridge HR In Business
820 Annie Gelinas
900 Break for Breakfast amp Networking
925 Oliver Pryke amp Eleanor Freeman
Employment Law Update
1050 Close
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Cambridge HR In Business
bull Slides available at
ndash slidesharenetwhitehillpelham
bull Please tweet and share your experience of this seminar
bull CambHRBiz
bull WIFI password trinitycollege2015
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Employer branding
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
If you think hiring professionals is expensive try hiring
amateurs
Anonymous
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Technology People Growth Connected Omobono is for business brands
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Our services and
products help
business brands
COMMUNICATE
amp CONNECT
WITH ALL KEY
AUDIENCE
GROUPS
TO DRIVE BRAND
PREFERENCE
across the
business
landscape
Prospect
s
Customers
Talent Employee
s
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Our clients
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
So why does brand matter in recruitment
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Times are changing
The state of the nations recruitment
1 Skills Shortage
Engineering digital industries
2 Talent Retention New Competition
China now predicted to be the dominant force in VR Financial Times 10 May 2016
3 Shifting Attitudes
New generations bringing new expectations to the workplace - both in terms of the ways they
work and collaborate and the ways they choose to interact)
4 Remote Working - Driven by expectation and fuelled by advances in technology - for example
mobile platforms allowing longer working hours and more flexible working but causing increased
accessibility and security challenges
5 Online Recruitment - LinkedIn and social media are now the locations of choice for many job
seekers Whilst the CV is not dead it is now a more active and interactive source of information -
both broader (history amp connections) and deeper (skills and opinions)
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
How can you differentiate yourself and make an impact in a
competitive recruitment market
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Why is your brand important
Right training Right tools
Right onboarding
The right candidates
stay with you (Talent
retention)
Empowered employees talk about
your brand to others
Find and attract the
right candidates
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
I donrsquot know you I donrsquot care about you
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Every opinion decision action and reaction can be broken
down into three specific needs
Recruitment is no different Hugh Billings ndash Senior Behaviourist
Omobono
A NEED TO
BE LOVED
A NEED TO
FEEL SAFE
A NEED TO
BE HEARD
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
copy Omobono Ltd 2015
So how do you define your brand
Implement Fuel Discover
Ensure your brand values and key
selling points are communicated
clearly both internally and externally
Review results tweak your tactics and
keep your brand fresh
Find out more about what you need to
do to attract and retain the best talent
in the industry
Audience
- Current employees
Leavers
- Potential candidates
- Competitors
- Offer rejected candidates
- Failed at interview feedback
Research Put your findings into action Keep optimising your brand
Audience
- Current employees
- Potential candidates
- Influential 3rd parties
Audience
- Current employees
- Potential candidates
- Local contacts
- Recruiters
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
copy Omobono Ltd 2015
Enough with the theory ndash Go-to-market strategy
Fuel Discover Implement
bull Define the critical roles
you are recruiting for
bull What do you need to
do to attract amp retain
the best talent
bull What are these
candidates looking
for
bull What are their future
requirements
Going to market by
refreshing existing
assets and deploying a
suite of activities to
support your brand
bull Is your website
reflective of your
brand Does it need
refreshing
bull How are you
communicating with
potential recruits
bull Channels refresh
bull Establish your
message
bull Build a culture
Company elevator pitch ndash Do all your employees know what you do
Promote employees stories in a way that attracts new recruits
Show the story ndash Videos Testimonials
Embrace (and understand) social media
Use your current employees (particularly recent ones) to learn more
How do you measure Test Learn and Optimise
Be proactive ndash Increase your audience understanding Go find them
bull What are your
strengthsmost
compelling
attributes
bull What are the
current
perceptions of
working within the
organisation
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
How we have helped other clients with their recruitment campaigns
The Shell messaging framework
The brief Support Shellrsquos graduate recruitment strategy by defining the key differentiators in each
region
The challenge Shell has various marketing teams across the world producing various marketing
materials each putting its own stamp and diluting the Shell brand
Need to implement consistency whilst respecting the cultural differences that make local
recruitment successful
The output A framework document highlighting
- The 5 key recruitment USPs (Basis for all communications)
- Suggested keywords to use in all messaging as well as example copy for various
deliverables
- Practical examples demonstrating how to tailor messaging based on roles location
and political culture
The result Brand guidance that allows for cultural differences forming the basis of all recruitment-
related communications
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Executive a What if we train people and they leave
Executive b What if we donrsquot and they stay
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Now yoursquove recruited the perfect candidatehellip What next
bull 40 of employees who leave their role voluntarily do so within the first 6 months (Source Inccom)
bull Finance isnrsquot necessarily a driving factor of employee movement Culture and opportunity for
progression plays a big role
bull AirBnB
bull Australia Flat hierarchy access to leadership work-life balance
bull Iraq Training opportunities to advance your career earning power
bull Employees approach new jobs with the belief that they can find something else if itrsquos not a great fit
bull A job is not for life maybe not even for Christmas
bull The onboarding process is key in terms of employee retention ndash employees need to be onboarded fully
bull Right tools
bull Right job
bull How efficient is your onboarding process
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
The onboarding culture
The Omobono interview app
The brief Omobono was approached by a B2B organisation to help them stand out from the competitors and attract the
best candidates by giving them a stand out experience of the recruitment process Omobono was asked to
develop an innovative solution to help candidates prepare for their interviews giving them a positive taste of
what it would be like to work for them
The solution
We developed the interview app a mobile app which is personalized for each candidate and gives them
comprehensive information
- Date and time
- Location (including a map directions and a photo of the building)
- Job details
LinkedIn integration Allows candidates to see their interviewersrsquo profiles and tips from the recruiter
Integrations with Google Maps and Foursquare Allow candidates to find the interview location as well as
nearby cafeacutes and restaurants
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
The onboarding culture
The results bull The Interview App launched in September 2013 and is already being used in 27 countries
by around 1500 candidates every week
bull Through a feedback section in the app candidates have given it an average rating of 485 out of 5
bull Net Promoter Scores from candidate experience surveys are up to 20 points higher for candidates
using the app
bull 3 awards BMA B2 Award MOMA and CIPD Recruitment Marketing Award
3 fundamental drivers of human behaviour
bull Feel safe (Remove uncertainty This is why Uber works)
bull Feel loved (Caring company)
bull Feel heard (I am in charge)
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Whorsquos responsibility is it to implement the brand
bull Marketing vs HR
bull For over 5 years we have tracked changes in
marketing and HR
bull Our 2015 What Works Where research shows that
bull Last year we found that companies that
collaborate when communicating enjoy a far
higher rate of engagement across the board
bull In addition there are so many channels being
used on a daily basis collaboration allows you to
communicate much more efficiently
bull Communications need to stem from
collaborative teamwork in order for a single
message to be remembered Nothing of impact
can be done independently by various
departments
bull Employer branding should start at the top and
permeate every level of the organisation Employees
need to feel like an active part of the company
bull This level of employee engagement doesnrsquot just
happen overnight
What Works Where
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Itrsquos not all about you
Why would someone want to work for you
The Heineken job interview
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Thank You
Annie Gelinas
Senior Project Manager Omobono
annieomobonocom
Tel 01223 307 700
Mobile 07715 069 753
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Cambridge HR In Business
Breakfast Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Employment Update Gender pay gap reporting
Whistleblowing
Oliver Pryke and Eleanor Freeman Cambridge Employment Law LLP
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Timetable
bull Draft regulations - Feb 2016
bull Final regulations ndashSummer 2016
bull Regulations in force ndash Oct 2016
bull Data snapshot ndash 30 April 2017
bull Annual report on gender pay gap information annually on or before 29 April 2018 onwards
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Information to be published bull The difference in mean pay between male and female employees
during the pay period falling on 30 April 2017 bull The difference in median pay between male and female employees
etc bull The difference in mean bonus pay between male and female
employees bull The proportion of male and female employees who received bonus
pay bull The number of male and female employees employed in quartile
pay bands A B C and D
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Contextual narrative
bull No requirement to provide contextual narrative
bull Employers may provide context or explanation on a voluntary basis
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Where is the information published
bull On employerrsquos website accessible to all employees and the public retained there for at least 3 years
bull Uploaded to Government website
bull Accompanied by written statement verifying accuracy of information signed by director partner member of governing body
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Consequences of non-compliance
bull No statutory civil or criminal penalties
bull Therefore risks are reputational eg ndash Government may publicise list of organisations known not to have complied
ndash Adverse publicity from Unions Equality Groups etc
bull In addition possibly a requirement to comply as part of tendering process
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
To whom do the regulations apply
bull Employers with greater than 250 employees
bull In group companies appears to be 250 per individual employing entity as opposed to 250 across the group
bull This may change in final regulations
bull Definition of employee is narrow ndash applies only to employees
and not workers again may be subject to change
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
What is pay bull Excluded
ndash Pay for a different pay period
ndash Overtime pay
ndash Expenses
ndash Salary sacrifice schemes
ndash Benefits in kind
ndash Redundancy pay
ndash Arrears of pay
ndash Tax credits
bull Included ndash Basic pay
ndash Paid leave
ndash Maternity pay
ndash Sick pay
ndash Area allowances
ndash Shift premium pay
ndash Bonus pay
ndash Other pay (eg car allowances on call allowances)
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
What is bonus pay
bull Payments received and earned in relation profit sharing productivity performance and other bonus or incentive pay piecework or commission
bull LTIPs
bull Cash equivalent value of shares on the date of payment
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Calculation of pay
bull Pay is calculated before deductions for PAYE NI pension student loan other voluntary deductions
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
What is the pay period
bull Pay is to be measured over a snapshot not as an average over a year
bull The pay period is ndash the period in respect of which the employer usually pays the
employee (ie monthly weekly etc) and
ndash within which 30 April falls
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Gross hourly rate of pay
bull Gross hourly rate of pay is used to measure the gender pay gap
bull Calculated by dividing the weekly pay (ie including all elements of pay) and dividing it by the weekly basic paid hours
bull No statutory guidance about an employee whose hours vary from week to week
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Points on calculations
bull Pay ndash Including maternity pay will widen the gap even more so for those
women who have used up their entitlement to SMP
ndash If this is the case an explanatory note might be helpful
bull Bonus pay ndash Only those employees who actually receive a bonus should be
included in the calculation
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Pay quartiles
bull A is lowest pay to first quartile
bull B first to second quartile
bull C second to third quartile
bull D third quartile to highest pay
bull It is not clear whether it is the pay that should be split in the quartiles or the total number of employees but it appears that it is the pay even though this may produce odd results
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Voluntary information
bull Suggested additional voluntary information includes ndash Causes of gender pay gaps
ndash Description of workforce involvement in addressing the pay gap issues
ndash Actions being taken
ndash How the organisation compares to similar organisations
ndash Results of staff surveys eg are there gender differences in responses in relation to employee satisfaction and discrimination
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
By April 2017 bull Employer must have systems in place to record
bull Total number of relevant employees
bull Gender of each relevant employee
bull The pay of each relevant employee in the pay period within which April 2017 falls
bull The number of weekly basic hours of each employee
bull The bonus pay of each employee within the 12 months to April 2017
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Preparatory steps
bull Will the Regulations apply
bull Who will collate analyse and sign off the data
bull Is all the information available
bull Should you do a trial run
bull Depending on the outcome of a trial run would additional voluntary information be helpful
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Whistleblowing
bull Protection for workers who make ldquoprotected disclosuresrdquo from
ndash Dismissal
ndash Selection for redundancy
ndash Any other detriment
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Protected disclosure bull A ldquoqualifying disclosurerdquo
ndash disclosure of information ndash Which the worker reasonably believes is made in the public
interest ndash Which the worker reasonably believes tends to show one or
more types of wrongdoing (Barton v Royal Borough of Greenwich)
bull A ldquoprotected disclosurerdquo ndash A qualifying disclosure ndash Made in one of the protected manners
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Public interest
bull Applies in respect of disclosures made on or after 25 June 2013
bull ldquoReasonable beliefrdquo
bull What is ldquopublicrdquo
ndash Chestertons v Nurmohamed
ndash Underwood v Wincanton plc
ndash Morgan v Royal Mencap Society
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Protected manner bull Made to the employer
bull The person responsible for the wrongdoing
bull To a third party as provided in the employerrsquos procedure
bull To the correct ldquoprescribed personrdquo (eg HSE Ofwat)
bull To a third party where reasonable to do so because ndash Exceptionally serious wrongdoing or
ndash Fear of detriment or
ndash Fear of concealment of evidence or
ndash Has already made the disclosure to the employer
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Good faith
bull No longer part of the test as to whether the disclosure is ldquoprotectedrdquo
bull Still relevant in assessing compensation
ndash Bad faith
ndash Compensation reduced by up to 25
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Who can claim bull No qualifying period of service bull Workers not just employees
ndash Contract of employment ndash Contract for personal services eg NED zero hours worker
contractor (even if providing services through a personal service company)
ndash Agency worker ndash Individuals doing work experience
bull Ex-workers
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
hellip and against whom
bull The employer
bull A co-worker
ndash Employer may be vicariously liable
ndash Defence if the employer can prove they took all reasonable steps to prevent the detrimental treatment
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Causation bull Worker must show
ndash That they made a protected disclosure ndash That they subsequently suffered a detriment ndash That the individual perpetrating the actomission knew of the protected
disclosure (Anastasiou v Western Union Payment Services)
bull Employer must show ndash The ground on which the act or omission causing the detriment was done ndash That the disclosure played no more than a trivial partdid not materially
influence the employer ndash Panayiotou v Kernaghan
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Remedies
bull Dismissal ndash automatically unfair
ndash Normal remedies for UD (compensation re-engagement reinstatement)
bull Detriment ndash Declaration
ndash ldquojust and equitablerdquo compensation (may include injury to feelings aggravated and exemplary damages)
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Code of Practice
bull Accessible policy which is actively promoted
bull Training workers (how to bring) and managers (how to deal)
bull Create an understanding that all staff should demonstrate they support and encourage whistleblowing
bull Organisational culture where workers feel safe making a disclosure
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Dealing with disclosures bull Facility for anonymous reporting
bull Provide support and reassurance to the worker
bull Investigatory meeting with worker (provide minutes allow a companion)
bull Manage the workerrsquos expectations actionfeedback timescales
bull Document decisions or action taken
bull Record the number of disclosures and their nature
bull Maintain records of the date and content of feedback provided
bull Regular surveys to ascertain the satisfaction of whistleblowers
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Whistleblowing policy
BIS Guidance
bull wwwgovukgovernmentuploadssystemuploadsattachment_datafile415175bis-15-200-whistleblowing-guidance-for-employers-and-code-of-practicepdf
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
eleanorfreemancambridgeemploymentlawcom 01223 65695207834 362283
oliverprykecambridgeemploymentlawcom 01223 65695407990 975329
wwwcambridgeemploymentlawcom
Thank you for attending
Cambridge HR In Business
Seminar
Thank you for attending
Cambridge HR In Business
Seminar