employee relations Archives

Faster than a speeding stenographer. More powerful than aromas from the cafeteria microwave. Able to solve employee problems in a single day. 

Look over in that cubicle! It's a salesman! It's an administrator! It's...an HR professional?

Believe it or not, in HR, we all have the opportunity to be heroes in the workplace. We can be heroes to the employees who come to us with problems. We can be heroes to in-house or outside counsel when it comes to defending the employer against wrongful termination or discrimination claims. We can even be heroes to upper management when we identify wasteful or problematic business practices. 

But in order to be heroes, we must develop certain skills. Superpowers, if you will. And luckily enough, developing those skills doesn't require a tryst with a radioactive spider, decades of training in ninjitsu or a stroll through the nearest intrinsic field subtractor.  

Important decisions from the courts and tribunals this month covered collective consultation in a redundancy or TUPE situation, and disability. Below we highlight three important lessons for employers who are dealing with these matters.

The recent firing of Rutgers University basketball coach Mike Rice, but only after a video surfaced of him physically hitting players and hurling repeated homophobic epithets at them, is a virtual primer of what NOT to do from an employment law perspective. Among other things, the university's lack of transparency in handling the incident and its alleged treatment of the former employee who blew the whistle also especially stand out.

In a series of posts this week, the XpertHR team will share lessons to learn from the scandal while also examining where the university fell short. We begin with the coach's bullying behavior.

Supervisor Bullying

The Rutgers scandal highlights the detrimental and domino effect bullying can have if employers fail to address incidents in a timely and effective manner. 

As we celebrate Women's History Month in March, we recognize that 2013 marks the 50th anniversary of Betty Friedan's life changing book The Feminine Mystique which ignited the women's liberation movement and caused immense social and political change on all levels. Today, women can be seen in every facet of the workforce and hold positions as truck drivers, mail carriers and university presidents.  In recent years, we've also seen a female Secretary of State, Secretary of Defense and Speaker of the House in the US Congress.

However, a recent article in The Atlantic states that while the US workforce radically changed from the 1970s to 1990s and women entered the labor force in droves, the latest research shows the rest of the world has shot ahead and far surpassed the US when it comes to women in the workforce. The article questions whether the US is "falling behind on women in the workplace?" 

Currently, the US ranks 17th for women's workforce participation among 22 developed nations. Cornell University economists suggest this is not by accident. They suggest the US has not kept pace because significantly more family-friendly policies have been adopted elsewhere which make it easier for women to work part time and take time off after childbirth to care for young children. 

Challenge for Employers

It seems that the challenge for employers is in striking a balance between enacting family-friendly policies that will encourage talented women to stay in the workforce while minimizing the risk of sex discrimination and unlawful stereotyping of women as solely wives and mothers who must attend to caregiving responsibilities. 

Supreme Court Justice Sonia Sotamayor, only the third woman on the Court and the first Hispanic American woman, recently questioned whether if she had chosen to have a family, she could have advanced in the manner that she did. Facebook COO Cheryl Sandberg reviews women's progress in leadership roles in her new book, Lean In: Women, Work and the Will to Lead, and encourages working women, especially mothers, to "lean in" and assert themselves in the workplace with the hope of achieving a balance between professional achievement and personal fulfillment.

However, the fact remains that employers must do everything they can to recruit and retain talented women and mothers, promote family-friendly policies and minimize liability for family responsibility discrimination and sex discrimination.

Employers Should Understand What Family Responsibility Discrimination Entails

Family responsibility discrimination (FRD) or caregiver discrimination is an umbrella term for different types of discrimination. In general, it occurs when employers treat employees or job applicants differently because of their caregiving responsibilities for young children, elderly parents, or partners or spouses.

No federal law explicitly prohibits FRD, but individuals can find protection under Title VII of the Civil Rights Act's ban on sex discrimination, the Pregnancy Discrimination Act (PDA), the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and the Equal Pay Act (EPA).  While men can also be subject to FRD, more women are victims. Examples of this type of discrimination include:

• Denying female employees with young children the same opportunities and compensation as male employees with young children; 
• Reassigning a new mother to less desirable tasks based on the assumption that she will be less committed to her job; 
• Retaliating against employees for seeking leave under the FMLA or taking time off to handle caregiving responsibilities; and
• Giving female employees lower subjective ratings after they take on caregiving responsibilities, without any actual decline in job performance.

What Employers Can Do

As a result, employers must be proactive and minimize the risk of engaging in family responsibility discrimination by taking the following affirmative steps:

• Implement and enforce practices that prohibit discrimination and harassment based on the family and caregiving responsibilities of employees such as discrimination and FMLA policies;
• Provide regular training sessions to all employees and supervisors so they know how to identify FRD in the workplace and work to create an atmosphere of tolerance and sensitivity with regard to caregiving responsibilities;
• Take all complaints of FRD seriously and respond immediately with a prompt investigation and if necessary, remedial measures; 
• Understand federal, state and local laws requiring employers to provide time off from work for caregiving responsibilities such as FMLA, school visitation leave, etc.;
• Reasonably accommodate employees' requests for leave, time-off or altered schedules which will allow them to balance work and family obligations; 
• Avoid negatively stereotyping employees and applicants with caregiving responsibilities and focus on qualifications and merit;
• Make sure policies and practices with regard to compensation and performance evaluations do not discriminate against employees based on caregiving responsibilities or discriminate based on sex;
• Consider flexible work arrangements such as telecommuting, job sharing, and permitting employees to work part time or flex schedules; and
• Provide family friendly incentives such as backup childcare and social work services.

Share Your Perspective

What types of measures have you instituted in your workplace to minimize family responsibility discrimination and promote women and mothers with caretaking responsibilities? We would love to hear your thoughts. Please get in touch via the comments box below or via BethZoller1 (twitter).

Yahoo announced on February 25 that it is abolishing its work-at-home policy and requiring all telecommuters to work in the office. The e-commerce company Zappos also has revoked a policy that allowed certain individuals to work remotely. The stated rationale of both--to create a "more collaborative culture."

In other news:

• Ford will reintroduce the Model T Station Wagon;
• The US Postal Service says it will deliver mail by horse and buggy to boost human and animal collaboration;
• The All-England Club issued a memo stating that all players must use wooden rackets at this year's Wimbledon; and
• The Supreme Court may scale back the landmark Voting Rights Act, which was a centerpiece of the civil rights movement.

O.K. that last one might actually happen, but you get the point. The idea of a world where telecommuting is completely verboten seems nothing short of antiquated. Then, throw in the fact that Yahoo's very essence derives from the Internet age and this new policy seems even more bizarre.

Will Employees Exit Stage Left?

The company's policy change appears to be the brainchild of its new CEO Marissa Mayer. The goal is to boost personal interaction. But the result for Yahoo and Zappos may well be to boost the number of employees heading for the door.

A number of studies have shown that allowing the telecommuting option not only increases employee morale but also productivity. One of our top Legal Editors here at XpertHR works from home full-time. He lives four hours away but remains fully reachable to team members. Having a flexible policy enabled us to keep him in the fold producing for us rather than someone else.

Surely, this news is not of the "man bites dog" variety to seasoned HR professionals. Many workers with much shorter commutes than that work from home one day a week or more to better meet familial obligations or other reasons. There are benefits to be sure of personal interaction, and certain positions may need to be office based. But staff morale also matters.

The Bureau of Labor Statistics reports that 63 percent of US employers in 2012 said they permitted employees to work remotely. And many of those that don't fall into categories where such arrangements are not as feasible. So Yahoo's move clearly goes against the grain.

Not surprisingly, even workers outside of Yahoo are taking umbrage with the company's no-work-at-home policy. Business titans are weighing in too. Virgin Group's Richard Branson has registered his opposition, and spoken of "trusting people to get their work done wherever they are." But Donald Trump has firmly backed Mayer's strong stance to have all employees physically present in the office.

What's your view? Are you on the side of Sir Richard and myself that getting rid of these policies turns back the clock to a less-worker friendly time. Or do The Donald and Yahoo have it right? 

I'd love to hear from you. Please do get in touch either by leaving a comment below or via Twitter.

In its Children and Families Bill, published on 5 February 2013, the Government committed to extending the right to flexible working for all employees. Take part in our XpertHR survey on flexible working to find out what impact employers think this legislative change will have on their organisations.

The Government's Bill removes the requirement for the employee to be a carer to qualify for the right to make a request; replaces the requirement for the employer to deal with the request in accordance with the statutory procedure with a requirement to "deal with the application in a reasonable manner"; and requires the employer to notify the employee of its decision within a "decision period" of three months of the application (or longer if this is agreed). 

Our survey will also provide valuable benchmarking information on key issues around flexible working, including how employers deal with employee requests, take up of flexible working arrangements and the benefits and challenges of operating a flexible working policy. 

With Valentine's Day approaching, many couples around the globe will celebrate with wine and roses. However, it seems as if each month there is a new story in the headlines about relationships in the workplace gone sour.
 
Last month, we learned that Keith Rabois, the Chief Operating Officer of Square (an online payments startup) who previously held executive positions at LinkedIn and PayPal, was resigning after a Square employee claimed that Rabois sexually harassed him, and the company failed to take any corrective action to stop the harassment. Rabois explained that he had a physical and welcome relationship with the man who he then helped obtain a position at Square where they continued their relationship in secret until the company was hit with this lawsuit. In response, the company said Rabois had "exercised poor judgment that ultimately undermined his ability to remain an effective leader at Square."

Meanwhile, Bev Kearney, the University of Texas (UT) women's track and field coach and one of the most well known women's track coaches in the country, resigned from her position last month after acknowledging a romantic relationship with one of her athletes that began in 2002.  Although the relationship was an "intimate, consensual one," both Kearney and the UT Legal Affairs Department acknowledged that it was "poor judgment" on Kearney's part because it was unprofessional and  betrayed the trust placed in a head coach as well as the best interests of the students and the University.

What's So Wrong With Workplace Romance

These cases shine a spotlight on the problems with having relationships in the workplace. Although there are no federal or state laws prohibiting relationships in the workplace, both Title VII of the Civil Rights Act and similar state and local laws explicitly prohibit harassment and discrimination.

Workplace relationships gone wrong can sometimes result in sexual harassment or discrimination lawsuits.  For example, after the relationship ends, the supervisor's now jilted lover could claim that the relationship was not consensual and that he or she was sexually harassed by the supervisor. In such a situation, as is the case with Keith Rabois, the company may often end up paying hefty legal bills to defend against the harassment claims.

Similarly, a rejected lover could for example claim that the supervisor retaliated against him or her with a poor performance review and undesirable work assignments after the relationship ended. Further, other employees could claim that the former couple now displays inappropriate workplace behavior such as shouting and fighting which could lead to an uncomfortable and hostile work environment. 

Even if an employee's relationship with a supervisor is successful, the supervisor and the employer still may face a discrimination lawsuit. Other employees could claim unfair treatment if the supervisor inappropriately favored the employee he or she was romantically involved with by accepting subpar work from them or giving them more preferred projects. Further, an employee could claim that he or she found the public displays of affection and romantic behavior between the supervisor and his paramour to be distracting and unprofessional workplace behavior. 

Tips for Employers

To minimize employer liability when it comes to workplace dating and romantic relationships, employers should do the following:

• Consider implementing an employee dating and personal relationships policy that will either prohibit dating all together or adopt a policy that sets parameters and guidelines with respect to workplace relationships. 
• Evaluate whether a love contract is needed when two employees are involved romantically. A love contract is an agreement that employers may ask employees who are involved in a romantic or sexual relationship to sign stating that the relationship is voluntary and consensual and that the parties are aware of the employer's sexual harassment policy and no retaliation policy in the event the relationship ends.  It also provides rules for appropriate workplace behavior.
• Adopt a conflicts of interest policy that will be communicated to all employees and that employees and supervisors will be expected to follow. This policy will put employees and superiors on notice that they will be obligated to disclose any actual or potential conflict of interest that would adversely affect their judgment, objectivity or loyalty to the employer or to their work.
• Provide training on discrimination, retaliation and harassment to all supervisors and employees. 
• Establish a multichannel complaint system and a way for employees to bring complaints of discrimination and harassment.
• In order to minimize liability, employers must immediately respond to any complaints of discrimination, harassment or retaliation and show that they take them seriously.

By taking these steps, employers can better protect their interests in maintaining a fair and professional workplace and decreasing the chance of a discrimination, retaliation or harassment suit resulting from romantic relationships at work.

As the US prepares to honor Martin Luther King Jr.'s birthday, it is a fitting tribute that this year's holiday falls on the same day as President Barack Obama's second inauguration.

With this summer marking the 50th anniversary of the famous March on Washington and Dr. King's "I Have a Dream" speech, there is no doubt that as a nation we have made substantial strides with regard to racial equality and equality for all groups.

 
Racial discrimination still exists in 2013

Dr. King's principled stands helped light the spark that led to Title VII of the Civil Rights Act being enacted in 1964. Title VII aims to eradicate discrimination based on race (as well as other protected categories) and provides all individuals with equal opportunities regardless of color.

However, there is no question discrimination still exists in today's society and the workplace. Based on recent figures released by the Equal Employment Opportunity Commission (EEOC), complaints of race discrimination have risen over the last 10 years, up from 28,912 in 2001 to 35,395 in 2011.

Ah, the holiday season: 'tis the most wonderful season, for some: for others, though, not so much.

Yes, this article is about depression. And if you have read any of my other blogs (if you haven't, please feel free to go back and do so), then you might not want to call me the bringer of good cheer: last month I wrote about employee theft during the holiday shopping season, the month before about bullying.

I like to think of myself as your designated problem-solver. I'm pointing out problems so you can solve them before they ruin your holiday festivities.

This month's problem: depression, loneliness and possibly even suicide could affect some of your employees this winter.

Seasonal Affective Disorder

One thing to note from the beginning, while increased depression and suicide rates might seem to be correlated to the holiday season, some studies say there is no link. Instead, it is winter itself, and not the holiday joy of everyone around them, that makes some people feel, well, depressed.  

In fact, the Center for Disease Control has conducted studies that show suicide actually is highest in the spring, though it cannot tell you why. However, a possible suggestion for this phenomenon could still go back to seasonal affective disorder, which is the name given to winter-linked depression. 

When spring arrives, individuals with seasonal affective disorder tend to return to their old, happy selves. But many of those with year-long depression are stuck with the burden of their condition.

But why would winter get people down to begin with? There are several reasons that this might occur:

• Days are shorter and darker (light or the lack thereof is linked to energy levels, fatigue, hunger, mood, and many other aspects affecting depression);
• It's colder and drearier (depending on where you live), which can result in cabin fever;
• The lack of sunlight can cause drops in serotonin levels;
• The change in seasons can affect your circadian rhythm, i.e., your sleep cycle.

Help!

If depression increases in the winter, and suicide increases at the end of winter, now might just be the time for you the employer to step in and do something about it.

How?

• Have an Employee Assistance Program? Advertise it! Send out email reminders about the program and explain how it can help. Hang up a poster or memo on the bulletin board. (You might want to mention any confidentiality components of the program as well).
• Educate. Make a point to send employees information on depression (especially seasonal affective disorder) and suicide. Teach them the signs, causes, and statistics so that they know they are not alone. Tell them how they can get help (maybe through that EAP discussed above).
• Beat stress. Though this is something that can, and should, be done all year long, come up with some extra ways to decrease stress during this season. Maybe have a winter party, stop holding 8 o'clock meetings, or refrain from giving one person the workload of four people (or discuss these options with managers and supervisors). 
• Show encouragement and appreciation for a job well done.

In Conclusion...

Happy, healthy (whether mentally or physically) employees make happy, healthy workplaces (and workplaces with lower healthcare costs and higher productivity).

You might not be able to solve winter depression for every employee, but you can help some of them - which should make your winter days that much more sunny!

XpertHR has explored the impact of bullying and harassment on employers and found that it has affected eight in ten organisations in the past two years.

Manager-staff relationships have been affected at 69% of these employers (21% reported a major impact on this). Both staff morale and teamworking were impacted at 59%.

Other key findings of the research (subscription required) include:

Bullying and harassment are most likely to manifest as undermining behaviour (at 54%) - for instance, employees may complain that they are continually given too much work, or criticised in a manner that is designed to undermine their confidence.

Line managers are the most likely perpetrators (at 50%), but co-workers were accused of bullying or harassment at 46% of employers, and senior managers at one in five (22%).

Where organisations fail to be effective in tackling bullying and harassment, this is most likely to be due to: a lack of trust among employees in the bullying reporting and investigatory processes; poor examples set by senior leaders; lack of line manager training; no clear policy; or poor awareness of the issue.

Factors most likely to help resolve bullying and harassment cases are: mediation using trained mediators; awareness campaigns; development of communication skills; and early intervention by the employer.

Holiday shopping: it can be stressful, expensive, and downright awful. The lines are longer, patience is thinner, and wallets are lighter.

What is supposed to be the time of year for Christmas, Hanukkah, Kwanzaa, or [Fill in Your Holiday/Vacation Away From Holidays Here] Cheer can instead be the perfect storm for fights and temper tantrums.

In the business context, the holiday shopping season, especially that seasoned shopper's best friend, Black Friday, can be the breeding ground for mega losses in the form of theft.

In 2011, businesses were robbed of around $1.8 BILLION (yes that is supposed to be a B) in supplies and merchandise around the holiday season alone.

Some studies suggest that the majority of holiday thefts are committed by employees. 

Being able to spot the signs of employee theft and having plans in place to stop it can save you a lot of money this holiday season, which might just make your holiday a whole lot merrier!

Why might an employee steal?

So why might an employee steal?

Even the more ethical employees might make stupid decisions around this time of year for a variety of reasons. These include:

• Economic hard times reducing job security and levels of expendable cash.
• Long lines and lack of funds leading to heightened emotions and stress, which can cause people to act in ways contrary to their usual personality.
• The desire, but lack of ability, to provide friends and family with the gifts they most want can make theft more appealing.

Which employee groups might be most likely to steal?

While it is possible that anybody might steal something if the temptation becomes high enough, most employees are probably not going to be thieves.

Employees with steady, predictable jobs (who want to keep those steady, predictable jobs) are less likely to risk their future by stealing from their employer.

In addition, an established relationship between employer and employee can create a sense of loyalty that the employee is less willing to break.

The holidays, however, can bring a slew of seasonal workers. Tenuous job stability and the temporary nature of seasonal work contribute to a decreased sense of loyalty compared to that of full-time employees.

So while the majority of seasonal employees are trustworthy, a lot of the employee theft that occurs during this season will likely come from this group.

What are the signs of possible employee theft?

There are many signs employers can look for when it comes to spotting employee theft.
Signs range from the obvious (like catching an employee red-handed) to the more circumstantial (like seeing an increase of spending that does not correlate to the employee's paycheck).

Other signs of possible employee theft include:

• Missing merchandise.
• Cash registers that do not balance.
• Shady or unusual employee behavior.
• Unexpectedly low sales numbers.
• Family and friends of employees who shop with the employer and only use the known employee's register (this could point to "sliding theft", where the employee slides the merchandise, but does not actually scan it at the register).

How can I potentially stop employee theft?

There are numerous things employers can do to prevent or minimize employee theft all year long.

You might also want to consider bulking up your holiday security procedures in the following ways to deal with the increased risk:

• Be thorough when hiring seasonal staff. Conduct in-depth interviews, perform background checks and check references to make sure you hire only the best.
• If possible, give any intended annual bonuses at this time of year: more expendable income means less risk of theft.
• Install surveillance cameras in areas most susceptible to theft (such as supply stations, warehouses and retail floors).
• Offer an anonymous employee hotline and/or reward.
• Educate employees on what constitutes theft and the penalties if caught.
• Hire security guards or train current managers to help spot theft.
• Set up checks and balances to make sure no employee is around money, supplies, or financial records on their own. 

Read more on XpertHR.

And finally...

Have a holly, jolly holiday shopping season this year!

Even Lady GaGa has weighed in on it, so you know it must be an important issue. And it is hard to not see the YouTube videos of kids with their index cards, even when you don't follow YouTube trends. If you somehow missed it from one of those ways, though, you probably saw something about it on your favorite crime stopper TV show.

What am I talking about?

Bullying.

It's everywhere, and the workplace is not an exception.

When I think of workplace bullying, I remember an episode of Will and Grace where Will Truman's high school bully started working in the same law firm as Will and quickly began making Will "Woman" do his work for him. In turn, Will began faking sick and staying home from work just to avoid the issue until Jack made him stand up for his rights.

As is the case in all half-hour sitcoms, there was a humorous, tidy ending to the whole problem.

If only our real workplace bullying concerns could be wrapped up just as easily.

What Is Workplace Bullying?

Workplace bullying occurs when an employee, often times (but not always) a boss, uses his or her power, whether that power is gained through a higher position in the workplace or through actual strength, to intimidate another employee.

It can be done through making vindictive or condescending comments, embarrassing or humiliating the other employee or employees in front of their peers, or any other unethical mean that makes the employee feel reasonably uncomfortable in the work setting.

Is Workplace Bullying Really a Problem?

According to the Workplace Bullying Institute, 35% of the US workforce say they have been bullied, and that equates to over 50 million workers.

Still, though, there are no current laws that ban workplace bullying, unless the bullying is the result of the victim's membership to a protected class.

In other words, it is not illegal to bully someone just because you do not like them.

While many states are considering a Healthy Workplace Bill that would address these issues, right now it is up to you as the employer to stop this harmful trend.

There are many reasons you should want to do this as well, even outside of basic humanitarian reasons:

• Stop violence. Stopping this harmful behavior before it reaches potentially devastating levels is the best approach.
• Create a positive work environment. Employees who feel safe, and even valued, at work are employees who are going to do their best for their employer. Not only this, but there will be fewer absences of scared employees not willing to face their daily tormenters.
• Weed out the bad seeds. Bullying tendencies in and of themselves should be avoided at all costs, but an employee who is a bully might also tend to have other unsavory characteristics that you want to keep out of your workplace. Getting rid of the mean employee or offering training to help eliminate the bad traits can clear your workplace of more than just bullying.
• Reduce liability. Even though bullying is not illegal, it can lead to other claims that could create liability for the employer, such as harassment or hostile work environments.

Stopping Workplace Bullying

October is National Bully Prevention Month, and this week (October 14 through October 20) is Freedom from Workplace Bullying week. To help recognize this week, take a moment and examine what your workplace is doing to help stop bullying.

There are many things that you as the employer can do to stop bullying in your workplace and one is to support the Healthy Workplace Bill if there is one being considered in your state. In addition, look at your current safeguards. Do you have any or all of the following?

• An anti-bullying policy?
• Training for all levels in topics such as tolerance, ethics and correct workplace behaviors?
• A reporting method that is both well publicized and offers anonymity?
• A discipline procedure that is both effective and consistently used?

These are just a few of the ways you can stop bullying from terrorizing your workplace.

If you want to learn more about this important topic, XpertHR can help.

New XpertHR research finds that most employers forecast an increase in the number of employment tribunal claims following the April increase in the unfair dismissal qualifying period from one to two years. More than half (51.2%) of those responding predict that the overall number of claims will increase because the amount of claims under other headings for which there is no service requirement (for example, discrimination) will increase.

Around one respondent in six (17.2%) believes that the number of claims brought under automatically unfair grounds will increase. Just one in five (21.9%) believe the number of claims will decrease. If this forecast is borne out, the Government's legislative change - designed to help reduce the number of employment tribunal claims - could prove to be counter-productive.

Despite the rhetoric that surrounds any TUC conference, most trade unions no longer see industrial action as a first response.  Their members wouldn't wear it.  They want dialogue and involvement and transparency from public and private sector employers. [...] I [..]  want to involve trade unions in decision making, look to the long-term and ask for their ideas and to work constructively on some passing issues.

These estimates measure disputes (ie, strikes) connected with terms and conditions of employment. In July 2012, there were 9,000 working days lost from 17 stoppages. In the twelve months to July 2012, there were 1.24 million working days lost from 129 stoppages.

In the twelve months to May 2012 there were 1.48 million working days lost due to labour disputes, the highest figure since the twelve months to January 1991. Most of the working days lost in the twelve months to May 2012 were due to strikes in connection with a dispute over proposed changes to pensions for some public sector workers.

In 2011, still in the midst of a recessionary period, and following a series of pay freezes and redundancies with rising unemployment, the economy lost 1.4 million working days due to industrial action. In 1974 it was more than 14 million days spread across the economy with a major impact on all key sectors. More than 10 times greater.

In 2011, 1,389,700 working days were lost in the UK from 149 stoppages of work arising from labour disputes. The days lost figure is the highest since 1990 (1,903,000) while the stoppages figure is the highest since 2006 (158). The number of strikes in the public sector in 2011 is almost double that in 2010, with 88 in 2011 compared with 47 in 2010. There were 61 strikes in the private sector in 2011.

• Pay is once again a key issue in labour disputes. "[P]ay disputes are again at the forefront of industrial action" as a direct result of "large strikes in the public sector in 2011," says ONS. "In 2011, 95% of working days lost were due to disputes over pay, with pay also accounting for 48% of all stoppages. A further 36% of stoppages came from disputes over possible redundancies."
  
• Strikes are getting shorter. In 2011, "the majority of stoppages (54 per cent) lasted just one day, involved 1,471,700 workers and accounted for 93 per cent of the total working days lost," says ONS.
• Levels of strike action are well below those seen in the 1980s. ONS notes that the total number of working days lost to labour disputes is "considerably higher" than the averages recorded each year in the 2000s. However, "the 2011 figure is considerably lower than the average for the 1980s (7.2 million) as well as previous decades, when industrial action was more common."

These findings are in stark contrast to ONS' analysis of labour dispute data for 2010, which found that the number of stoppages hit a "record low" in 2010.

Trade union membership has fallen below six million for the first time since the 1940s. There are now 5.98 million members of TUC-affiliated unions, which is fewer than half the number just 30 years ago. The TUC blames the fall on job cuts in the public sector. [...] According to TUC figures, union membership peaked in 1980 at 12.2million.

• Trade union membership levels are in long-term decline, according to BIS data: "Around 6.4 million employees in the UK were trade union members in 2011, down by 143,000 from 2010. This was the fourth consecutive annual fall of similar magnitude, following a period of broad stability in trade union membership levels between 1995 (when the Labour Force Survey series for the UK began) and 2007."
• However, BIS notes that union membership levels in the private sector "rose slightly" in 2011.

Dwindling membership means UK trade unions are 'relatively impotent'

Economist John Philpott comments that falling membership levels mean the unions are "relatively impotent, even though those who know and welcome this still like to talk up the threat of union militancy whenever politically convenient to do so."

• This month sees a TUC-organised mass demonstration in central London (on Saturday 20 October 2012). Incoming TUC General Secretary Frances O'Grady predicts a significant turn-out: "Our demonstration on 20 October will bring hundreds of thousands on to London streets once again to show the depth of opposition."
• A wave of concerted strike action is expected to begin in early 2013, following discussions at last month's Trades Union Congress in Brighton.
• Unions also voted at the Trades Union Congress in Brighton to consider the "practicalities" of staging a General Strike. The last General Strike in the UK was in 1926.
  

• State of the unions (1): What's on the union agenda for 2012 and beyond?
  As autumn 2012 gets underway, the UK's trade unions are expected to confront the Coalition Government on multiple fronts in 2012 and beyond, including pay and pensions. It is also possible that the unions will set their sights on the Coalition Government's programme of radical employment law reform. A schedule of trade union activism is taking shape for the coming year.
• State of the unions (2): Union membership is in long-term decline 
  The public appetite for trade union membership could be in decline, latest data suggest.
• State of the unions (3): Labour disputes show strong resurgence as austerity bites 
  While trade union membership would appear to be in decline, there has been something of a resurgence in labour disputes, in direct response to public spending cuts. Last year saw the highest number of working days lost to labour disputes in more than two decades. This trend was driven by a renewed militancy in the public sector.
• State of the unions (4): Upsurge in labour disputes continues in 2012
  Latest data on labour disputes in 2012 suggests that the resurgence in activity seen in 2011 is continuing this year. But despite this upward trend over recent years, levels of labour disputes remain low by historical standards.
• State of the unions (5): Appetite for co-operation?
  Is the unions' appetite for industrial action being replaced by an appetite for co-operation?
  

Cable's aides were anxious not to sound triumphalist in rejecting the central plank of the Beecroft report, stressing that 80% of his recommendations had been adopted or were now subject to consultation. Tory ministers and the Institute of Directors were also content with the outcome.

• mass demonstrations;
• possible co-ordinated strike action;
• suggestions that the Coalition Government is deliberately increasing unemployment; and
• calls for a major increase to the national minimum wage.

The TUC's new slogan 'a future that works' sets a profound challenge. Austerity and rapid deficit reduction is failing in its own terms, but even at its best it is short-sighted, muddle-through politics with no vision of a new economic model.

There was certainly a strong view in the 1980s, not just amongst trade unions, but also amongst a number of intellectuals and commentators, that unemployment was being used as a deliberate measure to keep pay down, and to keep people scared. As long as the No 1 worry for people, keeping them up at nights, is whether they're going to have a job in the morning, then they are less likely to resist unfair changes, or unfair treatment, or cuts in real pay at work.

Our demonstration on 20 October will bring hundreds of thousands on to London streets once again to show the depth of opposition.

British workers are now suffering the biggest decline in their living standards in generations. There has been a huge growth in vulnerable and insecure employment. Joblessness is not as high as many of us feared, but the number of workers in involuntary part-time employment, casual work or precarious self-employment is at record levels.

Has your organisation ever faced an employment tribunal? Does the potential cost and resource make you think it is better to settle a claim before it reaches a hearing, even if you have a strong case? This XpertHR survey will investigate employer practice in handling employment tribunals and provide you with valuable benchmarking data.

A recent press notice by law firm EMW said that the employment tribunal system backlog is heading towards breaking point, with cases having almost quadrupled from 144,900 cases in 2007 to 530,400 at the end of 2011. The Government has announced plans to reform the system, including proposals to require all potential tribunal claims to be submitted for conciliation to Acas (the Advisory, Conciliation and Arbitration Service) first. However, EMW is concerned that this would merely move the problem from one part of the system to another. As Employment Principal Louise Holder comments: "Moving where the caseload falls won't help matters: it just moves the bottleneck from one poorly-equipped part of the system to another. Acas already has a backlog of its own, which a wave of new cases will only add to."

Completing this brief, confidential survey will entitle you to a:

• free copy of the report of our findings on Employment Tribunals, as soon as it is published; and
• free copy of the XpertHR guide on Employment Tribunals, as soon as you have completed the questionnaire.

Don't delay: the closing date for this survey is 4 July 2012.

The latest XpertHR research finds two-thirds of employers reporting no change in their use of agencies to find temporary staff since the introduction of the Agency Workers Regulations in October 2011, although the use of agencies has fallen in more than one-fifth of organisations.  

Regardless of the 12-week qualifying period for basic working and employment conditions, two employers in three provide agency workers with the same conditions as permanent staff from day one of their assignment. However, more than one respondent in three said that their organisation tries to limit assignments for temps to less than 12 weeks, where possible.

The majority of employers think that the Regulations have placed a significant administrative strain on their organisation and that the increased cost of using temps means their organisation is less likely to use them now and in the future. 

In future, he suggests, unions will have to have more such votes if they wish to carry out prolonged disputes. There is a strong case for changing the law to make union leaders hold a new ballot every few months. [...] Ministers will now consult on changes. The mandate rules have received little public attention because many Conservatives have focussed on turnout rules, arguing that there should be a minimum threshold for a legitimate strike. Some of the unions striking next week will do so on the basis of fewer than a third of their members' votes, though others passed the 50% threshold advocated by business lobbies.

It is clearly an option. If very disruptive strike action is carried out on the basis of these weak ballots, weak turnouts, the case for reform gets stronger.

The biggest unions achieved turnout in these strike ballots of between a quarter and a third. It's a very, very low turnout indeed. The case for reform will be strengthened if unions press ahead with calling strikes on the basis of these very low turnouts. We keep these things under review but frankly that's not a path we want to go down.

The latest threats about further curbs on strike laws and offers being withdrawn follow ridiculous claims earlier this week that the strike could cost £500 million and put jobs at risk. This just shows how little grip they have on the detailed and very serious issues at stake for millions of public sector workers, and calls into question their competence and suitability for these negotiations. The Cabinet Office minister talks about a 'perverse incentive to strike', but what is perverse is that ministers are planning to raid public sector pensions to pay for a deficit caused by the greed and recklessness of wealthy bankers. Such erratic behaviour and wild allegations are becoming increasingly frequent from ministers who claim negotiations are ongoing even though they say they've made their final offer.

The way they put it to me is, we have no choice. That is not the case. Of course they have a choice. None of them had to have a ballot and recommend a Yes vote.

"My message to the union leaders today is: Think again. I urge public sector workers to put the people of Britain first and work normally next Wednesday. The victims of strikes will be the people who pay your wages - the ordinary people of Britain. And at a time when we are trying to get the economy back on its feet, a strike is the last thing anyone needs. So today I'm calling upon Ed Miliband to condemn this strike action and help stop it. I want to hear him tell the union bosses that pay Labour's bills that these strikes are WRONG."

It really is irresponsible when negotiations are ongoing to cause strikes that will lead to the closure of most of the classrooms in our country. It is the height of irresponsibility. What is on offer is an extremely reasonable deal.

XpertHR was on the road this week, catching up with the latest HR issues and debates at the CIPD annual conference and exhibition, in Manchester. There were well over 50 different workshops, panel sessions and case studies at the event including a keynote address from Sir Terry Leahy, former CEO of Tesco. The primary responsibility of leaders is to seek the truth about their organisations so they can set the right goals and inspire people towards positive change was Leahy's core message for delegates.

The range of case studies included nearly every practical HR challenge facing HR practitioners who have responsibility for implementing people management strategy within their organisations. The themes ranged from the hardy perennials that form the bread and butter of HR - "practical guidance on how to carry out disciplinary investigations" - to the more cutting-edge and topical - such as "HR harnessing the power of social media" and "Organisation design lessons from the Olympic and Paralympic games".

Each union has been asked to consider taking what they judge to be the most appropriate form of action possible to show their support for this united campaign. This would range from strike action, where ballot mandates have been secured from members and unions judge that appropriate, through to lunchtime meetings, rallies and joint events with community groups and service users. The intention will be to take the call for pensions justice for both public and private sector workers to every corner of the land on that day in the biggest trade union mobilisation in a generation. Further consideration is being given to what further action may be appropriate beyond the day of action if progress towards a settlement is not secured.

Why flexibility is important to manufacturers; how they achieve it; how manufacturers view the UK as a business environment to achieve this flexibility; and what needs to be done to  ensure that the UK continues to provide the flexibility that manufacturers need.

• Download the complete report from the EEF website.

Why flexibility is important to manufacturers; how they achieve it; how manufacturers view the UK as a business environment to achieve this flexibility; and what needs to be done to  ensure that the UK continues to provide the flexibility that manufacturers need.

• Download the complete report from the EEF website.

Why flexibility is important to manufacturers; how they achieve it; how manufacturers view the UK as a business environment to achieve this flexibility; and what needs to be done to  ensure that the UK continues to provide the flexibility that manufacturers need.

• Download the complete report from the EEF website.

"Why flexibility is important to manufacturers; how they achieve it; how manufacturers view the UK as a business environment to achieve this flexibility; and what needs to be done to  ensure that the UK continues to provide the flexibility that manufacturers need."

I am part of a team that seems to be working well together, except for one thing. I get the feeling that the team is colluding against me.

I generally like to help teams work together. Working in HR, it's part and parcel of the role and expectations from the business. When you've worked with a team to help them learn about each other and get them past their personal issues, it's a good feeling and a motivating force to do good.

But this situation - which is far from resolved - has knocked my normal clear-headedness about how I approach my work.

[T]he usual suspects [on the union side] will call for general strikes and widespread disruption. This will excite the usual media comments about 'a summer' or 'an autumn' of discontent. And another group of usual suspects will exploit the situation to call for the tightening of strike law.

• The four most common causes of workplace conflict are: ineffective line management; personality clashes; lack of effective performance management; and perceived bullying/harassment.
• The most common consequences of unresolved workplace conflict are: Low team morale; increased absence; recourse to formal disciplinary or grievance procedure.
  

• Line managers are the party most frequently tasked with resolving instances of workplace conflict informally.
• But just over half of organisations surveyed by XpertHR say that their line managers are either ineffective or very ineffective when it comes to handling workplace conflict.
• Ineffective line management is one of the most common causes of workplace conflict.
  

Amost half (44%) of employers have had to invest in remedial training for school and college leavers, according to the annual CBI/EDI education and skills survey 2011.

Of the 566 employers surveyed, nearly half (42%) are not satisfied with the basic use of English by school and college leavers, and more than one in three (35%) are concerned with the basic numeracy skills in this age group.

Employability skills are also lacking in school and college leavers. Less than one in three (31%) respondents felt that school and college leavers had adequate business and customer awareness.

Some young female trainees at law firm Allen & Overy were recently asked not to wear short skirts and high heels to work - or to dress like they were "going clubbing". Displeased about this, they leaked the email about the firm's complaint to legal blog rollonfriday.com. The issue was then also aired in The Daily Telegraph .

Judging by comments made by a spokesperson for the law firm, Allen & Overy is not a stickler for detail - unlike the bank UBS, which recently had a 44-page dress code document leaked to the media.

Allen & Overy is not alone in having standards on hemlines. The latest XpertHR survey (subscription required) on dress codes found that the length of skirts and dresses is a potential issue for 65% of employers with "formal" dress codes. For those with a "smart casual" policy, just half have restrictions. But even among those with a "relaxed" code, as many as 39% feel the need to restrict the amount of leg on show.

[W]ith widespread strikes remaining a possibility, it is no surprise that the Government is considering ways to limit the impact that large-scale industrial action would have on the running of frontline services. [...] But how plausible is it for the Government to take [...] an extreme approach to tackle mass strikes?

Latest research from the CIPD finds that managing workplace grievances takes on average 14 days per case in management time. Once a disagreement goes down the path of formal action it can become increasingly difficult to secure a satisfactory outcome, says the CIPD.

Take part in XpertHR's managing workplace conflict and mediation survey and you will be entitled to a complimentary copy of the findings.

If trade unions did not exist now, would we feel a need to invent them?

The next item in our quick look at the options available to public sector employers in the face of spending cuts.

Option #2: Voluntary Redundancies

• 125 voluntary redundancies sought
• This follows 90 redundancies made last year
• No compulsory redundancies

Voluntary redundancies are a common factor in many of the redundancy programmes that are currently being undertaken in the public sector. (The GMB, amongst others, is keeping track of these.)

Do you work in the public sector? What difficult decisions has your organisation been making?

>> Take part in our entirely confidential survey here

XpertHR is currently investigating how public sector employers are reacting to spending cuts imposed by the coalition government.

This survey is your chance to get the very latest information and analysis on how other public sector employers and HR practitioners are responding to the extensive public spending cuts.

Photo: tpholland, Richmond Council Chamber

Public sector spending cuts are the issue for 2011. Political reputations, organisational effectiveness and, most importantly, peoples' jobs are all on the line.

This week we're going to be taking a quick look at some of the options available to public sector employers and HR functions.

Option #1: pay freeze + reduced benefits

• Incremental pay progression suspended
• Mileage rate reduced
• Requirement to take unpaid annual leave
• Car parking charges for employees

There is a quite a bit that can be said about this but most of it is fairly apparent (although please do feel free to add comments below).

Do you work in the public sector? What difficult decisions has your organisation been making?

>> Take part in our entirely confidential survey here

XpertHR is currently investigating how public sector employers are reacting to spending cuts imposed by the coalition government.

This survey is your chance to get the very latest information and analysis on how other public sector employers and HR practitioners are responding to the extensive public spending cuts.

Photo: tpholland, Richmond Council Chamber

Latest research from XpertHR finds that two in three organisations do not have a behaviour policy in place for the work Christmas party.

Industrial action has frequently made the headlines in recent months, with strike action at BA and Transport for London highlighting the difficulties companies face when changing employee’s terms and conditions, and when making redundancies.

If implementation [of Osborne's austerity measures] ushers in the kind of industrial action that has brought the capital to a standstill, the transition to a leaner, meaner, state may not be without trauma.

Professor Gregor Gall weighs in with today's guest blog post in our ongoing series on the topic "If I could change one thing about HR...", which looks at the fundamentals of the employment relationship. Gall is Research Professor of Industrial Relations and Director of the Work and Employment Research Unit (WERU) at the University of Hertfordshire.

Gregor Gall: If I could change one thing about HR...

If I could change one thing about HR... it would be to strip away the verbiage that mystifies what the employment relationship is actually about.

Following Michael Carty's recent blog on the CIPD's proposal that the government should consider the "nuclear option" of a ban on strikes in essential services as a last resort to push through public spending cuts, I have canvassed opinion and got a less than enthusiastic response from HR, employment lawyers and union representatives.

The CIPD has introduced a set of radical suggestions to the debate on how the Government is to implement its planned programme of public spending cuts. Arguably the most controversial of these is what it describes as "the nuclear option".

The "nuclear option" is a suggested means to push through public spending cuts if they are met with widespread strike action. It involves "banning strike action by workers involved in the essential services" (it defines "essential services" as straddling the public and private sectors).

This "nuclear option" is set out in the CIPD's Building productive public sector workplaces report (PDF format, 201.5K).

The report adopts a measured tone throughout, emphasising that "the nuclear option" should only be deployed as a measure of the very last resort.

But a close reading suggests that, in the event of such a "nuclear" scenario becoming reality, the CIPD might be of the opinion that the political objective of forcing through the coalition Government's public spending cuts trumps the right of public and private sector workers in "essential services" to strike.

The 142nd 2010 TUC Congress - to be held in Manchester between 13 and 16 September 2010 - could prove to be "the launchpad for union resistance to planned Government cuts", the Guardian reports. It says that the TUC is looking to organise "a national day of action" to coincide with Chancellor George Osborne's planned announcement of the details of the comprehensive review of public spending on Wednesday 20 October 2010. The Guardian says that this national day of action will be followed by "a further day of marches and demonstrations [...] planned for 23 October, as well as a series of strike days during the autumn as unions gear up to fight an expected 600,000 public sector job losses."

The ongoing dispute between British Airways and its cabin crew (on the BBC website) provides a persuasive illustration of why employers should try to avoid industrial action if at all possible.

Tens of thousands of expectant holidaymakers are facing cancelled flights as a result of the current British Airways cabin crew strike, which is set to continue until Wednesday. British Airways estimates that the five-day strike is costing the company a staggering seven million pounds a day.

A Bill has been approved in the US state of Tennessee that allows employers to require employees to speak English on the job, reports the Tennessean website. But is it legitimate for UK employers to adopt an English-only policy?

Taking part in the 2010 employee communications survey from IRS for XpertHR will provide you with the chance to see how your policy and practice on employee communications stacks up against those of your comparators and competitors.

Key areas covered by the survey include the following:

• which communication methods UK employers are using, and which ones work best;
• how social media are changing the face of internal communications;
• how employers have used communication programmes to lessen the workplace impact of the recession; and
• HR's views on how interacting with employees can make a difference to the organisation.

The majority of votes are now in for the general election 2010, but no one party has a clear majority. The outlook remains uncertain, although a hung Parliament with the Conservatives the largest party appears the most likely outcome (external website). What is certain is that once the dust of the general election 2010 finally settles, the next Government (whether it be a single party Government or a coalition) will be forced to turn its attentions immediately to the pressing - and long delayed - matter of dealing with a record budget deficit (external website) which the European Commission forecasts will be worse than all other EU members (including Greece) (external website) this year. Although the resulting programme of austerity measures is unlikely to provoke anything like the scenes of rioting witnessed in Greece (external website) this week, the reaction from public sector workers looks set to be heated, with widespread strike action seemingly inevitable.

Workers at a Copenhagen Carlsberg warehouse returned to work yesterday after striking over their right to drink beer on the job.

Workers were previously allowed to drink the produce while working, but Carlsberg has changed its policy, limiting the warehouse staff to one bottle of free beer a day, to be consumed while on their lunch break. The Associated Press reports that the brewery's drivers are still entitled to their three bottles a day.

What issues do line managers deal with on a daily basis? We’ve gathered data to come up with our 10 most popular line manager briefings since January 2009 (which might go some way to providing the answer).

Gordon Brown has come under fire amidst bullying allegations by staff at No.10, Downing Street. According to Christine Pratt, CEO of the National Bullying Helpline, the charity has received several “confidential” enquiries from the PM’s staff. Somewhat controversially, Ms Pratt, who is quoted on the BBC website, has decided to go public with this information.

The statutory maximum unfair dismissal compensation award from 1 February 2010 is £65,300 - a high price to pay for not following a disciplinary procedure deemed to be fair and reasonable.

In Metrobus Ltd v Cook (EAT/0490/06) the Employment Appeal Tribunal (EAT) ruled that an employment tribunal did not err in increasing the amount of unfair dismissal compensation by 40% where an employer had failed to follow the statutory disciplinary and dismissal procedure.

IRS is conducting research to look at how employers deal with grievances and disciplinaries. We also want to collect feedback on the reaction to the new Acas code, and whether it has helped or hindered in dealing with employee grievances and disciplinaries.

Taking part in this confidential survey will give you a unique opportunity to benchmark your organisation's procedures for dealing with individual disputes against other employers in your sector.

Many public sector workers already face low pay increases or pay freezes in 2010. Now, in an interview with the Sunday Times, Chancellor Alistair Darling has indicated that public sector pay will be subject to "restructuring" (external website), which could result in pay cuts for some jobs.

Employees have a statutory right to take time off work for a myriad of reasons ranging from parental leave to dealing with care arrangements. One survey found that 34% of employees needed to take time off for an emergency involving a dependant. There’s even a new right for employees to request time off for training, due to come into force in April this year.

The transfer of staff where TUPE applies on the sale of a business or transfer of a service is an area that invariably causes headaches for the HR teams involved. Getting to grips with even just the basics of TUPE can raise complex questions and practical difficulties. The IRS conference on managing successful TUPE staff transfers aims to refresh your understanding of the basics, as well as looking in detail at more advanced issues arising from TUPE transfers.

We've put together a resource pack to accompany the conference, which brings together the information and guidance on TUPE that is available on XpertHR, to help delegates get the most out of the conference. If you can't make the conference, the resource pack will still be a useful tool in updating your team on the essentials and latest developments in the law on TUPE.

With economic recovery in prospect, employers need to turn their attention from organisational survival to employee engagement (external website), if they are to prevent their most valued staff from jumping ship as the labour market thaws. This is according to Chartered Management Institute chief executive Ruth Spellman.

Do you need to know about employment law in France? The latest European employment law guide added to XpertHR looks at key elements of employment law in Frances as it applies to: recruitment and selection; pay and benefits; employee rights; contracts of employment; training and development; equal opportunities; industrial relations; health and safety; and termination of employment.

XpertHR regularly publishes information on industrial relations law and practice across Europe - providing expert analysis of developments at European level and in individual European countries. In addition, other guides to national employment law in European countries include: the Netherlands; Italy; Germany; Greece; Poland; and Ireland. For ease of reference, we’ve rounded our European information up on one European employment law and practice page.

Remember that we want to provide information on the countries that are relevant to you in your HR role - so let us know which countries you’d like to see guidance on in the future.

Want to receive the answer to a frequently asked HR question every day? If you’re on Twitter, you can do so by following HRdailyquestion. The questions come from the popular XpertHR FAQs section, which contains over 1,000 frequently asked HR questions - and more importantly the answers.

The draw for the football World Cup (on the BBC website) taking place in summer 2010 has now been made, while the England cricket team's defence of the Ashes begins in late 2010 and the rugby World Cup takes place in 2011. And of course we have the London Olympics to look forward to in 2012. XpertHR has published a model policy [subscription required] to help employers deal with issues that will inevitably arise during these major sporting events.

A properly completed ET3 form in response to an employment tribunal claim can mean the difference between winning and losing a case. The importance of spending time preparing and completing the ET3, while keeping to the 28-day time limit for responding, should not be underestimated.

A new guide in the XpertHR How To section gives practical advice on completing the ET3, including issues to consider and pitfalls to avoid.

• How to respond to an employment tribunal claim is in the XpertHR How To section (subscription required).

Engaging employees is not just about "being nice". Rather, it should be a commercially-driven activity capable of delivering real impact on the bottom line. This is according to a very interesting report on a webinar conducted by Naomi Simson, CEO of gift supplier RedBalloon, and reported on excellent Australian HR website HRdaily (external website).

Werner Heubeck, whose exploits as managing director of Ulsterbus during the worst of the Troubles included personally boarding buses to remove suspect packages, has died at the age of 85. The Daily Telegraph has published an obituary of Heubeck on its website.

Yesterday I attended the IRS conference on working with trade unions. The conference was chaired by Bruce Warman, former HR director of Vauxhall Motors, who spoke of his concern that skills in handling industrial relations had been sidelined during years of relative calm, as HR professionals focused more on areas such as talent development, training and retention. This is only becoming apparent now as employers are having to deal with more difficult relations with unions and staff a result of the recession.

If you missed the conference yesterday, there is another IRS event coming up - the IRS Masterclass on formal trade union negotiations - this time with a more practical focus and the chance to take part in a mock negotiation.

Once employees have been given notice of dismissal by reason of redundancy, should employers sit back and be satisfied that they have complied with their obligations to inform and consult?

The IRS essential HR update on working with trade unions takes place in London on 15 October 2009. We’ve put together a trade union resource pack to help XpertHR subscribers attending the event get the most out of it.

With the 2009 Conservative Party conference taking place in Manchester this week, and a general election looming, XpertHR looks at the employment law changes that an incoming Conservative Government might make.

Employment tribunal claims often come down to whose evidence the tribunal finds more convincing. A new guide in the XpertHR "how to" section gives practical guidance on how to give effective witness evidence.

• How to give witness evidence in employment tribunal proceedings is in the XpertHR "how to " section (subscription required).

It appears that French workers have a flair for the dramatic when it comes to industrial action. After taking bosses hostage and rigging factories with bombs, they've now threatened to dump toxic fuel into the Seine (on the Guardian website).

The UK's ability to pull itself out of the 2009 recession could be impeded by managers failing to engage with and effectively motivate a workforce that has been demoralised by economic hard times and consequent waves of job cuts. This is the overriding message from two new studies focusing on how managers are communicating with their remaining workers during the economic downturn.

Leslie Strathie, appointed chief executive of HM Revenue and Customs at the tail end of last year, has announced that she is commissioning a cultural survey to examine what lies behind low staff morale at HMRC, as revealed by a number of surveys (ePolitix website).

As many as one in eight UK workers could be off sick (external website) when the current wave of the 2009 swine flu pandemic reaches its expected peak in the coming weeks, according to Government estimates.

The swine flu pandemic is causing UK absence rates to soar (external website), resulting in a threefold increase in absence rates, according to latest data from absence management support company FirstCare.

The Acas annual report for 2008/09, published this week, shows that the recession has caused a significant increase in the number of employment tribunal claims, with an increase of 18% in the number of claims referred to Acas for conciliation. Most strikingly, the number of unfair dismissal claims brought to tribunal has increased by 22% to 55,000 claims in the year.

A review commissioned by the government and carried out by contributors from Sainsbury's UBS Group, HSBC, Financial TImes Group and the Work Foundation, has concluded that involving employees fully in the future of the organisations they work for will be a key step if businesses are to innovate and take advantage of new opportunites.

The MacLeod Review of employee engagement was asked to examine whether a wider take-up of engagement approaches by UK employers could impact positively on UK competitiveness and performance. The report's authors gave an unequivocal yes to this in its findings and gave examples of workplaces where putting employee engagement at the heart of business strategy has been "transformational".

It sounds like the stuff of nightmares - you dream you’ve gone to work, and suddenly you’re sitting at your desk and you’re naked. While most people would wake up screaming at this point, business psychologist, David Taylor, is using the idea of ‘Naked Friday’ to boost team morale in flagging companies.

The recession has led to an increase in flexible working practices as employers and employees cooperate to save jobs, according to a survey by the CBI and recruitment consultants Harvey Nash.

45% of firms responding to the survey have increased flexible working, with the twin aims of reducing hours and meeting employees' requests for a work-life balance. A further 24% said they were considering such an increase.

A successful TUPE transfer involves much more than following your legal transfer of undertakings obligations. That’s why at XpertHR we’re putting together a specification for a good practice guide on TUPE transfers to add to our good practice guide series. After all, employees who understand the organisation they’re transferring to, and the implications of the transfer for them, are much less likely to become demotivated and resistant to the change.

So let us know what you’d like to see included. Suggestions so far include approaches to introducing the affected employees to their new employer, and guidance on meaningful consultation. If you have any suggestions, you can either leave a comment below, or email my colleague Bar Huberman at bar.huberman@rbi.co.uk.

Around 900 workers at the Lindsey oil refinery who have been on an unofficial strike over redundancies since last Thursday have been sacked, according to the Independent.

BECTU - @bectu and @BectuHMbranch
CWU - @cwu
EQUITY - EquityUK
FBU - @FBUScotland and  @fbulearning
RMT - @RMTunion
Prospect - @CLGprospect and @ProspectUnion 
PCS - @pcs_union
UNISON - @unisontweets
Unite - @unitetheunion
Amicus - @AmicusCabinCrew
UCU - @ucu 

If your employer asked you to sign up for "unpaid work" would you be tempted? WIllie Walsh, the chief executive at British Airways has urged his staff to do just that (on the Guardian website). To be fair, he has himself offered to work during July without pay, but - as unions are keen to point out - the £61,000 he loses on one month's work is worth more than twice the annual salary of cabin crew employees at the airline.

The Government has announced (on the News Distribution Service website) that it is to introduce legislation to prevent employers blacklisting workers as a result of their union membership or activities.

Are you struggling to motivate staff on Fridays? Perhaps you could follow the example of Kellogg's. The company has launched its summer working hours scheme that allows employees to leave work at noon on Fridays provided that they have completed their contractual 36.6-hour working week.

A Serbian union official has chopped off his finger and eaten it in a protest over wages to show how desperate workers are, according to Sky News.

A real one! The High Court recently held that a teacher should have been allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where a consequence of the hearing could be the addition of his name to the register of individuals deemed unsuitable to work with children. The seriousness of the allegations against the employee combined with the possible impact on his career meant that he was entitled to legal representation. See R (on the application of G) v The Governors of X School [2009] EWHC 504 HC (subscription required).

You wait forever for the employment tribunal statistics - and then two sets come along at once. Well, not exactly, as the figures for April 2008 to February 2009 provided to XpertHR by the Tribunals Service today are only provisional, and therefore subject to change. They do, however, give an indication of what the final figures are likely to look like.

The French have a certain je ne sais quoi when it comes to industrial action. When workers at a Sony factory in south-west France were unhappy about their redundancy terms they locked the head of Sony France - along with the HR director - in the factory, overnight. Apparently, it was all fairly good humoured and led to the re-opening of talks.

So far, British industrial action involves a more hands-off approach, but I wonder whether senior leaders involved in mass redundancies should be advised to store a sleeping bag and a toothbrush in the office, just in case...

The new Acas code of practice on disciplinary and grievance procedures [on the Acas website] has been approved by Parliament. The code, which comes into force on 6 April 2009, sets out the principles for handling disciplinary and grievance procedures after the repeal of the statutory dispute resolution procedures on the same date.

I wasn't surprised to see the Daily Mail yesterday referring to the unofficial strikes by energy workers as illegal ("The wildcat refinery strikes are illegal", said the Mail), but now People Management, which ought to know better, has joined in ("Sellafield workers begin illegal walkout", says PM).

The recession of the early 1980s decimated the trade union movement in this country. Indeed, it is not too much of a push to argue that some of the economic policies pursued by government at the time were intended to achieve just that.

There is no one easy way to achieve employee engagement, but by following a few basic pointers employers can find they are dealing with a far more loyal, dynamic and contented workforce, according to academics and practitioners speaking at this week's CIPD engagement conference.

Examples of what has worked for employers include the creative use of film and interactive media to inspire and engage; employee benefits that have a real, personal impact; and a "Dragon's Den" for employee ideas at Birmingham City Council.

Vodafone's new-look communication programme, which it launched in a difficult, post-redundancy environment, is a particularly relevant success story that may strike a chord for other struggling employers.

It seems that the current economic climate is making public sector jobs more attractive, according to a survey by Hays Public Services (external website). In fact, almost three out of four private sector workers (72%) said they would be more likely to consider a job in the public sector now than they would have been a year ago, and a fifth of respondents (18%) are developing transferable skills in preparation for a move to the public sector.

The information super highway that is the internet has revolutionised the workplace. It has also created a myriad of new challenges for employers with employee email and internet misuse frequently cited by employers as a particular thorn in their side.

With potential redundancy programmes in the pipeline, the time is ripe for organisations to ensure that their consultation arrangements are robust. Yet the latest government reports on information and consultation arrangements reveal that many employers are failing to put in the effort required to make employee communications effective. It also makes it clear that increasing the aptitude of employee reps can hugely affect the success of consultation.

Another sign of turbulent times in UK workplaces - the advisory and conciliation service Acas has just announced that, due to extremely heavy demand, some callers are finding they are unable to get through to its helpline.