The Acas Podcast

With many employers looking at changing contracts as a way of avoiding redundancies, we ask Acas advisers Mark Makin and Helen Robinson how to do it well. We explore:

The best way to change employment contracts

Why consulting staff matters

How to do this well remotely

What your rights are as an employee

Episode Resources

https://www.acas.org.uk/changing-an-employment-contract

Transcript

Sarah Guthrie

Welcome to the Acas Podcast. We're talking today about changing an employment contract with Acas advisors, Helen Robinson and Mark Makin, and I'm Sarah Guthrie. This is topical at the moment because lots of employers are looking at changing contracts as an alternative to making people redundant. So employers are asking, how can we do that? And members of staff might be asking us, can my employer do this? So Helen, let's start off with employers. What's the best way of going about changing an employment contract?

Helen Robinson

There's a number of different ways that an employer can can consider changing somebody's contract or varying the terms and conditions. But I think the best way from an Acas perspective would be where possible to do so by agreement. If an employer speaks to a member of staff, and they are able to get their agreement to make a change to their terms and conditions, then ultimately that is going to be the best way for conducive working relationship moving forward.

Mark Makin

To echo what Helen said there, taking the workforce with you - informing, explaining consulting, discussing, providing feedback - that sets the tone for the relationship once the change comes into effect, because the trust and the goodwill will need to be there to take the organisation forward afterwards. And if we make changes without agreements, there's a big possibility that that trust and goodwill won't be there, which is going to create problems with itself.

Helen

Building on that, I mean, what some employers are choosing to do is to see whether they can make these changes on a temporary basis because staff might be more willing or accepting to the changes there. And I've also spoken to an employer recently who has offered an incentives so the change that they were looking at making was a 10% pay cut and that was across the board 10% pay cut for all staff. That was a measure to look at avoiding redundancy. And what the employer said almost as an incentive was that if this didn't work, and if actually they did need to make any redundancies within the next 12 months, their redundancy pay and their notice pay would be calculated at their original wage so that the wage that was slightly higher, and so that that was something that went some way for for stuff agreeing to that change.

Sarah

Yeah, I can see why that would really help because we've heard stories of people who have agreed to a temporary pay cap with a perception that then they won't be made redundant and get made redundant and then also have their redundancies as calculated on their most recent pay, which is half of what they were being paid. So I guess it, it sounds like thinking through in detail how your staff will respond to the changes you're proposing both in the short term and the long term is really important here. Some people listening to this podcast might be thinking, Well, can employers change a contract? What are my rights? I wondered if you could give us an insight into that.

Helen

If a member of staff agrees to a change, then absolutely a change can be made to that contract, whether it's on a temporary or a permanent basis. I think it's very, very important when we're looking at agreements and agreeing to a change that an employer is very open and honest about what this change is going to be. How long is it going to last for? Is it going to be permanent? Because employees need to have that information so that they can make an informed decision about whether they are happy to agree. But I also think it's equally if not more important for employers to be open about the reason behind the change. Because if they approach their staff and they speak about Okay - we will use the 10% pay cut as an example - we're looking at giving you a 10% pay cut, if that's all the information that staff have, then it's highly unlikely that they're going to be happy about that or agreed to it. Whereas if an employer approaches staff and says, Okay, look, we're looking at a 10% pay cut and the reasons are because x y z, people still may or may not be happy about it, but they might be more likely to respond to that say, Okay, yeah, I can understand the reasons why. And yes, I will accept that change.

Sarah

So keeping very clear communication arou...

In our first episode, Acas Chief Executive Susan Clews shares her key insight into what organisations can do to navigate the challenges that coronavirus presents. We look at building trust, returning to work and communicating in a crisis.

Plus: Susan shares what she has personally learnt about leadership during coronavirus.

For coronavirus workplace advice: www.acas.org.uk/coronavirus

Full Transcript available at https://shows.acast.com/acaspodcast

Transcript

Sarah Guthrie 0:00

Welcome to the Acas podcast. I'm Sarah Guthrie, part of the communications team at Acas and today I'm talking to Susan Clews, our Chief Executive, about what organizations can do to manage their people, their work, their plans in this difficult time. So Susan, I thought we'd kick off by actually just asking you what kind of issues employers and employees are coming to Acas with at the moment.

Susan Clews 0:25

All sorts of customers are coming to Acas with a whole range of issues, and they go right from employees who are interested in knowing what their rights are, whether they can get paid, if they're self isolating, or whether they are, you know, kind of quick concerns about their mental health, for example. So we're getting lots of queries to our helpline on those sorts of issues. And we're also hearing from employers too, who are particularly interested about how they keep in touch with workers during the pandemic, and particularly if they've got lots of people working from home. And then increasingly now we've got employers looking at how they can get people back to work safely. And that's a really important issue, obviously, for employees and for employers alike. We're seeing employers, I think, looking at how they can change practices in the workplace. I think it's really, really important here that they work with their employees to look at what the challenges are going to be, and how they can adapt work practices to safely accommodate people back in the office or back in the factory or shop.

Sarah Guthrie 1:35

Lots of challenging issues there through employers and employees. Thinking about Acas for a moment as an example, and the role of employers and managers as leaders of their organizations.What do you think has been the principle behind your leadership that has really helped in this situation?

Susan Clews 1:54

I think there's, in all times, it's good if you're open and honest with your people. That's something that's important to me and something I try and live in Acas. But I think during in a time like Coronavirus pandemic, where there is masses of uncertainty, and individuals might be balancing all sorts of different challenges both at home and at work, it's even more important to create a secure and clear place in the workspace so that people know what's expected of them. They know they can trust their senior leaders, and they understand that leaders have their best interests at heart. And so we've been trying to focus very clearly on those people issues, and to tell our people that they really matter to us. And we're doing that more than we've ever done before. So I think the tone of our communication has been clearer and more personal than it has been in the past. And I think that's been a good thing, actually, to really change try and get a more personal relationship with our colleagues through communicating and creating that trust with our people.

Sarah Guthrie 3:09

Really interesting. You mentioned trust there. This has been a really challenging time and I know from our helpline that trust has been a feature of this crisis - of any crisis. What advice would you give to employers or employees who feel that there's been perhaps a breakdown of trust during this time?

Susan Clews 3:35

I suppose trust is a scarce commodity isn't it and it's easily lost and can take quite a long time to rebuild. But I'd put a more positive perspective on and say if you're if you're concerned that trust has been eroded during Coronavirus, and that's perfectly understandable if it has been with all of the the challenges and demands placed upon businesses, I think it's about maybe accepting that and being a bit more open about acknowledging that maybe the relationships in the organization aren't where you want them to be. And then to take some really practical steps to rebuild trust. And that looks, to me, that looks like things like being really clear and honest in communication. It's about encouraging two way communication as well, so seeking feedback from your employees and listening to their concerns. I think it's about looking at how you collaborate with people in the business, so how you involve them in maybe planning some of the solutions ...

Does investing in mental wellbeing really bring business benefits? We’re joined by Sarah-Jane Littleford, Head of Responsible Business at Fujitsu Global Delivery in the second of three episodes featuring stories from employers working to improve mental health at work. Sarah-Jane shares:

• How it makes business sense for Fujitsu to invest in the mental wellbeing of their people.
• How Fujitsu’s approach to wellbeing has shifted during the pandemic
• Her insights on what’s made the biggest difference

Episode resources:

For more information on supporting mental health during coronavirus, visit: www.acas.org.uk/mental-health-resources

For in depth analysis, in our latest policy paper, Adrian Wakeling explores the impact that COVID-19 is having on how workplaces support mental health.

To contact an Acas adviser for specialist support, get in touch

For podcast and event updates sign up to our free email newsletter

Transcript available at www.acas.org.uk/podcast

Hosted on Acast. See acast.com/privacy for more information.

Juggling childcare or looking after others alongside working from home, without burning out, is a real struggle. Mental health expert Abigail Hirshman unpacks what employers, managers and carers themselves can and should do to build and support carers' wellbeing during coronavirus.

Plus: what happens if we ignore this, the common mistakes employers make and how to broach the topic when you think your manager might not listen to you.

Episode links:

Mental health resources: www.acas.org.uk/mental-health-resources

Coronavirus and mental health guidance: www.acas.org.uk/coronavirus-mental-health

Homeworking: www.acas.org.uk/working-from-home

Rights at work: www.acas.org.uk/rightsatwork

You can also ring our helpline on 0300 123 1100.

Transcript

Sarah Guthrie 0:00

Welcome to the Acas Podcast. I'm Sarah Guthrie, part of the communications team here at Acas. And today I'm joined by Abigail Hirshman, who is Head of Workplace Wellbeing and Mental Health at Acas. Thanks for joining me today.

Abigail Hirshman 0:13

Pleasure always to speak to you Sarah.

Sarah Guthrie 0:15

So today we're focusing on mental health, particularly how we can support the mental health of people who are juggling caring responsibilities, and work, so, looking after children or other relatives during this period of lockdown. We've learned recently that schools are not opening fully until September. So I wondered if you could start off by saying what are the main challenges in relation to well being for people who are juggling, childcare and other caring responsibilities while working?

Abigail Hirshman 0:47

Yeah, yes, absolutely. So that is quite a big question, though, isn't it really because I think even just hearing that message a couple of weeks ago about the fact that schools aren't opening as parents had anticipated, will have had an impact on people, would have made them think, "Oh my lord!" you know, some that expected maybe a bit of relief for a period of time, there is now a longer stretch. So it's really about how workplaces can think about how can they continue to support the employees to work, knowing that they can be continually caring for children. So the wellbeing impacts of this is not static, it will have gone up and down over the period. And it may have been at the beginning that people may have thought, "Well, actually, this is quite nice. I'm getting to spend some more time at home with my children." But as I said, as this has gone on, I think there have been further challenges for people. And, but I suppose what I was thinking about when we decided we were going to talk about this was whether it's worth just rewinding a little bit. And so if we think say back to maybe February, okay, so February of this year, so think maybe your care of two small children, and they go to school or nursery, and then someone says to you, "For the next six months, we need you to do your job from home." And you may think great "No, no more commuting, no more business suits, no more high heels. That's fantastic." But then at the same time, your manager or your employer says to you, "Well, actually, all schools and nurseries are going to close as well. So you can have to look after your small children whilst you work." And that's essentially what happened to people that this information was given to them. It wasn't the employers fault or the managers fault. But this information was suddenly given to a whole group of people in the workplace, that very quickly, they had to suddenly understand that basically, the world of work and the world of parenting became entirely combined. So I think what people had to do was to adapt really, really quickly. And I think from a positive perspective, we can say that employers have really benefited from a workforce it's met that challenge, you know, and continue to adapt. But as I said, there are going to be lots of peaks and troughs to that challenge, and it's how the employer and the manager and the individual navigate those different rises and falls as we carry on through this period.

Sarah Guthrie 3:01

Yeah, that's really interesting. I wondered if you could maybe unpack a bit more of the impact if we - employers, line managers or individuals - do nothing about this?

Abigail Hirshman 3:16

Right. Okay. That is an interesting question. So, as I said, you're now, you put, I always like to put myself in the heads of people who are in this experience or having experience I have got, I've got children at home, but they're a bit older, th...

SME's and mediation – what’s the problem?

In the latest Acas Podcast, Emma McClean, Acas Individual Dispute Resolution Manager, talks to Martin McTague, National Chair of the Federation of Small Businesses, to discuss early, informal dispute resolution, such as mediation.

They also discuss the barriers small businesses face when introducing or using mediation in the workplace and the perception of Acas impartiality.

Guidance and support:

Acas - For more information and guidance about mediation please visit the Acas mediation webpage.

FSB - For details about the legal and HR support available from FSB as part of its membership package, visit fsb.org.uk/membership.

Mediation Conference:

UK Mediation Conference 2024 –

25TH November 2024 | Congress Centre, London | 08:30-17:40

The UK’s leading conference bringing together Mediators, HR Professionals and Leaders.

This industry-leading event will examine the conflict journey, the evidence supporting the case for a less formal approach[CR1] , including examples on what works (and what doesn’t) and partial mediation skills and techniques.

To find out more visit our event page.

To book your place visit our event registration page.

Further reading: Making the case for mediation

Hosted on Acast. See acast.com/privacy for more information.