Bill Betts discusses the evolving landscape of employee rights and HR practices with Megan Snow, a HR consultant working with many in the pet grooming industry. They delve into significant proposed changes by the new government that could impact employee rights, including the potential for employees to claim unfair dismissal from their first day of employment. Megan emphasizes the importance of being proactive and well-informed, noting that knowledge is power for employers navigating these changes. The conversation also highlights the necessity of having proper policies, procedures, and documentation in place to mitigate risks and ensure compliance. With practical advice on managing employee relationships and the benefits of utilizing HR systems like Breathe HR, this episode provides valuable insights for business owners looking to thrive in a challenging environment.
Takeaways:
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Welcome to the Pet Grooming Business Podcast with me, Bill Betts, where we give practical business advice to help you grow your pet grooming business.
Bill Betts:This podcast is sponsored by Low Pay, the low rate payment app that gives you more.
Bill Betts:So without further ado, let's get going.
Bill Betts:Welcome, everyone.
Bill Betts:Welcome to our next edition of our podcast.
Bill Betts:I am here again with the lovely Megan Snow this time.
Bill Betts:You've changed your name since we last spoke, haven't you?
Megan Snow:I have, yes.
Megan Snow:So previously Saint, but now Snow.
Bill Betts:They might be like, who's that?
Bill Betts:Who's making the snow?
Bill Betts:Maybe you just want to give us a quick introduction as to who you are.
Bill Betts:I always call this like blind date, who you are.
Bill Betts:Where did you come from?
Megan Snow:Okay, yeah, so I'm Megan Snow, as Bill just said.
Megan Snow:So I'm a HR consultant.
Megan Snow:I'm based in Nottingham but sort of work with any business in the uk, so just helping them with anything to do with their employees, self employed workers that they have with them.
Megan Snow:So that includes things like contracts, handbooks, policies, but also advising on, you know, disciplinary matters, workforce headcount.
Megan Snow:If there's too many employees, they want to get rid of some employees if they need to recruit new employees.
Megan Snow:Just anything to do with, you know, staffing needs.
Megan Snow:Really?
Bill Betts:Yeah, I mean, we met you around 2020 and we brought you into our business to help us with our staff.
Bill Betts:I mean, we haven't got, we haven't got lots of staff.
Bill Betts:We've only got, well, I say lots.
Bill Betts:Eight, eight or nine.
Bill Betts:I have to count on my fingers.
Bill Betts:But Emma, Emma, my wife who runs the business with me is just like, it's just so nice to have someone on our side and someone that can help us and advise us.
Bill Betts:It stops that procrastination when we get questions from staff around hr, have issues with HR ourselves.
Bill Betts:It's.
Megan Snow:Yeah, definitely.
Megan Snow:And it's a good point.
Megan Snow:You don't have that many employees, but you know, some of my clients on retainer have literally just one employee and it's still beneficial to have that support whether you've got one employee or 500 employees.
Megan Snow:Because, you know, the same kind of questions crop up, the same issues crop up and sometimes a Google search just isn't quite going to cut it.
Megan Snow:And you need that sort of specialist advice.
Bill Betts:Yeah, it's not always Google search is.
Bill Betts:It's Facebook groups.
Bill Betts:Always great for people searching, advice and looking.
Megan Snow:Yeah, yeah.
Megan Snow:You have to be careful about who you take advice from, I think.
Bill Betts:So, you know, you work with us as a business, but you also come on these podcasts Quite regularly and you hang out in the Facebook group.
Bill Betts:I think the dog grooming industry is keeping you quite busy.
Megan Snow:Yeah, definitely.
Megan Snow:I get a lot of clients who dog grooming, which is great because it means that I actually understand the industry really well now as well.
Megan Snow:Probably couldn't groom a dog, but I know kind of how it works.
Bill Betts:I can, I can dry a dog, but never dry enough.
Bill Betts:Dry enough.
Bill Betts:And I'm chaos if I.
Bill Betts:If they sit me on reception because dog bookings go all over the place.
Bill Betts:But once we.
Bill Betts:Our last episode was.
Bill Betts:I loved the last podcast that we did because it was all about.
Bill Betts:It kind of took you on a journey from thinking about employment to doing the advert, you know, doing the interview, the do's and don'ts, you know, the regulations through to issuing the contact disciplinary and all and how to actually dismiss or remove someone from your business.
Bill Betts:So we did quite a comprehensive timeline of employers.
Bill Betts:Right.
Bill Betts:Or employers responsibilities.
Bill Betts:I think that's about right, isn't it, employers?
Megan Snow:Yeah.
Bill Betts:We wanted to bring you back on to have a chat about.
Bill Betts:Things have changed.
Bill Betts:We've got a new government since then and we wanted to bring you back in to have a chat about what it might look in the.
Bill Betts:In the future and a few things that are cropping up in the Facebook groups to sort of just put some meat on the bones, give some advice or some help around it.
Bill Betts:So obviously the.
Bill Betts:The new government's coming and there's legislation in the office.
Bill Betts:I don't think it's gone through yet, has it?
Bill Betts:But it's.
Bill Betts:It's all proposed.
Bill Betts:I just.
Megan Snow:It's all proposed.
Megan Snow:But they did initially say that within 100 days it would go through parliament and the 100 days takes us to like mid October, so.
Megan Snow:So not that far away.
Megan Snow:So yeah, it will be interesting to see what happens in October and if we do get more information on the changes because they kind of.
Megan Snow:Throughout the election, throughout, loads of things they wanted to change that are quite significant changes, more significant than we've seen in the last 10 years or so.
Megan Snow:But they're not given much information.
Bill Betts:I suppose when they made these promises, these changes, they hadn't looked at the bank balance and the statements and maybe they're a bit preoccupied now, but it has created quite a lot of fear within businesses, isn't it, around what might be coming around the corner?
Megan Snow:Yeah, absolutely.
Megan Snow:And I wouldn't want any business owner to feel fear around the changes, but they are likely to have quite a significant impact on how businesses operate, particularly with their employees and also how they carry out their processes and making sure that they do get everything right.
Megan Snow:Because essentially, if we're going to summarize what the changes that the Labour government have proposed, they're going to do, they're going to increase employee rights, which obviously then means that employers need to be on the ball with everything, because the employees are going to have more opportunity to make a claim, they're going to have more rights that the employers need to be aware of so that they're not unintentionally breaching anything that they should be actually doing day to day.
Megan Snow:And just generally that awareness is quite important.
Bill Betts:Yeah.
Bill Betts:And I think I always say to my clients, you know, knowledge is power.
Bill Betts:And as an employer myself, there are times when you're dealing with employees issues or contracts or employees rights where it does make you feel a little bit, like, hemmed in, a little bit trapped and a bit suffocated by everything.
Bill Betts:And you can sometimes feel like, what can I do?
Bill Betts:How can I do this?
Bill Betts:And this is where we lean to you to say, you know, what's the solution?
Bill Betts:What rights do we have as an, as a business and stuff like that?
Bill Betts:And everything gets ironed out, everything, you know, that we've not lost and it's not win or lose, but we've not had a negative outcome from any of, like, the issues that we've had with our employees.
Megan Snow:Yeah.
Megan Snow:And I think it's just knowing how to do it properly, because feeling trapped is something that I get a lot from clients and they do feel like, oh, my gosh, it's all in favor of the employee.
Megan Snow:I'm in this situation and there's no way out of it.
Megan Snow:I'm going to end up in tribunal, I'm going to end up losing my business.
Megan Snow:Business.
Megan Snow:And, you know, most of the time there will be a solution to the problem.
Megan Snow:It's just finding out what that solution is and then how you.
Megan Snow:How you actually get there.
Bill Betts:Yeah.
Bill Betts:I think one of the big stories in the press was all about the employee, the employees.
Bill Betts:Right.
Bill Betts:To ask for flexible working.
Bill Betts:Like from day one.
Bill Betts:I mean, I read that and I was like, oh, really?
Bill Betts:You know, but then when you start, and these are like headlines that are there to cause, like, a bit of hysteria, a bit of, like, make you sit up and look and listen them and make a little bit panic.
Bill Betts:But actually when you look at the devil, the devil's in the detail, isn't it?
Megan Snow:Yeah.
Megan Snow:And that's a really interesting example because actually it's already a day one, right.
Megan Snow:For people to Request flexible work.
Megan Snow:And that change came in, in April.
Megan Snow:So what the Labour government were actually proposing to do is to make it a default right from day one.
Megan Snow:So at the moment, and since April and previously, to be fair, if an employee requests flexible working, there's certain criteria that you would have to use to reject that flexible working request.
Megan Snow:But what the labor government are proposing is that actually the flexible working request should be approved as a default unless it's not reasonably feasible, which is the exact word and not particularly helpful.
Megan Snow:But yeah.
Megan Snow:So it's sort of like you'd have to really be able to justify not approving the change.
Megan Snow:But with regards to the media, again, be careful of, for everybody out there, be careful of what you read and how you interpret it.
Megan Snow:Because I saw things saying Labour government are proposing a four day week as default, but that's not actually what Labour government are proposing.
Megan Snow:They were just linking that back to this flexible working from default so people could request it.
Megan Snow:But it's not like they're going to just implement.
Megan Snow:Everybody works four days.
Bill Betts:Yeah.
Bill Betts:And for an example, if, if a member of staff came to us in our business and said, I would like to work, you know, three days a week and condense my hours and so that they get paid the same but do less work, we would then obviously come to you and say, right, we've had this request, they've had it, put it in writing, which is what they're supposed to do.
Megan Snow:Yeah.
Bill Betts:And then actually you would actually take us through a balanced approach as to like, you know, how does it work on our side as the business owners and then what do we need to consider for the staff member and you know, look at the not look at the compromise.
Bill Betts:But if we really can't do it, you then help us to, to put that case forward, wouldn't you?
Megan Snow:Yeah, exactly.
Megan Snow:And sometimes you do have to compromise with things like this.
Megan Snow:So actually we can't accept that request or have thought about this.
Megan Snow:Would this be suitable and give them an alternative that would actually work for the business.
Megan Snow:And you know, sometimes it will just be no, we can't do that.
Megan Snow:But as long as you have a good business reason as to why not and you could demonstrate why then again you're not really trapped, there will be a way to sort of decline the request.
Bill Betts:And I think sometimes when people get these things, come across their email or their desk or they get spoken to by employee, they instantly think they have to reply there and then.
Bill Betts:But I suppose one of the best bits is just to slow down and pause and give you some time to think.
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Megan Snow:Yeah, absolutely.
Megan Snow:I mean, even as a HR consultant, sometimes I'll be speaking to a client and it'll be maybe a bit more of a complex situation.
Megan Snow:And actually the best thing is not for me to reply there and then is to go away, think about it, think about all the legislation and then come up with an approach.
Megan Snow:So, absolutely, business owners that don't specialize in those areas definitely shouldn't be sort of coming up with an answer there and then, even if they're not looking to go and get support, which I would advise in first instance, but even if not to just go away and think about it and yeah, you never have to give an answer there and then.
Bill Betts:Yeah.
Bill Betts:And then you help to take some of the emotion out of it as well.
Bill Betts:Then you.
Megan Snow:Yeah, I, I, obviously I've worked with your business for a while, I know your employees, I've spoken to your employees, but I'm still external to your business.
Megan Snow:So, you know, I can sort of be that impartial, no emotion, just based on a decision on the fact.
Megan Snow:Whereas it's hard to do that when it's your own business.
Bill Betts:You are a HR buffer.
Bill Betts:So what other things are being discussed at the moment?
Bill Betts:I know you've got your own group.
Bill Betts:Hr, was it?
Bill Betts:HR for small businesses was what's being discussed in these groups that are causing concerns for people.
Megan Snow:So, I mean, another, just another change that the Labour government are proposing, and I think we made a post about this in the group the other day, is that employees would have the right to claim unfair dismissal from day one of employment.
Megan Snow:So anyone that's spoken to me about an issue has probably heard me say, how much service have they got?
Megan Snow:Have they been with you two years?
Megan Snow:And that's obviously because at the moment you need two years of service to take a claim for unfair dismissal to a tribunal, which means, actually, there's quite a lot of leeway in those first two years with regards to dismissing an employee.
Megan Snow:But, yeah, the Labour government are proposing that an employee would be able to take that claim from the first day of employment.
Megan Snow:So what that really means for small business, well, all businesses really, is that, again, you need to be on the ball with everything because, you know, it might be easier for somebody to think, oh, they're in a probationary period, I can just tell them to leave.
Megan Snow:They felt their probation, but actually that's not the case.
Megan Snow:And whereas ordinarily it might be quite low risk because they can't take a claim for unfair dismissal when the changes come in, if they do come in, they would be able to claim unfair dismissal from that first day that they're employed.
Megan Snow:So again, you just really need to make sure all your policies and procedures are nailed down and in line with the law.
Bill Betts:And one of the common sort of things that people fall foul on when it comes to unfair dismissal claims.
Megan Snow:So in the first two years, you obviously can't claim unfair dismissal, but what can happen is you can.
Megan Snow:There are some automatically unfair reasons for dismissal.
Megan Snow:So that's for example, if you tried to enforce a statutory right and you'd been dismissed on the back of it, so I don't know if you'd been paid below minimum wage and then you said, well that's below minimum wage, I need to be paid more.
Megan Snow:And then you got dismissed.
Megan Snow:That could be an automatically unfair reason to be dismissed.
Megan Snow:If you'd made a complaint about a health and safety issue, for example, and then you were dismissed on the back of it, that would be automatically unfair.
Megan Snow:So people can fall foul a little bit there because, you know, we say you can't claim unfair dismissal, but there are a few reasons that you can say look for.
Megan Snow:There's also the discrimination element that you don't need any qualifying service for.
Megan Snow:So, you know, if you've dismissed somebody maybe for, I don't know, having time off for a dependent or with a child, then that could potentially be deemed discriminatory.
Megan Snow:Even though there's no right to unfair dismissal.
Bill Betts:Yeah.
Bill Betts:It's a complex, complex matter, isn't it?
Megan Snow:Yeah.
Megan Snow:I mean, even at the moment, if somebody has less than two years service, they don't necessarily have that right to claim unfair dismissal as such.
Megan Snow:But we should still be doing things as correctly as possible.
Megan Snow:We shouldn't rarely be using that as an excuse because there are other things that they can claim.
Bill Betts:Yeah.
Bill Betts:So we, like I said with our last episode, we kind of went through employers obligations and from beginning to end.
Bill Betts:So it's worth checking that out if you're thinking about employing someone.
Bill Betts:I thought maybe we could just touch on a few things that have come throughout through my group, just to talk about one you just said about pay and stuff and there was a question the other day where an employee had done.
Bill Betts:Was going for a job.
Bill Betts:Sorry, someone was going for a job and they were told as part, it would be part of their contract if they left within, like, five years, they'd have to pay back the training.
Bill Betts:And.
Bill Betts:And we've.
Bill Betts:We've done something not similar to that, but with your advice, we've paid for training of an employee, but then we put it in their contract that if they left within a certain amount of term, they would owe us so much money.
Bill Betts:But most people, when it comes to looking at that.
Megan Snow:Yeah, so that's a good point.
Megan Snow:It has to be reasonable.
Megan Snow:And I know the post that you talked about in the group, I think I'd replied on that and said, you know, they are quite common training agreements.
Megan Snow:They are common, they're perfectly legal.
Megan Snow:Not for apprenticeships, because that was what the post was initially about, wasn't it?
Megan Snow:So you absolutely can't do it for an apprenticeship.
Megan Snow:But if it's, you know, just a course that they want to do, it's not an apprenticeship, then you can put in a training agreement or a clause in the contract that covers it.
Megan Snow:But as you said, it has to be reasonable because what you would put in a training agreement is that you reserve the right to deduct from their wages or that they'd have to pay you back.
Megan Snow:So, you know, firstly, to be reasonable, it would have to be just the cost of the course, so you couldn't add things on, like, I don't know, the time it took to organize and arrange them, getting involved onto the course or something.
Megan Snow:It really would just be the cost of the course.
Megan Snow:And it's subjective as to how long you can have that agreement in place.
Megan Snow:But what you should really think about is the return on investment that the company's got.
Megan Snow:So, you know, if they've been on this course and then, you know, within the first six months of being on the course, they've actually improved in their role.
Megan Snow:They're adding a lot more to the business then you've kind of got a bit of return on investment from that anyway.
Megan Snow:So it wouldn't really be reasonable at that point to claim the whole amount back, because you have seen a benefit of that five years.
Megan Snow:That is a long time.
Megan Snow:A very long time.
Megan Snow:So, again, you'd think about the cost of the course initially as well, how much it actually sort of cost your business in comparison to how much your business overturns and things like that.
Megan Snow:Yeah.
Megan Snow:So those sort of things really would be important to consider.
Bill Betts:To give a practical example, one we had, and I can't remember whether I think we put a groomer through their fast track qualification, which I believe at the time was maybe £500, we put a so it's a quarter training agreement in place, didn't we?
Megan Snow:Yeah.
Bill Betts:If that person left within the first month of that qualification, they would owe us 90% of the money back.
Bill Betts:And then it was a sliding scale, wasn't it?
Bill Betts:Down to probably a year, I think.
Megan Snow:Yeah.
Megan Snow:And those sliding scales work well if you think about, you know, as I just mentioned about the return on investment.
Megan Snow:So you know, the further away is from them doing the course or the further into the course they are, you are actually starting to see the rewards of that anyway.
Megan Snow:You know, after a year you would like to think that they had been demonstrate and those additional skills that they'd learned and that you had actually received, you know, your, your return on investment for that.
Bill Betts:Yeah, yeah.
Bill Betts:So still on the contract, I think another part of that question was there was like a non complete, non compete clause in the contract as well.
Bill Betts:You often get asked people to put non compete clauses like if you leave, you can't set up within like 20 minutes or 10 miles.
Bill Betts:How do they get.
Megan Snow:So I do actually include those in my contracts but I do also tend to make people aware that they are kind of a deterrent and they're not particularly enforceable.
Megan Snow:They can be if they're written properly and they're reasonable.
Megan Snow:But if you put in there and sometimes, you know, clients will say, oh, can we put in there?
Megan Snow:They can't set up within a 20 mile radius.
Megan Snow:Well, actually that's not reasonable.
Megan Snow:Is somebody setting up a business 19 miles away really going to impact your business that much?
Megan Snow:Or we might have somebody want to put one in there for five years or three years.
Megan Snow:And again, is that really reasonable?
Megan Snow:Because when, if it were to sort of be taken to court, they would look at whether it was reasonable and also if it was preventing that person from actually sort of making a livelihood and if it was, then it's not likely to be deemed reasonable unless the business can demonstrate why it's so important that they can't set up within that radius.
Bill Betts:Yeah.
Bill Betts:So when we talk about taking into court, that wouldn't be an employment tribunal.
Bill Betts:That would be like a breach of contracts kind of.
Megan Snow:Yeah, yeah.
Bill Betts:That's going to be a lot of money in it.
Megan Snow:This is the thing as well.
Megan Snow:Like it's probably not going to be worth your time, your stress and the money that it costs you to fight it, particularly if you know it is 10 miles away and it probably isn't going to really impact your business.
Megan Snow:Obviously you don't want someone setting up next door.
Megan Snow:That's not ideal.
Megan Snow:And that probably would, would be reasonable if it was a small radius and just for a limited amount of time as well.
Megan Snow:I think the new Labour government actually had prop at some point to reduce the amount of time that you're legally allowed to put on a non compete because there's no set time at the moment and I think they were saying to reduce it to three months.
Megan Snow:Right.
Megan Snow:But again that's not actually happened.
Megan Snow:It was just a proposal.
Bill Betts:Yeah.
Bill Betts:I mean if they took all your clients details and obviously there's breach of data protection and stuff like that in there, isn't there?
Bill Betts:But that's a, that's a different matter really, isn't it?
Megan Snow:And it's a different clause as well.
Megan Snow:So there is a place for non compete clauses.
Megan Snow:But actually what I think is more important is a non solicitation clause and they are a lot more enforceable because what that says is, you know, you can't take customer contact details, you can't contact our customers when you lead things like that.
Megan Snow:So that obviously is a lot easier to justify from a business perspective why they can't do that and it's not preventing them from making a livelihood.
Megan Snow:They can still get clients, they just can't get your clients hearing those words.
Bill Betts:Like non solicitation clause.
Bill Betts:You know, we all have it in our heads what we're trying to think of and what we're trying to get across.
Bill Betts:But it's you that has the actual phrases and the terminology because once you say that it's like of course it's, it's obvious, isn't it?
Bill Betts:But yeah, how do we explain that?
Bill Betts:How do we put that across?
Bill Betts:So yeah, it's interesting.
Bill Betts:I'll take it.
Bill Betts:Our contract's got that.
Megan Snow:It has, don't worry.
Bill Betts:Okay, cool.
Bill Betts:So when, when someone's.
Bill Betts:So we obviously we've, we learned that we have to issue a contract to all new employees.
Bill Betts:That's the law on the day that they, they arrive at your place.
Bill Betts:If you, if you've got an apprentice.
Bill Betts:I get a lot of inquiries about apprenticeships.
Bill Betts:What kind of contract does an apprentice need?
Bill Betts:Is there anything different?
Megan Snow:Yeah, so they would still have an employment contract and they obviously have the apprenticeship agreements with the apprenticeship provider.
Megan Snow:But what you might want to consider with an apprentice contract is actually putting them on a fixed term contract just for the duration of the apprenticeship.
Megan Snow:It might be that you intend to offer them employment afterwards but you never quite know how they're going to pick it up, how they're going to take to it.
Megan Snow:So I would always advise to do it on a fixed term contract basis.
Megan Snow:So at the end of their apprenticeship there's no obligation on you to provide additional work, but you know you can if you want to.
Megan Snow:And then you'd issue another just permanent employment contract.
Megan Snow:So that would be the key difference really.
Megan Snow:But also including things about their training and you know, they have to keep up with their studies.
Megan Snow:If they're not, then you would reserve the right to maybe carry out a disability disciplinary process with then and terminate the agreement because you are still investing in that apprentice whilst they're on an apprenticeship.
Megan Snow:So you don't want to be investing your time, your effort and then ultimately they're not, they're not giving that back.
Bill Betts:And there's been scenarios where the actual apprenticeship provider has withdrawn the apprenticeship from the person, has that then void the contract that you have with that person.
Megan Snow:Yeah.
Megan Snow:So again it'd be good to have something written into your contract that says if that happens your contract terminates.
Megan Snow:So that should really be included in an apprentice contract.
Megan Snow:And also things such as the right to change the training provider.
Megan Snow:So if that happened.
Megan Snow:But you thought, you know what, no, I can really see potential in this apprentice, you could actually move the apprentice to another provider.
Megan Snow:So there are a few different things that you'd want to put in an apprentices contract.
Bill Betts:Cool.
Bill Betts:And then one question I have around that is actually the apprenticeships are generally sort of 12 months long and they're put across as 12 months.
Bill Betts:But the actual assessment period can.
Bill Betts:The EPA, I think it's called, can actually be a.
Bill Betts:You know, it could be 15 months after.
Bill Betts:So they do the 12 months apprenticeship but the actual assessment could be a few months later in your.
Bill Betts:Do you have to keep extending your contract or do you just say when your apprenticeship ends rather than a physical date?
Megan Snow:You can say when the apprenticeship ends.
Megan Snow:How I tend to do it is I will put the anticipated end date, but then I'll say if you've not finished the apprenticeship by this date, then the company will consider a reasonable extension to allow you to complete it and then maybe do it.
Megan Snow:If you have a date of when the EPA is, then you can obviously extend it and put that finish date or if not just keep rolling it on.
Megan Snow:But you know, until the apprenticeship is actually completed.
Bill Betts:Yeah, growing pains of the apprenticeship.
Bill Betts:I think they enrolled lots of apprentices but haven't kept up with the.
Megan Snow:Yeah, the EPA's tend to be a bit of a sticking point at the end because the apprentices sort of ready and they're all good to go.
Megan Snow:But they're just waiting on a date for the epa, which is a shame sometimes.
Bill Betts:Yeah.
Bill Betts:So our apprentices come into the end of their apprenticeship, they've passed their endpoint assessment, do we need to do a new job offer for them onto a full time contract or do we just have that discussion with them and issue them with a full time part time contract?
Megan Snow:Yeah, so I guess it depends what contract they had as an apprentice.
Megan Snow:If they had a fixed term contract then you just reissue a new contract, a permanent employee contract.
Megan Snow:You would take their start date from the start date of the apprenticeship though, because their service would continue.
Megan Snow:But yeah, then you'd just issue a new contract and state that start date in the new contract.
Megan Snow:It's also nice sometimes to send a bit of recovery note with it like congratulations, your hard work has paid off, you've now passed your apprenticeship or at least have that conversation with them and just sort of congratulate them on passing.
Megan Snow:But if they had just a standard contract, it wasn't a fixed term, then you wouldn't necessarily issue a new contract, you just issue a change of terms letter that again says, you know, congratulations, you've passed your apprenticeships, these things will change.
Megan Snow:All of the terms and conditions remain the same.
Megan Snow:So you know, the rate of pay is likely to change their job title, things like that.
Megan Snow:So you just confirm the bits that had actually changed.
Bill Betts:Yeah.
Bill Betts:Cool.
Bill Betts:Can we just stay on the contracts side of things?
Bill Betts:Because I have another question coming to my head and I remember hearing you say sometimes that zero hour contracts can be quite tricky, but they can be quite favorable for people that are a bit worried about that commitment.
Megan Snow:Yeah, so they can be tricky.
Megan Snow:They are more tricky and especially when it comes to things like calculating holiday payments.
Megan Snow:But I think there is also a place for zero hour contracts as well because the flexibility, if they're done right, the flexibility works both ways.
Megan Snow:It's just, I guess the difficulty comes with people not using them correctly and, you know, sort of trying to still have all that control as though they were on a normal contract, but they're not allowing the employee to have that flexibility of the contract too.
Megan Snow:So it's one side of flexibility.
Megan Snow:And you may have seen the government as well are proposing to ban zero hour contracts, although the wording is to ban exploitative zero hour contracts.
Megan Snow:So what it might mean is they just change how you can use them or they might ban them altogether.
Megan Snow:Not sure yet.
Megan Snow:But the reason that they're proposing those changes is because some employers do sort of have that one sided flexibility where they Kind of want all the benefits of the zero hour contract for themselves but there's no benefit in it from the employee for the employee.
Bill Betts:Sorry, just out of interest, how does it work?
Bill Betts:So if we issue someone with a zero hour contract, do you have to agree the hours for the week at a certain point or can you literally just phone them up and say can you come in tomorrow?
Megan Snow:So the contract will be really important because what you do in the contract is you'll set out exactly how it will work.
Megan Snow:So as long as you agree on how it will work before then it kind of is okay however you do it.
Megan Snow:But yeah, the contract will be so important for zero hours because that's what you'll use to, you know, prove that this is what we'd agreed we were going to do, this is what we've been doing.
Megan Snow:And also when you're writing the contract you might realise when you're putting it all down in writing actually that's very one sided and that probably isn't the best way to go about it.
Bill Betts:So there's a bit of thought that needs putting together.
Bill Betts:If you were going to go and draft a zero hours contract you'd probably be asking well what's the arrangement going to be?
Bill Betts:When are you going agree the hours for the week?
Bill Betts:You know, how much notice are they going to have?
Bill Betts:Yeah, that sort of stuff.
Bill Betts:So it's not just the, I'll just get a zero hours contract.
Bill Betts:There's a, there's a lot of thought that has to go into it first, isn't there?
Megan Snow:Yeah, a lot more thought.
Megan Snow:And with the holidays it honestly can be so complicated to, to calculate those and it'll be really important to have really good records of when your employees worked because that's what you're used to calculate their holiday entitlement.
Megan Snow:I mean you have to sort of work out an average over the past 52 weeks.
Megan Snow:So from an administrative perspective as well, it's a bit of a nightmare.
Bill Betts:Yeah.
Bill Betts:But you know, I suppose again people think, and I may, I may have fallen for this as well actually like that assumption.
Bill Betts:Well, if I don't want a zero hours contract, does it have to be 15, does it have to be 30?
Bill Betts:I can't afford to issue a 30 hour contract.
Bill Betts:But actually we've worked together, haven't we?
Bill Betts:And I've got someone on eight hour a week contract.
Bill Betts:Yeah, you can negotiate the hours and.
Megan Snow:I think that's the best thing to do.
Megan Snow:So what I'd always advise clients that come to me and say can I have A zero hour contract is say, you know, obviously, yes, but have you thought about doing it this way?
Megan Snow:And you know, is there a set minimum number of hours that you would definitely be able to offer every week?
Megan Snow:You're confident that you'd have that amount of hours for them?
Megan Snow:And more often than not it will be a yes.
Megan Snow:You know, definitely eight hours, definitely 16, even four hours.
Megan Snow:And then it's a lot more easy to, you know, things like holiday pay becomes easier.
Megan Snow:You still have to have an average of their pay so that the pay is reflective when they take holiday of what they have actually worked.
Megan Snow:But if they have that minimum number of hours, you can just offer overtime and then.
Megan Snow:Yeah, we do everything based on that minimum number of hours that they are contracted to.
Bill Betts:Okay.
Bill Betts:I hate holiday.
Bill Betts:It really confuses me.
Megan Snow:I know.
Bill Betts:And there's always like holiday calculators on websites and stuff, but I'm like, no, just give it to Megan.
Bill Betts:And then I think a few tries, we get it right, don't we?
Megan Snow:Yeah.
Megan Snow:And yeah, you're not the only one.
Megan Snow:It can be complicated, especially when bank holidays and stuff are thrown in as well.
Megan Snow:I think it just throws some people off a little bit.
Bill Betts:Yeah.
Bill Betts:Someone gets married, we get an extra bank holiday put in the mix.
Bill Betts:It's like so going on to.
Bill Betts:We're talking a little bit about proposed legislation and you know, obviously a minimum wage could be going up again.
Bill Betts:It's also caused a bit of worry about, about this employing people within my group and I've seen a few groomers now starting to look at the option of they may have members of staff and then they think, well, actually I'll just turn them into table renters.
Bill Betts:I really struggle to see how this works, but I was hoping that you could give us some clarity around employers rights and employees rights when it comes to, you know, flipping your employees into a table renter and how that might work.
Megan Snow:Yeah, I mean, the first thing I'll say is it's not an ideal muse from an employment law perspective.
Megan Snow:It's not ideal.
Megan Snow:And the reason I say that is because it has to be a genuine change of the employment relationship.
Megan Snow:So it's not.
Megan Snow:You can't just use that as a way to get out of paying holiday pay and sick pay, because that's illegal.
Megan Snow:And I get it, I do get it.
Megan Snow:It can be scary, especially with all these changes.
Megan Snow:And you might think, you know what, I don't want employees.
Megan Snow:It's easier to have a table rent as somebody self employed, there's less responsibility, etc.
Megan Snow:But if what you're going to do is turn them into a table renter and treat them as an employee, you're likely to get yourself in some bother.
Megan Snow:And what would happen is if they ever made a claim, you'd have to back pay, you know, all of that holiday pay, the sick pay, things like that, and likely would get some fines as well.
Megan Snow:So it's kind of not worth it unless you are genuinely changing the employment relationship.
Bill Betts:So the way I see it, the way I try and get my head around it, is that you're thinking that your business is struggling, you're struggling to pay the bills, you're struggling to pay your staff.
Bill Betts:So there is a legitimate redundancy kind of business case there.
Bill Betts:So you're effectively looking to make your staff redundant and then offering them the opportunity to rent a table in your salon afterwards.
Bill Betts:That's the only way that I can see that happening.
Megan Snow:So there are.
Megan Snow:Yeah, I mean, there are two ways to do it.
Megan Snow:So redundancy is one.
Megan Snow:So if the reason that you wanted to make the change is because I can't afford my employees, then you are in a redundancy situation because you can't afford your employees and you need to reduce the amount of employees or get rid of all of your employees because you can't financially sustain them anymore.
Megan Snow:So that is a genuine redundancy situation.
Megan Snow:But there is another way to do it whereby you would essentially terminate their contract and then offer to re engage them on new terms.
Megan Snow:So I mean, either way you have to terminate the current contract.
Megan Snow:So it's whether you do it through redundancy or through dismissal.
Megan Snow:Now the redundancy option would be follow a redundancy process, you get rid of them, you terminate the contract, you pay them any redundancy pay their owes.
Megan Snow:And then, yes, you say, oh, I do have this option to round a table if you're interested.
Megan Snow:And then it's up to them whether they want to or not.
Megan Snow:The dismissal route is you dismiss the employee for what is called some other substantial reason.
Megan Snow:So there are five legally fair reasons to dismiss somebody and one of them is some other substantial reason.
Megan Snow:So it's kind of like it covers everything else that doesn't fit into the other.
Megan Snow:So that's what you would use.
Megan Snow:And you would essentially say, you know, the way I want to operate, my business is changing.
Megan Snow:I want to terminate your current contract and engage you on these new terms.
Megan Snow:But obviously with that comes the possibility that you'll get an unfair dismissal claim.
Megan Snow:Because what we tend to think about is what's best for the business.
Megan Snow:But do employees that are employed actually want to be self employed?
Megan Snow:Because if they did, would they not have gone and find a self employed role anyway?
Megan Snow:So if they don't agree to it, then you have to dismiss them and you're like unilaterally terminating the contract that you've both signed and agreed to.
Megan Snow:And they don't agree with that.
Megan Snow:So they could then take that to an employment tribunal.
Bill Betts:The way I sometimes look at it and think if I, I can see the business case for it, I can see the business side of it.
Bill Betts:There's, there's fear, there's bond to save money, there's, you know, stress around managing employees and dealing with legislation.
Bill Betts:Obviously all that stress is given to you for us.
Bill Betts:But as an employee, I used to be an employee, you know, and I kind of look at the other side of the flip side of it.
Bill Betts:You're like, you want to take away all my holiday, you want to take away my sick pay, you want to take away my, my protections and just say, there you go, you go make your own money.
Bill Betts:Praise.
Bill Betts:I would, I fathom, I don't understand why people agree.
Megan Snow:Yeah, how would you even get that agreement?
Bill Betts:Yeah, how would you agree?
Bill Betts:If you're an employee, why would you agree to have all that taken away from you?
Bill Betts:Security, sick pay, holiday pay and everything like that to then have to go out there and market and build your own business?
Bill Betts:That's where I really struggle with that bit.
Megan Snow:And I guess the reason that somebody might agree to it is because with that should come increased flexibility.
Megan Snow:They don't have to work, they don't have to work when they're told to work.
Megan Snow:They can choose as and when, you know, they, they can do the work however they want to.
Megan Snow:So the odd person, it might actually appeal to them.
Megan Snow:But as a rule, I would say generally if somebody is employed, they're employed because they want to be an employee.
Megan Snow:They, they want those holidays, they want the sick pay, they don't want to have to sort out a self assessment, they just want it all done for them, which you know, is completely fine.
Megan Snow:But if you're trying to force them to go self employed and they don't want to, it's just not gonna, it's just not a favorable position to be in.
Bill Betts:I think I'd be like, no, maybe redundant.
Bill Betts:I'll take the redundancy, thanks.
Megan Snow:Yeah, yeah.
Bill Betts:And go somewhere else.
Bill Betts:But yeah, it's, it's a very tricky one and I, I completely sympathize, you know, with People who have employees, you know, it is stressful, it is hard work.
Bill Betts:There's a lot of admin behind the scenes.
Bill Betts:You know, we've got 100 grand salary bill to sort of look after at the end of the day for us personally and it's, and I was talking to someone the weekend and it is a weight on your shoulders.
Bill Betts:It is a, you know, a weight.
Bill Betts:But also there are some real positives to having employees and it might be that the business model just isn't working quite right or taxes aren't working or you've not got enough support to help you with all this.
Bill Betts:So there are other ways of doing it, isn't there?
Megan Snow:Yeah, I think before jumping into that decision because it's, it does come with a lot of risk because I think even with the best intentions, if you're like, yeah, the employment relationship will completely change.
Megan Snow:They'll have their own business, they'll get their own clients, have their own pay at card machines and stuff.
Megan Snow:When you've been working with someone for a certain way for so long, it's easy to slip back into those habits.
Megan Snow:So I think it should always be a last resort and actually you should think, oh, do I need to reduce my employees hours?
Megan Snow:Do I need to outsource some of the admin tasks?
Megan Snow:Asks is there anything else I can do first?
Bill Betts:Yeah, quite often I see with some of my clients when they first start off or we're talking about changes in their business, you know, we as humans, we quite often go down the path of least resistance.
Bill Betts:And I suppose if a business owner has so much fear and anxiety around increasing prices, talking to customers, you know, about imposing new prices, new services, that's a lot of like time and effort and worry and fear.
Bill Betts:Sometimes that path of least resistance might be I'll just get rid of my staff, you know, and that's the easy way to go.
Bill Betts:But I just don't know if it is.
Bill Betts:I don't know.
Megan Snow:Yeah, and I think it's the easy way to go if it all goes right potentially.
Megan Snow:But when it goes wrong and if you do end up having a claim, then it won't be, it won't be an easy way out.
Bill Betts:No, unfortunately it won't be.
Bill Betts:But when it comes to talking about like employment tribunal and stuff, is it something that.
Bill Betts:Do we normally have this kind of insurance when we take out business insurance or is this something that we really need to ask for?
Megan Snow:So yeah, you should definitely check your insurance policy.
Megan Snow:So employee liability insurance should cover things like this, but absolutely check that it does, yeah.
Bill Betts:Yeah.
Bill Betts:For tribunals.
Megan Snow:Yeah.
Bill Betts:They won't be paying for that as well.
Bill Betts:Just take a bit of a stress off.
Bill Betts:So maybe we can just touch a little bit on some employees rights, because I think that's really important.
Bill Betts:I met someone at Crufts who was working for a company and that kind of inspired me to get in touch with you and talk about this, because she was having a bit of a rough time.
Bill Betts:But can you set out, like, roughly what are your rights as an employee, what your basic rights are?
Megan Snow:Employees have a lot of rights, I think.
Megan Snow:So I.
Megan Snow:I sort of listed a few key ones that I think we should go through, but this list is literally not exhaustive.
Megan Snow:There are a lot of employee rights, but we've spoken a lot today about unfair dismissal, but that is a really important one.
Megan Snow:So they have the right to not be unfairly dismissed.
Megan Snow:So, as an employer, we need to be really careful that if we are letting staff go for whatever reason, whether it be redundancy, conduct, performance, that we're following a fair process.
Megan Snow:So, you know, get in touch with a professional, read up on acas disciplinary and grievance procedure, things like that, to just make sure that you are doing everything fair with regards to the law, because you might feel something's fair, but actually something feeling fair and something being legally fair could be quite different.
Megan Snow:So that's a key one.
Megan Snow:And then we've also touched on discrimination.
Megan Snow:And again, everybody has the right to not.
Megan Snow:Not be discriminated against.
Megan Snow:So as a business owner, make sure you are aware of the protected characteristics and you know that you're not doing anything that could disadvantage somebody because of one of those protected characteristics.
Megan Snow:Okay.
Megan Snow:They're kind of like general ones, but in terms of more specific rights that employees have.
Megan Snow:They have the right to an employment contract.
Megan Snow:So as you mentioned earlier, on or before their first day of employment, they should have a written employment contract issued to them.
Megan Snow:They also have the right to a safe working environment.
Megan Snow:So health and safety, you need to make sure that, you know, the premises that you're employing people on is fit to have employees there.
Megan Snow:Now, I'm not a health and safety expert, but things such as fire exits, first aid boxes, you know, the real basics of health and safety, making sure there's a toilet that they can use, things like that.
Bill Betts:That is personal point that you make here, because I actually did a coaching call with my program clients last night, and we were talking, or I was talking at them about health and safety, because we've done a lot of work within our business over the last few months around the health and safety.
Bill Betts:And there are salon owners out there that, you know, again, it's probably a bit like getting a handbook and getting contracts and it all gets too much and it gets put away and put some.
Bill Betts:Gets put on the bottom of the pile, bottom of the list.
Bill Betts:But this is really essential stuff.
Bill Betts:So there's owners out there, salon owners out there that haven't got fire extinguishers, smoke alarms, you know, all sorts of stuff like that.
Bill Betts:Real basic first aid kits and stuff like that.
Bill Betts:But like you said, it's that it's the employee's right to be in a safe working environment.
Bill Betts:So you've got to make sure that, you know, there's a lot of legislation out there to.
Bill Betts:To beat you with if.
Bill Betts:If it all goes wrong.
Megan Snow:Yeah, absolutely.
Megan Snow:And we've spoken about insurance policies.
Megan Snow:Potentially there's something in your insurance policy that actually says, you know, you're not covered if you don't have these things.
Megan Snow:So it is really important that you've got the basics, you know, at least the bare minimum that you need to provide a work, a safe working space for your employees.
Bill Betts:Yeah, and health.
Bill Betts:And when you mention health and safety to me, it's just completely blocked.
Bill Betts:I get completely blocked.
Bill Betts:And it's actually something that Emma took on because she was trying to ask me for some help and I was like, I don't know what to do.
Bill Betts:And she.
Bill Betts:She went and did it all in the end.
Bill Betts:So I'm really pleased with that.
Bill Betts:But I'm.
Bill Betts:I've actually made contact with a health and safety advisor and business owner and hopefully they're going to come on and do a podcast with us to give some the same way as you like.
Bill Betts:What are the basics that we need to look after to make sure we're compliant?
Megan Snow:Yeah, I think that's a really good idea because particularly in dog grooming as well, like the.
Megan Snow:Generally the building needs to be safe, but there are also some hazards within, you know, the industry.
Megan Snow:You're dealing with sharp scissors for a start, you know, and then the health and safety of the dogs as well.
Megan Snow:So a lot of people will put in their contracts and handbooks, you know, that they can't be left unattended, all the gates have to be closed at all times, things like that, because it's the health and safety of your employees.
Megan Snow:But actually, you know, your customers, the dogs, anybody that comes into that building, you're responsible for, that's it.
Bill Betts:Water, chemicals, and then, you know, all this stuff doesn't mix Very well.
Bill Betts:And we've got it all going on in a very closed environment, along with, you know, work experience, along with, like, student placements, along with young apprentices.
Bill Betts:You know, all this stuff is like, it's a recipe for disaster.
Bill Betts:Don't work with, like, people and animals.
Megan Snow:Yeah, exactly.
Bill Betts:To consider, isn't there?
Bill Betts:And I think a lot of us fall foul of.
Bill Betts:Well, I'm an adult and I wouldn't touch that when it was on or hot.
Bill Betts:That doesn't mean someone else isn't going to do that.
Megan Snow:And with apprentices as well, they're new to the workplace and something that might be obvious to somebody like us that's been in the workplace for a while, it might not be obvious to somebody that hasn't worked before.
Bill Betts:That's it.
Bill Betts:Don't lick scissors, they're sharp.
Bill Betts:But, yeah, we make a little bit of a joke about it, but I basically said to a client yesterday, you know, health and safety is there to protect your staff, protect the people that was visiting your salon and to keep you out of prison.
Megan Snow:Yeah, yeah.
Megan Snow:Because ultimately, if it is a serious breach, that's how it could end up.
Bill Betts:Yeah.
Bill Betts:And you only got to look at the news at the moment.
Bill Betts:There's stuff in the news where people are being prosecuted and appealing their sentences and stuff like that.
Bill Betts:And God forbid, it never happens to any of us.
Bill Betts:But, you know, we.
Bill Betts:We have to plan for the worse and, and make sure that we're.
Bill Betts:We're set up.
Bill Betts:So that's, you know, a sideline.
Bill Betts:But everyone's got a right to work in a safe environment.
Bill Betts:That's really important.
Megan Snow:Yeah.
Megan Snow:And then another sort of area of employee rights is their right to certain types of leaves.
Megan Snow:So most people will probably be aware that employees have the right to statutory sick pay if they're off sick.
Megan Snow:So the first three days of a sickness would be classed as waited days and they're unpaid.
Megan Snow:But from the point day of a sickness absence, the employer does have to pay statutory sick pay if the employee qualifies, and the qualifying criteria is essentially a lower earnings limit, which is, I think about £123 a week at the moment.
Megan Snow:So if they were eligible, then the employer does have to pay statutory sick pay and that can't be claimed back anymore.
Megan Snow:So that is a cost to the employer.
Bill Betts:And it's not free working days.
Bill Betts:It's three days, isn't it?
Megan Snow:Yeah.
Bill Betts:If it goes over a weekend, you don't work.
Bill Betts:That doesn't matter.
Bill Betts:It's three days.
Megan Snow:Yeah.
Bill Betts:Okay.
Bill Betts:I remember the days when we Used to be able to claim that back.
Megan Snow:Yeah, see, it was kind of before my time in hr, to be honest, but I know that you did used to be able to claim it back.
Bill Betts:You've been showing me up on my age today.
Megan Snow:Sorry, that's the second time I've done that today.
Bill Betts:I know.
Bill Betts:Thanks.
Bill Betts:Okay, so statutory sick pay.
Megan Snow:Yep.
Megan Snow:And then there are also things such as paternity leave, maternity leave, shared parental leave.
Megan Snow:Now, again, there are qualifying criteria for those things.
Megan Snow:Every female that has a baby would be entitled to maternity leave, but they're not all necessarily entitled to the pay.
Megan Snow:So again, that's based on how long they've worked for you, whether they'd get the pay or not.
Megan Snow:Paternity leave, actually, not everybody's entitled.
Megan Snow:Again, it depends how long you've worked there.
Megan Snow:And same with the pay for paternity.
Megan Snow:A shared parental leave, again, is the same.
Megan Snow:There's then things such as time off for a dependent.
Megan Snow:So that is.
Megan Snow:I think we might have covered this in the previous podcast, but time off for a dependent should be used in an emergency situation where you have to go and support a dependent.
Megan Snow:And a dependent could be, you know, a child partner, husband, wife, grandparent, parent, potentially a grandparent, anybody.
Megan Snow:That sort of depends on you personally.
Megan Snow:If they have an emergency, then employees are automatically entitled to that leave.
Megan Snow:It is unpaid, although you can choose to pay if you want to.
Megan Snow:And then there's also a new one that I don't know if people heard me banging on about earlier this year, but carers leave.
Megan Snow:So that's a new leave that was introduced in April, which is if you are a carer for somebody or if your employee is a carer for somebody, they have the right to a week off each year in each 12 month rolling period to arrange provisions for that person with regards to their career.
Bill Betts:So there's carer of adults, care of children.
Bill Betts:So if you're a carer for your.
Megan Snow:Yeah, just a carer for anybody, as.
Bill Betts:Well as the carer for a child.
Megan Snow:Yeah.
Megan Snow:And the difference between carers leave and dependent leave is that dependent leave, that's for an emergency situation, whereas carers leave, it will be planned, you know, you request it with notice, whereas, you know, in an emergency situation, it's not planned, you don't request it.
Megan Snow:It's just, oh my God, I can't come in today.
Megan Snow:I've got to do this steps.
Bill Betts:All right.
Bill Betts:Okay, okay.
Bill Betts:This.
Bill Betts:And again, you know, all this is on the government websites to try and work out, but it's, it's it's an impossible task to try and work this stuff out.
Bill Betts:And I can see now someone coming to you saying, all right, this situation, I've got someone that's, you know, expecting a baby.
Bill Betts:How much do I pay them?
Bill Betts:And I think that.
Bill Betts:I bet the first question you say was, when did you employ them?
Bill Betts:And if you haven't got that, if we haven't got those basic details right and the contract right, then all starts to unravel a little bit, doesn't it?
Megan Snow:Yeah, exactly.
Megan Snow:And, you know, we said there's so many employment rights, but that again, we always end up coming back to the handbook.
Megan Snow:But that's where the handbook is really useful, because that actually covers all the employee rights in there.
Megan Snow:Because, you know, if you're trying to look on the government website, but you don't actually know what you're looking for, there's bits scattered around everywhere, isn't.
Megan Snow:There are different things and it will have all the information.
Megan Snow:But if you don't actually know everything you're looking for, you're probably not going to stumble across everything that you need.
Bill Betts:One question I've got, actually, is what.
Bill Betts:What if an employee comes in in the morning and, you know, they look like death.
Bill Betts:They.
Bill Betts:They're really struggling to do their work.
Bill Betts:They're not hungover, but they're just generally ill.
Bill Betts:And then the kind of employee that, you know, go above and beyond, they're always coming in.
Bill Betts:But when they're real and you don't want to.
Bill Betts:You don't want to have the.
Bill Betts:Get the flu yourselves, if you take them home and say that you need to go home, you're not fit for work, does that count as a sick day?
Bill Betts:Or do we.
Bill Betts:Do we pay them?
Bill Betts:What's the rules around that?
Bill Betts:Is there any rules around that?
Megan Snow:Yeah.
Megan Snow:So if you're sending an employee home, but they're willing and saying they're able to work, unless you have some medical note, like a doctor's note or something from a hospital saying that they're not fit for work, if you decide that they're not fit for work and you send them home, then you would have to make sure that's paid.
Megan Snow:So if you were to send them home, but they were like, well, I'm okay, I can work, I'm a bit ill, but I'm okay.
Megan Snow:And then you sent them home and you didn't pay them, they could make an unlawful deduction from wages claim.
Bill Betts:Okay, so I suppose your advice would probably be like, see if there's alternative work that they can do.
Megan Snow:Yeah, yeah, definitely.
Megan Snow:So, you know, are there any lighter duties they can do?
Megan Snow:Is there anything they can do from home?
Megan Snow:Can help you out with some admin, do some social media posts or something?
Megan Snow:Because ultimately if you send them home, you can end up paying them anyway, so you might as well ask them to do something.
Bill Betts:Yeah, I'm assuming, like, if someone had broken their arm and then, you know, the doctor will probably only sign them off for so long and then they're like, well, I can come in, you can.
Bill Betts:You can move around them, use your arm and stuff like that.
Bill Betts:But yeah, not always that much use if it's their working arm that they've broken, you know.
Megan Snow:Yeah.
Megan Snow:So in that case, you'd like to think that the doctor would put on the sick note, maybe fit for work with amended duties.
Megan Snow:And then if they come in, you have a discussion and you think, actually there are no amended duties, there's nothing else you can do, which sometimes might be the case, then you would be fine to say, you know, we don't have any amended duties, so actually you're not fit for work.
Megan Snow:And that wouldn't have to be paid, it would just be ssp.
Megan Snow:But if you did have additional duties, then you really should be offering it to them.
Bill Betts:Sounds like there's some very fine lines there, which would probably be best to consult someone like yourself about what those lines are.
Megan Snow:Yeah, I mean, I hate saying it all the time, but honestly, just with anything, just get some advice on it, because I'm sort of giving general advice here.
Megan Snow:But each case will be very specific, so I wouldn't advise anybody to make a decision based off a conversation like this because it might be that the circumstances are different.
Bill Betts:Oh, definitely.
Bill Betts:And you know, from working with pet Grooms, I know that every person runs their business differently.
Bill Betts:The salons are set up differently, roles are different.
Bill Betts:So it is all individual, isn't it?
Bill Betts:Circumstances.
Megan Snow:Yeah.
Bill Betts:Yeah.
Bill Betts:Cool.
Bill Betts:So a question's coming from Alison and it's about.
Bill Betts:It's probably covered in the handbook, but it's about loan working and whether what we need to consider for, like, health and safety and are they allowed to work on their own?
Megan Snow:Yeah, that's a really good one.
Megan Snow:So, yeah, employees are able to work on their own, but I would have a loan working policy.
Megan Snow:And again, I think that falls under health and safety.
Megan Snow:Really?
Megan Snow:But we've got one in your handbook, haven't we, Bill, about, you know, if you are working alone, then make sure people know, you know, when you're supposed to be working.
Megan Snow:Ideally you'd Want a manager or somebody to be checking in with them every few hours to just check that they are okay, making sure that you have a procedure in place in case something happens, who they're supposed to call, you know, what they're supposed to do.
Megan Snow:So yeah, really just setting that out in a policy somewhere.
Megan Snow:If somebody is going to be lone working so they know exactly what they should be doing and also say that there is somebody checking in to check that they're okay.
Bill Betts:Yeah, I think in our circumstances we often have people opening up half an hour to 15 minutes early.
Bill Betts:So we've kind of classed that as a lone working.
Bill Betts:And the rules are like, lock the door behind you and don't let anyone in unless they're a member of staff sort of thing.
Megan Snow:Yeah.
Megan Snow:And I can imagine that's probably quite common again in the dog grooming industry, that someone is alone, you know, for the first hour, half an hour or so whilst they're opening up.
Megan Snow:And you wouldn't necessarily have to have something in place that somebody checks up on you in that half an hour, but certainly, you know, locking the doors and just having a procedure in place of, you know, if something does happen while you're there on your own, what should you do?
Bill Betts:Yeah, cool.
Bill Betts:So we were talking about, you know, logging things and writing things down and I saw the other day that you put out that you've gone into partnership with a, with a company.
Bill Betts:Tell us about that.
Bill Betts:Because I think that might help people to get organized.
Megan Snow:Yeah, absolutely.
Megan Snow:So I'm really excited about this actually, and I did want to speak to you about it at some point though.
Megan Snow:But.
Megan Snow:Yeah, so it's a, hey, HR system and what that allows you to do is, well, all sorts really.
Megan Snow:But the key things that I think would be important for people, particularly in this industry, is that, you know, you can log absences on there, employees can book their holidays on there and it'll sort of take off the holiday from their entitlement.
Megan Snow:So, you know, a lot of people, when I go to write the contracts and I say, how did your holiday booking process work?
Megan Snow:They'll say, oh, they just asked me and I say, yeah, well, if there's ever a dispute about holiday, there's no way you can prove what was agreed if it's just verbal.
Megan Snow:So, you know, having that audit trail through a proper system, there's no doubt at all.
Megan Snow:It's clear to everybody, you know, where the holidays are, how many they've got left.
Megan Snow:You can also send out reminders on there if they're coming up to the end of the year and they've still got a lot of holidays to take, saying, you know, you need to book your holidays.
Megan Snow:So the holiday module is really good and I think that will really benefit business owners as well.
Megan Snow:It takes away the admin as well and the paperwork.
Megan Snow:You don't have to think, well, where's that holiday request form?
Megan Snow:Because it's all just in one system.
Megan Snow:You can access it from wherever you are.
Megan Snow:And it's also got a module where you can ask employees to clock in and out.
Megan Snow:So, you know, you could do it from a mobile phone or a tablet or something in your salon and they just clock in and out when they arrive, when they leave.
Megan Snow:So that's good for sort of monitoring timekeeping, but also looking back to see, you know, if somebody did have a day off, if there's a discrepancy with their sick pay or something, you know, exactly when they were in, what time they were in and things like that.
Bill Betts:I, I asked a company once and it's not.
Bill Betts:This isn't to spy on employees, this is to make it easy.
Bill Betts:But it does sound like it's SPIRAL employees.
Bill Betts:And I asked the company once if they could like Geocache, our, our shop.
Bill Betts:So put a ring around our shop and then when that employees HR app enters, that little ring fence, it clocks them in automatically.
Bill Betts:Because we have tried this clock in, clock out thing, you know, scan a QR code.
Bill Betts:Even, even my wife, like the owner of the business, forgot holidays, you know, so I was like, wife, if you could see that when they enter the, the, the five meters of the building, it clocks them in because they're there.
Bill Betts:He's like, I'm not sure privacy would really allow us to do that.
Bill Betts:But you get that with like, we've got an app for our kids.
Bill Betts:So I know when the kids have arrived at school, I know when the kids are arrived at home.
Bill Betts:I was like, surely we can just do that for employees.
Megan Snow:But I mean, you'd absolutely need their permission to do it.
Megan Snow:But yeah, I mean, potentially, if the system allowed you to do it.
Megan Snow:But I know exactly what you mean about the clocking in and clocking out, because if you work somewhere six months, five years, however long it is, and you've not had to do it, you're just not in the habit of doing it and it is difficult and especially when you're busy and you get to work and you think, right, I need to do this, this and this.
Megan Snow:You forget.
Megan Snow:Yeah.
Megan Snow:So it is about, in those initial stages, really putting in that effort to form those new habits and eventually it will click.
Megan Snow:But it does take a lot of.
Bill Betts:Time, does this, the new system, and store documents, pay slips, things like that.
Megan Snow:Yeah, so that's another thing that's really helpful.
Megan Snow:So it's got, you know, an employee file, so you can save all of the documents to it.
Megan Snow:You know, that contract, the handbook, you can choose which documents the employee can see, which documents only you can see.
Megan Snow:And again, because it's cloud based, you can literally access it from anywhere.
Megan Snow:So if you're on holiday, you need to check something, for example, you can access it from there as well, rather than everything being maybe locked in a filing cabinet or something and you've got no chance then, have you?
Megan Snow:So you can make sure that everything's in there and then if there are ever any issues or your meeting records and everything is in that file, you know exactly where to go for it.
Bill Betts:Yeah, yeah.
Bill Betts:And this is all about being organized, isn't it?
Bill Betts:Because it's all very well, it works while it works, but like you said, as soon as someone raises a query, a question, or, you know, you're looking at payroll and you're like, oh, have I paid too much or not enough?
Bill Betts:That's when the pain starts to come on.
Bill Betts:And I remember when, when running A to Z, we had like, I don't know, four, five, six members of staff.
Bill Betts:We didn't have a holiday policy.
Bill Betts:They had to request holiday on pieces of paper which got lost.
Bill Betts:You know, the folder was kept at work so I never got to see it.
Bill Betts:And, you know, it was just chaos.
Bill Betts:And then it was like, we're just going to hand it over to like a, an app and a system.
Bill Betts:And, and actually we don't, me and Emma don't actually do the holiday request anymore.
Bill Betts:We even handed that over to our receptionist to.
Megan Snow:Oh, okay.
Megan Snow:Yeah.
Bill Betts:Kim runs the diary, Kim runs the booking system.
Bill Betts:The holiday policy is like only one person off at any one time.
Bill Betts:So Kim is on the system to approve people's holiday and that's even less to do.
Megan Snow:And you can even put like rules into the system as well that says, you know, only one person allowed off at one time.
Megan Snow:So if another person did book it, you went to approve it at the flag and say, you know, there's two people off at that time, which is helpful too.
Megan Snow:Whereas if you're using paper records, you obviously don't get that little nudge.
Megan Snow:And that reminder.
Bill Betts:Does it do any like, payroll or anything like that at the moment?
Megan Snow:Yeah, you can run payroll exports from it as well.
Megan Snow:I've not looked at that module so much in detail, but you absolutely can run a report off it and then, you know, you could send that over to your accountant, ask them to pay however much it is.
Bill Betts:So, yeah, what's it called in told us.
Megan Snow:Keeping you all guessing.
Megan Snow:So it's called Breathe hr.
Megan Snow:So if anybody does want more information or would like to jump on a call and we can run through and I can demo the system for you, then just let me know and we can arrange that as well.
Megan Snow:But yeah, whether you use BREATHE or another system, they are really, really helpful for just making sure you're organized and they do genuinely save you, you know, time, money, stress.
Bill Betts:That's the big thing, stress.
Bill Betts:And, and people say, oh, it's another expense and, you know, more money that I have to find.
Bill Betts:But I just.
Bill Betts:The message I always say out is like, how much would you pay to sleep better at night?
Bill Betts:How much would you pay to have less stress?
Bill Betts:Or how much would you pay to have an afternoon off because you're not having to do all your HR stuff and stuff like that.
Megan Snow:Yeah, absolutely.
Megan Snow:And I think sometimes people overestimate how much these things actually cost.
Megan Snow:I mean, breed starts from £18amonth.
Megan Snow:So if you think about that in terms of maybe your hourly rate, how many hours would you save in a month by having all those processes automated?
Megan Snow:And would you actually therefore be benefiting financially as well as having that less stress and being able to sleep a little bit better at night?
Bill Betts:The investment in the business and you don't have to be a limited company to do this as sole traders.
Bill Betts:Can.
Bill Betts:Can use.
Megan Snow:Yeah, yeah.
Megan Snow:Anybody?
Bill Betts:Anybody?
Bill Betts:Excellent.
Bill Betts:Well, I think we've probably fried everyone's brains enough.
Bill Betts:I always, I'm always conscious that some of these conversations, and it's not because of you, but because of the topic, I can be quite negative and you know, oh, you know, it's really hard to employ people, etc.
Bill Betts:But I think we do, you do have to come with, come at it with your eyes open.
Bill Betts:And that's the reason why I want to get people like you on the podcast, is to show people that, you know, there is help available if we go into it with our eyes open, if we follow processes and do things correctly, you know, it doesn't have to be as bad as what Facebook tells you it is.
Megan Snow:No.
Megan Snow:And people are always going to have bad experiences and they're all.
Megan Snow:You're always going to hear about the bad experiences more than the good experiences.
Megan Snow:But actually, how many businesses are there out there with absolutely fantastic employees that really help to grow and contribute to that bottom line.
Megan Snow:But we just don't hear those success stories as much because, you know, especially on, you know, your Facebook group.
Megan Snow:My Facebook group people come for advice.
Megan Snow:They don't really come to say, oh my gosh, this happened today.
Megan Snow:It was amazing.
Megan Snow:You know, the questions are going to be more about negative things because they're asking for support and advice.
Bill Betts:That's very true.
Bill Betts:I must remember that as well.
Bill Betts:Yeah, I, I generally, I didn't really like being an employer.
Bill Betts:I, I love the fact that it's given people opportunity.
Bill Betts:It gives people friendship.
Bill Betts:You know, we've got a lovely little team that work really well together.
Bill Betts:Very happy.
Bill Betts:You know, the socialize and as groomers they have got a skill for life that they can take anywhere it potentially in the world.
Bill Betts:You know, I've got a client who used dog grooming to get her to New Zealand and she immigrated her family out there.
Bill Betts:So in being an employer is is really important and they can work really well for you as well as a business.
Megan Snow:Yeah, absolutely.
Megan Snow:You just need the right support around you and to make sure, you know, you have the right policies, procedures and everything in place.
Megan Snow:But it absolutely can work well for you.
Bill Betts:Yeah.
Bill Betts:Well, thank you for your time.
Bill Betts:Let everyone know how they can get a hold of you.
Megan Snow:Yeah.
Megan Snow:So you can add me on Facebook.
Megan Snow:It's Megan Snow.
Megan Snow:Obviously you can join my Facebook group.
Megan Snow:There's a link to it on my Facebook page.
Megan Snow:But it's HR support for small business owners.
Megan Snow:Or you can send me an email.
Megan Snow:My email address is meganourhrhandle.com Excellent.
Bill Betts:Thank you, Megan.
Megan Snow:That's okay.
Megan Snow:Thanks, Bill.
Megan Snow:Speak soon.
Bill Betts:Bye bye.
Megan Snow:Bye.
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Bill Betts:Sol.