Training in Copenhagen

At the end of November I delivered a training course on Advanced Negotiation Skills. OK, that’s something I’ve done quite frequently over the years, but this course had a slight difference.  This was the first course I’ve delivered as an Associate with CEDR.

It was wonderful working with my co-trainers: Andy Grossman has been delivering conflict resolution training with CEDR since “forever” (about 20 years) and has a wealth of experience; the third of our team was Phil Williams, a retired police officer who now specialises in delivering training around hostage and crisis negotiation.

Djøf delegates getting to grips with collective bargaining, November 2017

The trainees were all members of Danish organisation Djøf (the Danish Association of Lawyers and Economists), a trade union for lawyers, economists and a wide range of other skilled workers across all sectors.  Trade unions are much stronger in Denmark that the UK, with around 67% of workers in membership.  Indeed, the workforce takes a key role in the strategic direction of many businesses. As such, they operate at all levels of the business and often have a greater buy-in to business decisions than is the norm in the UK.

It was fascinating to see how the delegates worked through the course and embraced different aspects of negotiation. The emphasis was clearly on cooperation and people seemed genuinely uncomfortable even having to role-play situations where they had to hold a line and end up in conflict. Their explanation was that this is the Scandinavian way: being reasonable, finding the common ground and working towards a mutually beneficial outcome are second nature.

While Andy and Phil focused on negotiation theory, behaviour and motivation in negotiation, I focused on the collective aspects of negotiating in a workplace.

Like many unionised organisations in the UK, it’s common in Denmark for there to be multiple unions involved with an employer. To simulate that, we ran role-play scenarios where the delegates had to negotiate towards a pay agreement, given a range of restrictions and contradictions within which to find an outcome.

It was wonderful to see the range of approaches they came up with to present and justify their position, whether they were role-playing management or staff, and the enthusiasm with which they set about negotiating.  Suffice to say, it was encouraging that all of the groups were able to achieve their objectives and came away with a greater understanding of the challenges ahead when faced with real collective bargaining situations.

All in all, from a training delivery perspective, it was a thoroughly enjoyable experience!

 

Malcolm Currie

 

I’d be interested to know your thoughts on the topics raised in this article, so please leave a comment or, if you’d like to discuss anything more directly, please contact me at malcolm@strathesk.co.uk or give me a call on 07736068787.

SME Sickness Absence – Prevention or Cure, THAT is the Problem…

Most of my blogs have been about topics in the news that I find interesting, or on which I’d like to provoke a little debate, but this time round I thought I’d take a slightly different approach and reach out to people who, like me, run or work for small/micro businesses for whom sickness absence can be a massive headache.

 

Those of you who know me will be aware that I’m an “egg chaser”, a “spoiler of rugby matches”, or whatever other term you like to use to say that I referee rugby matches, something I took up after recovering from a dislocated knee and a rebuild when the ligaments ruptured.  I also like to cycle, run, climb mountains and do all sorts of other activities that have, over the years, taken a physical toll.

 

Over recent months, my knee had become increasingly painful to the point that, a few weeks ago, I found myself missing a train because I wasn’t able to run/walk fast enough from platform to platform to catch the connection.  This brought home that I needed some sort of medical intervention or I was going to end up not able to work, and therein comes the point of this blog.

Since I went self-employed, I have become painfully (sic!) aware that if I’m not working, I’m not earning.  Worse, because my business is relatively young, I don’t have a track record against which to claim appropriate lost earnings on my insurance (without the said insurance being prohibitively expensive).

 

So, what should I do?

I was already aware of Healthy Working Lives though having worked with an employer who needed their advice in making reasonable adjustments for a disabled employee (another of the services available).  However, in this case, I am more specifically describing the support they can provide for self-employed people or those working in small and medium enterprises, where possible preventing people from going off sick when an early medical intervention might keep them working.

For a small/micro business, the benefit of these approaches is 2-fold:

  1. the individual doesn’t lose income when they needn’t have done;
  2. the business doesn’t lose capacity to deliver for clients/customers.

This runs alongside Fit for Work (operating as Fit for Work Scotland north of the border), a UK-wide initiative aimed at getting people back to work quicker and “reduce the impact that absence has on individuals, employers and the State”, the main difference seeming to be that Fit for Work focuses more on people who are already off work.

 

How does it work?

Well, for me it involved me contacting the Healthy Working Lives advice line (0800 019 2211), answering a few simple questions about my working situation and the nature of the illness, then waiting for contact back.  The result was that I had an appointment with an NHS physiotherapist in less than a week, and, with her guidance, I’ve started a rehabilitation programme that should address the problem and stop it from developing to a stage that prevents me from working.  And if the programme doesn’t work, I’ll be referred to a Consultant who can review anything else that needs to be done.

It’s the second time I’ve needed to use the service since I started my own business, and my experience both times has been very similar, I got the medical support I needed when I needed it and avoided lost time off sick.  I mentioned this at a meeting of my local Chamber of Commerce last year and was amazed that I seemed to be the only SME owner who was aware of it, so I thought I’d share a bit wider that such a service exists.

 

I’d be interested to hear any other hints/tips that anyone out there might have, so please share them if you can.

Taylor Report on Employment – where now?

 We (OK, a few of us) were on tenterhooks waiting for the publication of the Taylor Report into employment practices in the UK, but will it make things clearer or further muddy the waters?

Uber, Deliveroo and Pimlico Plumbers have all been answering legal questions about the legitimacy of a business model that sees them, and other companies, claiming the people work for them are self-employed, so they don’t have to pay Employers’ National Insurance, pension, holidays, sick leave, etc., as their competitors do.  At the outset, Taylor commented that there were areas into which he wasn’t tasked to delve (tax & National Insurance, for example), so it hasn’t, perhaps, been the free and open review that had been called for by many.

There are, however, several aspects that are unlikely to go down well with factions of the Conservative government.  Speaking in May, Taylor said:

“As we encourage people to vote . . . to inform themselves of issues, to volunteer in their community, is it defensible to say that for eight or more hours a day they should accept being ignored, denied information, treated as mere cogs in a machine?”

That could easily be interpreted as a call to reverse moves by the Cameron Government to apply cumulative restrictions to the ability of trade unions to provide that voice.  It could also be that Theresa May’s surprise decision to announce in November:

“…we will shortly publish our plans to reform corporate governance, including … proposals to ensure the voice of employees is heard in the boardroom.” 

might actually come to fruition, though there has been precious little mention of the radical reforms of employment law mentioned in the run-up to the general election.

However, it also suggests that implementation of the Information and Consultation of Employees Regulations 2004 (ICER) hasn’t had the impact that it could and should have had.  Certainly, many trade union activists viewed ICER with suspicion, partly because merely informing and consulting can achieve relatively little without scope for negotiation. Similarly, some employers saw it as a way to prevent unions from getting access to their workplace.  However, those opinions have been changing over time, as demonstrated by the TUC’s “Democracy in the Workplace” report from 2014.  There is considerable evidence that employers that actively engage with their staff are more successful than those that don’t:

“Happy and productive people equals growth” (ACAS)

Many were calling for a simplification of the categories, preventing confusion over whether people are employees, workers or self-employed: instead, Taylor seems to be recommending that a further category is introduced, that of “Dependent Contractor”, something more than self-employed, clearly less than a worker, but that is presumably intended to level the playing field.

Quite how the Government will react to the findings is, frankly, anyone’s guess, especially with the level of distraction coming from Brexit, May’s increasingly slender majority, rumoured challenges for the Tory leadership (and, hence, the job of Prime Minister) and Labour apparently surging ahead of the Conservatives for the first time since the General Election, it’ll be a real surprise if they turn to this as a matter of urgency.  But it is the response of Government to these findings that will determine whether or not they make a positive difference for employers and those they employ.

Instead, attention will again be drawn to Uber’s fortunes in the Employment Appeals Tribunal in September.

From where I’m sitting, one answer is in the hands of every employer; improve your working relationship with your staff and, in turn, make the business more productive and more profitable.  That’s an area where I would certainly like to help.

I’d be interested to know your thoughts on the issues raised in this article, so please leave a comment or, if you’d like to discuss anything more directly, please contact me at malcolm@strathesk.co.uk or give me a call on 07736068787.

Anti-Bullying Week highlights a growing problem in UK workplaces

Bullying & harassment is a growing problem in UK workplaces, but we shouldn’t accept that as just a fact of life.  

Today is the start of Anti-Bullying week.  Designated by the Anti-Bullying Alliance (ABA), the focus is largely on bullying amongst children, but it also encapsulates issues that arise in the workplace.

What is workplace bullying?

Bully Online define workplace bullying as follows:

Bullying is conduct that cannot be objectively justified by a reasonable code of conduct, and whose likely or actual cumulative effect is to threaten, undermine, constrain, humiliate or harm another person or their property, reputation, self-esteem, self-confidence or ability to perform.

There are loads of other definitions, but they all boil down to very similar messages.

So why bully?

A few of the more commonly reported reasons are:

  • The bully is insecure, possibly because they are being bullied themselves;
  • They feel threatened that someone in their team may be more capable than they are;
  • They’ve been promoted into a management role but have never been properly trained to do it;
  • They are fitting in with the organisational management culture

Experience suggests that many perpetrators are unaware of the longer term emotional impacts of their behaviours.  To someone suffering at the hands of a bully it may seem trite to say so, but challenging the behaviour, and highlighting how it makes you feel as an individual, is often the most effective way to make it stop.  Sadly, the creeping vulnerability that develops when bullying continues unchecked, along with the perceived impossibility of building a case[1], often makes people decide it is easier to either suffer or leave their job.

All too often such behaviour flows from the top, especially from managers who pride themselves on “running a tight ship” or being “robust” in their management – just two of the many terms used to justify behaviour that is actually unacceptable, ones that can flag up the possibility that someone they manage may see their approach as bullying.

Economic Impact

Aside from the human effects, the economic impact is huge.  The performance of those being bullied drops, often they are off sick more frequently, and awareness of what is happening can have a serious impact on wider morale and productivity.  A year ago ACAS published a guide on tackling workplace bullying that referred to 2008 research indicating that workplace bullying costs the UK economy almost £18 billion.  Sadly, their recent evidence is also that bullying is on the rise, something no doubt exacerbated by the continuing economic difficulties facing many companies and organisations.

Let’s hope, for everyone’s sakes, that knowing more about workplace bullying will help to identify it and stop it.

 

 

[1] Of course, there ARE ways of building a case, get in touch if you’d like some advice.

Lidl v GMB – what’s going on?

food-healthy-vegetables-potatoesLast weekend there were news articles about Lidl’s decision to appeal against the ruling that they should recognise GMB union at their Bridgend depot – but why?

The story is reported on the GMB website, which handily also includes Lidl’s statement on the issue.

A significant majority of staff at Lidl’s Bridgend depot indicated that they wanted to be represented by a trade union in negotiations with the company. Lidl’s response was to reject the request for recognition that came from GMB. This was referred to the Central Arbitration Committee, the body that decides the outcome in such situations, who ruled that the union should be recognised. Lidl’s response has been lukewarm, with reports suggesting they are now going to appeal to the Court of Appeal against the CAC decision.

Setting aside the specifics of Lidl and GMB, the question then arises – why are so many employers hostile to unions?

Workplaces that have a union present have significantly better H&S records than those that don’t, they can access all sorts of training for their staff (union reps and members can access training through their union or STUC and TUC education programmes, as well as wider education through UnionLearn projects, etc.) that they would otherwise have to pay for. Being a representative is also a great way for staff to be exposed to responsibility and authority that would never occur in their day job, so there’s a good chance to see what they can do.

Aside from that, it helps meet obligations under the Information & Consultation of Employees Regulations that may otherwise be both problematic and ineffective.

So, with so much to gain, what is it that makes employers so reluctant to engage with trade unions?

Interestingly, around 70% of FTSE 100 companies recognise unions, so it can’t be THAT damaging to the bottom line.

History is a big factor – many, many employers (and workers) still view the union movement as a behemoth from the 1970s. But unions have changed, forced to evolve and adapt initially by legal changes through the 80s and early 90s, latterly by a drive to become more effective at representing their members in the rapidly changing world of employment. Before the last government decided to raise the hurdles for workers to take legal industrial action, it had already become a rare event – 2015 was the second lowest annual total for working days lost through strike action since records began in 1891 (the lowest was 2005).

There are costs – rates of pay in unionised workplaces are higher, and ensuring your workforce is safe and healthy takes investment, but more competitive pay also means they are more likely to attract better candidates when they advertise jobs, and it’s a good thing that people go home after work as healthy as they were when they started, so there are swings to those roundabouts.

I have long been a believer that the objectives of any workforce largely align with those of their employer – success for the company is in everyone’s interests. Hence my work to help and encourage employers to find the most effective way to interact with their employees to improve the company for whom everyone is working. Given the insights they have into the various levels and structures of your business, staff represent a valuable resource from which to better inform your next big decision. That doesn’t change because the staff want to be represented by a union.

However many people you employ, if you’d like help in improving the way you interact with your staff, whether or not there are unions involved, please get in touch – it could be the start of a new future for your company.  If you’d like to know more about the services offered by Strathesk Resolutions, please e-mail contact@strathesk.co.uk or call Malcolm on 07736068787.

What Can Strathesk Resolutions Do For You?

Approaching Bass Rock from the south

Strathesk Resolutions specialises in helping businesses to identify, resolve and, ideally, avoid individual or collective problems with their staff through targeted analysis, mediation, training, coaching and mentoring.

We draw on years of experience working collaboratively and constructively to achieve the right outcome to complex industrial relations situations.  We deliver straightforward advice, training and solutions that encourage and develop relationships based on understanding, cooperation and trust.

Our open and honest approach ensures fairness to all sides whilst guaranteeing the needs of both the individual and the organisation are properly considered. Having worked with Trade Unions for years we understand the need for clear and concise communication, whilst influencing and negotiating in an expert manner.

You can expect us to thoroughly explore your problems, ensuring that we properly understand the problem before we start working towards a solution.  We will also keep an open line of communication to ensure that you are fully aware and involved in developing approaches.

Depression Awareness Week – talking about it definitely makes things better…

DSCN0805

I didn’t want to see Depression Awareness Week pass without doing at least a little to promote it. Why? Because mental health is still a massive taboo in UK workplaces, with many people going through agonies to stop their colleagues, and especially their bosses, from finding out that they’re ill.

Only this week I was approached by someone asking if their employer is likely to see them as weak, a liability, if they are honest about being ill. It’s a shame, but that is still the overwhelming fear for people when they’re diagnosed. In spite of the fear, many organisations I’ve dealt with are actually reasonably aware of the problems that can arise and treat mental illnesses similarly to physical ones, but some, sadly, are a long way from that. The best way to start improving things is to speak about depression openly and honestly, and Depression Awareness Week presents an ideal opportunity to start that conversation.

As an employer, it’s worth remembering that depression can be a disability, so it’s important to get your approach to it correct, but also that it’s a common illness from which the vast majority of people recover (or can manage) with proper treatment – and a supportive employer can make a huge difference in successful recovery.

Accredited Mediator

While my previous career involved mediating between various parties on a regular basis, I’d never had my skills in this respect properly reflected through accreditation, so I decided it was time to address that. Thanks to training provided by The Mediation Partnership, I am now accredited mediator.

The training was both interesting and challenging, featuring a number of role play scenarios that were outside of my previous experience and allowed a wide-ranging exploration of approaches and techniques to develop my skills.

The course is accredited by the Scottish Mediation Register.

 

Targetted training!

Strathesk Resolutions design and deliver customised mentoring and advanced coaching programmes beginning with a training needs analysis to identify specific requirements.

These provide training and assistance in areas as diverse as:

  • Negotiating with employers or employees,
  • Handling bullying & harassment in the workplace,
  • Succession planning.

We’re also developing courses on ‘Working in Partnership’ and the ‘Information & Consultation of Employees Regulations’ to help you decide the best model for your organisation to engage with your staff over more difficult issues.