Striking the right balance: The increasing importance of HR and legal coordination

As HR faces the challenges of the Employment Rights Bill, Lindsay Gallard, Chief People Officer at Six Degrees highlights the need for the function to work closely with its legal advisers.

There’s a lot of hyperbole in modern politics, so when I hear MPs talking about game-changing policies, revolutionary approaches and new eras, I tend to take their remarks with a pinch of salt. But it’s hard to overstate the scope and ambition of the government’s Employment Rights Bill, which contains around 30 measures designed to increase worker protection and job security. 

Flagship reforms include Day One rights for unfair dismissal, sick pay, and paternity/parental rights, as well as strengthened rights to request flexible working hours. New laws are also included to protect those with the least job security. They introduce guaranteed hours for employees on zero-hours contracts and end exploitative practices such as firing and rehiring staff on less favourable terms. 

But the policies reflect far more than a change in government. They acknowledge a quiet revolution in how we work, the fabric of our society, and evolving technology. They also mirror our shifting attitudes to work-life balance, productivity, efficiency, and accountability – as well as our willingness to talk more frankly about burnout and mental health in the workplace.

Walking a fine line 

Most businesses are cautiously optimistic about the new legislation, recognising its potential benefits and understanding the government’s ambition to underpin economic security and growth. However, HR teams are savvy enough to know there will also be some up-front challenges. 

This is new territory for all of us. As a profession, we’ll have to find a way to properly implement new laws and worker protection, maintain profitable and efficient operations, and guard against the small minority who might seek to exploit the new rules for financial gain. To achieve the right balance, we will need to cooperate closely and check in regularly with our legal teams.

What does close HR and Legal Team collaboration look like?  

There’s a clear need to ensure HR departments lead from the front and help their organisations deliver against Day One worker protections. We have to act swiftly to introduce clear policies while thinking longer-term about regular process audits to ensure those policies remain practical and compliant. Documentation will need to be reviewed, and managers will look to us for help and guidance. For all these reasons, appropriate advice from – and ongoing collaboration with – our legal colleagues will be invaluable. 

Once in place, any new policies will have to be communicated clearly across our own teams and then onwards throughout our organisations. In turn, some managers are likely to need additional training so they are confident in handling any Day One requests and can escalate any disputes. In some instances (and with a bit of tact and diplomacy), we might have to explain that the world has moved on, and they may need to adapt their style and approach.

We also have a part to play by setting clear individual performance targets and regularly measuring them. This improves personal accountability and also drives collective growth, career progression and pay increases. However, if the situation calls for warnings or disciplinary action, clear documentation protects all sides from misunderstanding and miscommunication. This has always been a cornerstone of good HR practice. But with greater Day One protections against unfair dismissal, it’s important – even in the very first days following a hire – for these processes to be in place and understood by all parties. 

Preparing for Day One hybrid working rights

During the pandemic, businesses pivoted quickly to remote working – often without the necessary IT infrastructure or HR policies. No one is to blame here – it was only supposed to be a short-term measure to get us through lockdown. But, today, over 80% of UK organisations have a hybrid working model, and over 4.2 million people have flexitime employment contracts.

Despite these advances, some organisations still lack formal policies establishing where and when remote, hybrid, and flexible working is viable. They also struggle to determine how the performance of these employees should be measured and documented. This might once have been an innocent oversight, but these days, it can expose businesses to risk due to perceived (or actual) non-compliance with Day One flexible working rights. 

For everyone’s peace of mind and clarity, it’s important to get a handle on granular individual productivity measures – and documenting procedures – for remote workers and move away from a reliance on gut feel, instinct and trust. Taking a collaborative approach that manages expectations also seems like a sensible way forward. After all, flexible, remote, and hybrid working has to work for the business and the employees, and it won’t be appropriate for every person within an organisation. Trial periods could provide a solution in some scenarios, offering an opportunity to assess the impact of a request without creating a precedent that could have wider business implications. 

Looking to the future

Despite the potential difficulties we’ll need to navigate, these legislative and cultural changes give HR teams a chance to add real value and drive business growth. They also offer an opportunity to become custodians of the business and its people by providing greater social benefit. So much of the Employment Rights Bill is about facilitating a move towards greater equality and diversity. But it needs to be done in a measured, planful way – and with close cooperation between HR and legal teams.

So, what does the future look like for our profession in the wake of the Employment Rights Bill? I see us operating more like risk managers by embracing risk and opportunity in equal measure. I imagine us thinking more like project managers as we continue to review progress against new legislation. And I predict we’ll draw on our experience to anticipate future shifts in our employment landscape. But to do all this, we must remain sharp, current and relevant. So, let’s keep ourselves educated and keep educating others—because an HR person’s learning journey is never done!

For more discussion and information on the Employment Rights Bill and what it mean for HR join our webinar ‘Building Certainty in an Uncertain World’.