Employment law is out of step with flexible work and the changing workplace

Employment law is out of step with flexible work and the changing workplace

Anyone who works in employment law or HR is certainly living through interesting times. With the removal of employment tribunal fees, litigation over the correct calculation of holiday pay and Brexit planning there is much to keep us busy. In addition, In addition, the impending GDPR is highly topical.  However, for me, the most intellectually stimulating but also practically difficult area to advise on often remains employment status. Put simply, the law is out of date. Legislation drafted in the 1990s, and to some extent based on cases from much earlier, simply does not cut it in an increasingly flexible and developing work place.

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The very idea of good work in a gig economy remains a distant ideal

The very idea of good work in a gig economy remains a distant ideal

Don Lane’s employment contract for his work as a courier described him as an “independent contractor”. This meant he was neither an “employee” nor a “worker”, so not entitled to legal rights such as protection against dismissal, paid holidays, or statutory sick pay. The 53-year-old also suffered from diabetes, and had previously been fined £150 by the delivery firm he worked for for missing work to attend a hospital appointment. He died in January 2018 after working through the Christmas season despite his illness. The following month, the British government revealed its response to an earlier official report on modern working practices and the gig economy. That report, by Matthew Taylor, contained 53 recommendations to improve the working environment, or achieve the report’s title, namely ‘good work’.

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Pearls of elemental wisdom about workplace design and management

Pearls of elemental wisdom about workplace design and management

The greatest conundrum in the endless debate about whether the workplace affects people’s wellbeing and productivity is that it’s still going on at all. We’ve known for decades that people are affected in profound and meaningful ways by their surroundings and the culture in which they work. We know which factors are most important and which work in the absence of others. We know how these factors have shifted in response to changing working cultures and technological advances. And we know which are glib distractions from the real deal.

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Luther, Marx, Engels and a nailed-on manifesto for workplace change

Luther, Marx, Engels and a nailed-on manifesto for workplace change

In October 1517 Martin Luther nailed his Ninety-Five Theses to a church door in Wittenberg, thereby setting in motion the process that we know now as the Reformation. At least since that time, it has been apparent that a revolutionary manifesto needs to be laid at somebody’s door – or nailed to it – at the right moment for it to achieve its aims. Revolutionary manifestos are easy enough to set out, but the tract is nothing without traction.

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Developing a cultured nose for what makes workplace design great

Developing a cultured nose for what makes workplace design great

Workplace people are at risk of obsessing about productivity. The idea of what is or is not effective and even the notion of wellbeing, has almost been done to death. We overthink stuff. As Neil Usher might say, there are a few bandwagons people are leaping on a little too eagerly. So, let’s keep it simple. Yes, we need a ‘space’ to work in (or just do stuff), but mostly we need a reason for using it in the first place. One thing most people agree on – even the media and flinty-eyed consultants – is that we need a motivation, a reason to do the things asked of us and a belief or intrinsic connection to do those ‘things’ well.

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Every company should champion design and creativity at board level

Every company should champion design and creativity at board level

All business and life are about selling. Well that’s what Mark Price (Lord Price) the previous Managing Director of Waitrose and former Minister with the Department for International Trade said in a recent book, Workplace Fables: 147 True Life Stories. I like Mark Price and his writings but certainly don’t agree with his view about selling. To me business and life are about design. Just close your eyes and imagine life without it. If your imagination could handle this, and when you opened your eyes you would be standing in a field stark naked, because nothing apart from nature would exist. If you had bad eyesight things would be blurred and any illnesses could not be medicated. You may even have trouble eating unless you found some palatable vegetation or a creature willing to be caught, unless of course it did not eat you first.

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Harnessing serendipity in the workplace is about more than facilitating the unexpected

Harnessing serendipity in the workplace is about more than facilitating the unexpected

What if your company had a great and more frequent ability to discover more valuable things than those for which it were usually looking? How would you then begin to describe your company’s overall level of awareness and sagacity? Does it make your company ’feel lucky’? Inspiring questions and understanding serendipity might give some answers to these and other questions. One of the challenges in answering them lies in the nebulous idea of serendipity in the first place. In many respects the idea of serendipity carries with it a mystical undercurrent and even researchers do not agree about a precise definition. However, serendipity is never a ’happy accident’, it’s much, much more than that. The key elements in the process of serendipity include: 1) a prepared mind 2) an unexpected event, encounter, result or contradiction 3) insight and 4) value creation. Not only is serendipity a process, but it is also a quality of mind.

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Culture shift needed to drive a better gender balance in property and construction

Culture shift needed to drive a better gender balance in property and construction

Despite compelling evidence of the bottom line benefits of gender diversity, too many sectors remain stubbornly male dominated. This is certainly the case with the property and construction industry where women still represent only 15 percent of the workforce. The growth of prop-tech, entrepreneurialism amongst women and a growing emphasis on service, demonstrated by the growth of the flexible office and serviced apartment sectors, which tend to have more balanced gender ratios, is helping to address this balance. However, many women in the industry still do not occupy managerial roles, and so the gender pay gap stubbornly remains. For these imbalances to be addressed a cross-industry, cultural shift needs to occur, and individual companies must work to drive change from the top down.

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The year we discover the elemental workplace

The year we discover the elemental workplace

We love a survey. Not a week passes without another startling revelation of the poor condition of our workplace, the fragile state of our engagement, or the dearth of meaning at the heart of our daily pursuits. The data (and I use the term lightly) tells us we want to be productive, if only we could be productive. Our intent and motivation is never in question. We have become masters of realising and articulating that we have a problem, and so we ask ourselves over and over just to make absolutely sure. We bang the table, we sound enlightened when we declare “something must be done!” Unless, of course, you work in one of the 10 Coolest Workplaces in the World in which case you are okay and do not need to worry. Unless you worry that yours is not as cool as the others in the list, envy is a terrible thing. We are drowning in hastily-gathered, invariably sponsored survey data, yet suffer a poverty of solutions.

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We need to stop talking about self-employment as a monocultural phenomenon

We need to stop talking about self-employment as a monocultural phenomenon

Self-employment has grown considerably in the UK over the past 15 years, now totalling around 4.8 million workers, or 15 per cent of the workforce. There is a debate about the extent to which this growth in self-employment is a positive development: some believe that it is a positive feature of an entrepreneurial and flexible economy, while others fear that it is increasing levels of precariousness. This is a difficult issue to address as there is great heterogeneity among the self-employed workforce. In order to shed light on this, IES undertook research for the Centre for Research on Self-Employment (CRSE) to divide the self-employed workforce into segments. The policy debate on self-employment has often been carried out on the assumption that there is some homogeneity among the self-employed workforce. However, this is far from the case, and it could be argued that diversity is increasing due to the growth of the so-called gig economy. In order to help clarify the debate, IES undertook research for the CRSE that aimed to achieve greater clarity in terms of the size and nature of the different segments of the self-employed workforce. The aim is that if the sector is better segmented, this will help policymakers to avoid taking a broad-brush approach to the treatment of self-employed workers.

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Five employment law milestones from the past year we need to remember in 2018

Five employment law milestones from the past year we need to remember in 2018

employment lawThe past twelve months have been an eventful period for employment law; from the uncertainty surrounding Brexit and the rights of EU Nationals working in the UK, to the mounting attention on employee data protection as the GDPR edges ever closer. Issues of Employment Tribunal fees, holiday pay and the gig economy have similarly captivated headlines, and these significant milestones from the past 12 months are set to have a big impact on the challenges facing the sector into 2018. More →

Commercial property is undergoing tech disruption, but not as some believe

Commercial property is undergoing tech disruption, but not as some believe

According to a recent report, executives in the commercial property sector have significant reservations about emerging disruptive technologies such as Big Data and predictive analytics, augmented and virtual reality, Blockchain and driverless vehicles, but see huge potential for process automation. Disruption is a strong word.  It conjures up apocalyptic images and radical interventions leaving unrecognisable outcomes in its wake. Big terms like artificial intelligence, Internet of Things (IoT) and big data bring equally big expectations.  For those of us at ground level, it’s hard to see the cumulative impacts of the many changes taking place around us.  It’s also hard not to share the same view expressed above. Future-gazing is nice to a point, but board level conversations like to take signposts from what is actually happening around them as well, and the commercial property sector is no exception. This sector is undergoing profound disruption but not necessarily from Silicon Valley’s headline grabbers.

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