Celebrating Women in Tech with Aisling Hetherington
At Bright we celebrate all our employees achievements and progress in the Tech industry everyday, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We recently interviewed Aisling Hetherington who has given us her thoughts on IWD.
Question: What does IWD mean to you?
Aisling: For me, International Women’s Day is a day to celebrate the achievements of women both in and out of the workplace. From years ago, when my mother's generation were encouraged to stay at home or to give up work once they became mothers, to a world where we are encouraged to excel in our careers while also having a family. Sometimes this can be a balancing act and working for such a family friendly and supportive organisation as Bright makes this a lot easier. This is not the case in other organisations and in some countries where women face ongoing struggles for equal rights and opportunities. While I personally don’t think that gender makes a difference to your ability to carry out a job or have a successful career, it is well known that for a long-time, women have faced more challenges in the workplace. Thankfully, there is more awareness about this now (for example the gender pay gap) and we have seen great changes over the last number of years. This is an ongoing journey to improving equality for women.
Question: On International Women’s Day, what is the most important message you want to send out to young women thinking about their careers?
Aisling: They can achieve anything that they set their heart on, regardless of their gender and there is nothing that can hold them back. They should never doubt their ability or limit themselves. I have always worked hard in my career and given my all to the organisation I am working for. It is also important to switch off outside of work with family and friends. It’s great if the career path and job chosen when they finished school is one they enjoy and are passionate about. It’s also possible to change this path at any stage of their life so should never be afraid to take on something new. I know this from first-hand experience.
Question: How can we encourage more women to pursue senior leadership roles in their career?
Aisling: Organisations have responsibilities to encourage women to pursue senior leadership roles and provide the education and training to prepare them for it. Typically, these roles require time commitments that may go beyond the 9-5 workday. This is something that should be reviewed and changed if it is noticed occurring regularly in the organisation. It is important for organisations to recognise that people have responsibilities outside of the office. So many studies have been completed now looking at the working hours, working days, flexible and hybrid options, and work-life balance. Organisations need to value their employees and senior leaders and recognise that they have commitments outside of the office, regardless of their gender. Some days, more attention may be needed to a person’s home life than to their work life. I was very lucky early in my career that I had many women (and men) in leadership positions who encouraged me to take on new roles, education, projects and challenges and guided me throughout my career. Some people may not have the belief in themselves and so, if you are in a senior leadership position, actively seek out and support talented women in the organisation, take them in as a mentee and offer them the encouragement to advance their career.
Question: Have you faced any barriers in your career due to being a woman? If so, how did you overcome them?
Aisling: I have not had barriers as such but have had challenges to overcome. One of these was juggling a career, studying and 2 children as a single mum. Despite the challenges I faced, I managed to overcome these with the support of family, friends, and colleagues. I don’t think this is unique to me, or to me as a woman, as many people face barriers and challenges as they navigate their own careers. I think sometimes attitudes of others can have an impact at times and create barriers. I personally don’t see my gender as a barrier to achieving success. I appreciate that this is not the same experience as others have had and continue to face. For a large part of my career to date, I worked in the healthcare industry which typically had more female than male employees and as a result quite a few women in senior leadership positions. Perhaps this is why I do not see these barriers and I have certainly not seen them since joining Bright last year.
There's much to celebrate about women's achievements. Gains are made for women worldwide, but there's more to do. Collectively, we can all challenge gender stereotypes, call out discrimination & draw attention to bias. Let's #EmbraceEquity to create places & spaces where women thrive.
Happy International Women's Day!
Happy International Women's Day!
At Bright we celebrate all our employee's achievements and progress in the Tech industry every day, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We also included some of our Bright men who shared their experiences and opinions with us too.
On IWD2023 and beyond, everyone everywhere can help forge an inclusive world. Let's #EmbraceEquity to create places & spaces where women thrive.
What we Expect to see in the Coming Months: GDPR
It looks like 2023 will be another busy year in data protection, with some significant changes expected to the UK data protection regime, as well as further guidance for employers from the ICO. We have set out some of the principal data protection themes relevant to employers below.
Updates to UK GDPR
In 2022 the UK government set out plans for a number of substantial updates to the UK GDPR. Discussions will recommence later this year. It is anticipated that the changes indicated by the Data Protection and Digital Information Bill will be the minimum changes made to the UK data protection regime. More far-reaching changes could be introduced in an attempt to reduce the burden on businesses.
The minimum changes that we expect to see that will affect the way in which employers deal with data subject access requests include:
- An amendment to the circumstances in which employers can say no and refuse to respond to a DSAR. The draft bill had proposed that employers can charge a fee or refuse to respond to a DSAR where the request is "vexatious or excessive". Previous governments had indicated a desire to move away from DSARs being processed where personal data or concerns about its processing are not the purpose of the request.
- A change to the definition of "personal data" so that it only needs to be considered whether an employer or others likely to receive the data are reasonably likely to be able to identify the individual in question. Essentially, this would be a more subjective test and may limit what is in scope of a DSAR.
Information Commissioner's Office Updates (ICO)
The ICO has indicated that it plans to provide individuals with a better understanding of how their information is used and accessed over the course of this year. Data subject access requests (DSARs) form a major aspect of this and the ICO has specified that it plans to introduce a new "subject access request tool" which will help individuals to identify where to send their requests and explain what they should expect from the DSAR process. It has also indicated that it will provide individuals seeking to exercise their rights with "easy to access answers" (that is, FAQs).
The ICO has also expressed its goal to reduce the burden or cost of compliance with data protection laws. It is seeking to accomplish this through a series of services, tools and initiatives "so organisations can benefit from the advice and support of the regulator when planning, innovating and managing information risk".
Holiday Pay Calculations: Consultation Period
The government has issued a consultation containing proposals for legislative reform to address the challenges faced by many employers in response to the Supreme Court’s decision in Harpur Trust v Brazel last year.
Last year the Supreme Court ruled that all workers (including part-year and other irregular-hours workers) are entitled to 5.6 weeks’ paid leave per year, irrespective of the number of weeks worked, and that their holiday pay should be calculated in line with the relevant statutory provisions. Further details can be found here.
The key proposal in the consultation document is that the statutory annual leave entitlement for part-year and casual workers should be calculated in two steps:
- Calculate the total hours a worker has worked in the previous 52-week reference period, including any weeks without work
- Multiply the total hours worked by 12.07% to determine the worker’s total annual statutory holiday entitlement in hours
At the beginning of a leave year, an employer will be required to look over the total hours worked in the previous 52 weeks (including non-working weeks) and use that figure to determine the worker’s annual leave entitlement for that leave year.
How does this work for the first year of work or casual workers on short-term assignments? Employers will be required to work out a worker’s statutory holiday entitlement, in hours, on a monthly basis by reference to the number of hours worked in the previous month multiplied by 12.07%.
Agency workers are also covered by this consultation. When an agency worker is on assignment, their holiday entitlement should be calculated by 12.07% of the hours worked over the previous month. If an agency worker is not on an assignment, they will not accrue holiday.
The consultation document also proposes a new means of calculating how much of their holiday entitlement a worker uses when they take one day off. The suggestion is that employers calculate a flat average working day based on the average number of hours worked during the relevant reference period.
The consultation closes on 9 March 2023. Due to a short consultation period, it suggests that the government is keen to crack on with its proposals and that we can expect implementing legislation sooner rather than later if the proposals gain the backing of affected employers.
Related articles:
Case Law: Harper Trust v Brazel
The Benefits of Hiring Seasonal Workers
Seasonal workers are usually encountered in the tourism, hospitality, construction and agricultural industries, mostly in the summer months but they can also be hired in the lead-up to Christmas too to assist with the busy period.
Some may think that seasonal workers are unskilled and a lower-paid alternative to permanent employees, however, that is not the case. There are many benefits to seasonal workers such as:
- Meet business demand and customer expectations: seasonal employees provide you with the flexibility to increase the size of your team during peak trading periods so that you can continue to provide customers with the service they expect even during busy times.
- Improve morale for the permanent team: you can’t expect your permanent employees to start working double shifts or deferring their annual leave. It’s best practice to ensure that there is sufficient cover for this annual leave.
- Meets skills shortage: temporary workers can help fill the gap with a particular skill shortage during busy periods.
- Return year on year: many seasonal workers are happy to return to work for the same company each year- which is a win for both the employer and the employee.
Legal obligations as an employer
A temporary, seasonal worker hired under a fixed-term contract is entitled to the same working conditions and the same legal rights as permanent employees.
Your main obligations are to:
- Ensure every employee has the right to work
- Provide a Contract of employment
- Pay at least the national minimum wage
- Provide a payslip
- Ensure that the employees’ working week does not exceed 48 hours
A contract of employment for a seasonal worker will be largely the same as for a permanent employee. However, a fixed-term contract will need to have an end date.
Bills on the horizon for 2023?
With 2022 having now come to a close, we look forward to the key developments that will shape the UK employment legal landscape in 2023 and beyond.
A new set of employment rights
2023 looks set to be a busy year on the legislative front with a number of bills currently making their way through Parliament, which are likely to become law during 2023/2024. These include:
- The Protection from Redundancy (Pregnancy and Family Leave) Bill 2022-23: Once passed, this bill will allow regulations to be introduced that will extend the existing redundancy protections to women on maternity leave, so that women's pregnancy protections are also available for a period of six months after they return to work. The same enhanced protections will also be available to those employees on adoption or shared parental leave. The bill's progress can be tracked here.
- Worker Protection (Amendment of Equality Act 2010) Bill 2022-23: This bill will require employers to (i) take reasonable measures to prevent employees from suffering harassment from third parties (such as customers or clients) during the course of their employment; and
(ii) require employers to take all reasonable steps to prevent sexual harassment of employees while on the job. Sexual harassment compensation can be increased by up to 25% if this duty is breached. You can track the progress of the bill here.
- The Employment Relations (Flexible Working) Bill 2022-23: Will enhance employees' rights to request flexible work by (i) allowing employees to make a maximum of two flexible working requests during a 12-month period; and
(ii) Employers must consult with employees before refusing flexible working requests. The bill's progress can be tracked here.
- Neonatal Care (Leave and Pay) Bill 2022-23: As a result of this Bill, parents of neonatal care recipients, or those who have received neonatal care, will be entitled to a minimum of one week of neonatal care leave that can be taken up to 68 weeks after delivery. Employees will have this right from day one, regardless of their service length. Furthermore, employees who take the leave will be protected from dismissal or detriment. In addition, employees with at least 26 weeks’ service, will be entitled to be paid for the neonatal care leave at the prescribed rate. You can track the progress of the bill here.
- Carers Leave Bill 2022-23: Upon passing, the Secretary of State will be able to create new regulations defining an employee's right to carer's leave. An eligible employee will be entitled to unpaid carer's leave of at least one week within a 12-month period for caring for a dependent, such as a spouse, civil partner, child or parent. As with neonatal care leave, the right to carer's leave will be a day one right that protects workers from dismissal or detriment. It is expected that the Bill will pass in 2023, and the Regulations will follow in 2024. You can track the bill's progress here.
- Employment (Allocation of Tips) Bill 2022-23: Upon passing, this Bill will compel employers to distribute tips, service charges, and gratuities fairly among their employees. A written policy setting out how employers allocate qualifying tips among their employees will also be required, as well as keeping, and sharing, records of qualifying tips received and allocated between employees if requested by the government. It is important to note that the Bill will only apply to tips received by employers or controlled by them - it will not apply directly to cash tips paid to workers. The bill's progress can be tracked here.
Despite not knowing the exact timeline for implementation of the Bills above, each is set to begin its report stage by the end of February 2023. Royal Assent is therefore expected in 2023, and secondary legislation is likely to follow in 2024.
Let's Get Informed: Government Plans for Flexible Working Reforms
A year on after consulting on proposed reforms to the statutory flexible working regime, the government has now published its response. At present the statutory right to request flexible working only applies to employees with 26 weeks or more service with their employer. As well as this the below is a summary of the other rights employees currently have to request flexible working arrangements, and then the proposed changes:
CURRENT POSITION
- Right to request, not a right to have, flexible working in relation to the hours, times or place of work
- The right to request applies only to employees
- 8 statutory grounds for refusal apply:
- It will incur extra costs that will be a burden on the business;
- The work cannot be reorganised among other staff;
- People cannot be recruited to do the work;
- Flexible working will negatively affect quality;
- Flexible working will negatively affect performance;
- The business’ ability to meet customer demand will be negatively affected;
- There is a lack of work to do during the proposed working times; and
- The business is planning structural changes.
- No consultation required prior to rejection of request
- Only 1 request in a 12-month period
- The employer must respond to flexible working request within 3 months
- The employee must set out how the effects of their flexible working request might be dealt with by the employer
- Changes to working patterns are permanent, unless otherwise agreed
FUTURE POSITION
- Right to flexible working will be a day 1 employment right
- Employers will be required to consult with their employee, as a means of exploring the available options, before rejecting their flexible working request
- Two requests can be made in a 12-month period
- The employer must respond to flexible working request within 2 months
- No requirement for employees to set out how the effects of their flexible working request might be dealt with by the employer
- Government will issue a call for evidence on temporary arrangements and informal flexibility
It remains to be seen now how quickly these reforms will progress however it appears they are likely to take effect through the Flexible Working Bill, which the government has now confirmed it is formally supporting. The Bill passed its Second Reading on the 28th of October 2022. However, secondary legislation will also be required to introduce the day 1 right.
Demand for Workplace Benefits
As the cost-of-living crisis deepens, new research has revealed that employees are relying on their employers to offer support in the form of robust workplace benefits to help them navigate ongoing economic uncertainty.
Health insurance, flexible working, and pensions are considered to be the most valuable, followed closely by employee discounts and free lunches, highlighting that the UK’s workforce is looking for ways they can reduce personal expenditure where possible.
The research found that health insurance ranked in the top three most sought-after benefits for 39% of employees. This was behind flexible working (53%) and the company pension scheme (46%). The other core benefits employees prioritized were employee discounts and free lunches. This shows that with the cost-of-living crisis, people are relying on their employers to support them in navigating economic uncertainty.
As the war for talent continues, benefits play a significant role in employee attraction and retention. 42% of employees said they would be more likely to stay in their current role if it offered good health and well-being benefits.
If you are considering improving your employee benefits programme consider having conversations between you and your employees. Give them a choice to have a voice, engage in the conversation and find out what will truly make a difference to their wellbeing. If you can find a way to give it to them, you’ll have a happier workforce.
Related Articles
Cost of Living Crisis: What Should I do Next?
Confronting Poor Performance
Whether you are a manager or an employee, annual performance reviews can be gruesome. It may be a little daunting, but these reviews are essential for any business, and they can empower or de-empower your employees.
What’s a performance review?
A performance review formally examines the employee’s job performance over a certain period. It’s importance is emphasized due to the fact that only 50/5 of employees know exactly what their superiors expect from them.
During the process, managers asses an employee’s entire performance, including their strengths and flaws. At this point, the supervisor can give constructive feedback and help workers set new goals.
Qualities of a successful performance review
These three qualities make any performance review effective and successful for managers and employees.
1. Achievement-oriented
Performance evaluations are far too frequently perceived as punishing rather than helpful, which demotivates workers. The best bosses praise their workers for their accomplishments and show them where they might grow in the future. Successful progress reviews should provide an opportunity for discussion about achievements as well as opportunities for critique.
Managers should communicate what they are supposed to achieve and address potential methods workers can use to operate at their peak performance.
2. Accurate and free of bias
Regular reviews allow workers to respond to what is said in the review instantly. Aside from that, they are more inclined to depict performance accurately.
Supervisors can conduct progress reviews frequently e.g every six months.
3 things workers should do during a performance review
Instead of worrying and waiting their turn to defend work achievements and failures, here are some of the things that they can do to prepare themselves during a performance review.
1. Create Notes: before each performance evaluation, workers should take notes on the discussion topics, objectives, strengths and flaws.
2. Self- evaluate workers should simulate a performance review for themselves to learn self- evaluation. They need to sit down in groups per department and analyze accomplishments, ambitions, shortcomings, and strengths.
3. Bring questions: in performance assessments, workers should be able to ask questions about certain parts that might be unclear to them. It might help to guarantee that all necessary questions are answered if they prepare their inquiries in advance.
Cost of Living Crisis: What Should I do Next?
The cost-of-living crisis is affecting us all, however, employers need to take action to help employees who may be struggling. Every employer has a legal duty to look out for the health and safety of its employees, and if employees make it known that they are struggling because of this employer need to take the next step.
Increasing Salaries
Many larger employers have made the news recently by announcing that they will be increasing salaries, paying one-off bonuses, or making home energy cost contributions. An example of this, Barclays, is rewarding 35,000 of its staff a pay rise from 1st August. However, it is understood that this is not feasible for all businesses.
Legally, there is no obligation on employers to raise employees’ salaries in response to the cost-of-living crisis. Employers should look at non-financial ways of helping staff.
Communication
It’s important for employers to recognise that the crisis will affect different employees in different ways. A good first step would be to ensure that there is good communication between you and the employees so that they are encouraged to voice their concerns and issues. Only after listening to employees can an employer understand what solutions the right ones are.
Home or Hybrid working
Some employers are repositioning home or hybrid working flexibility as a solution to the cost-of-living crisis because of the saving on commuting costs rather than a more traditional work-life balance solution. It’s important that an employee’s contract is updated or varied to reflect their true current working arrangements.
Bright Contracts software has a hybrid working policy in the “Terms and Conditions” section of the handbook which is completely editable to your business’ needs.
