48 EMPLOYMENT LAW


CULTURE WILL BE KEY THIS YEAR


by Louisa Scanlan Director, Collaborate


The culture of your organisation is what your employees see and feel every day.


It’s not the fancy words that are on the wall, they are just words. Your culture is how those words are put into action or in many cases, not.


HR and Leadership Development Consultancy


We empower leaders to go beyond the transactional, to develop truly transformational connections across organisations so that people feel valued and inspired.


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Why is 2023 such a key year? This will be the first full year of businesses finding their feet after the pandemic.


Even at the start of 2022, there were still restrictions placed on people and workplaces. We continued to adapt to hybrid working and challenged the way we would work in the future and for many businesses, 2023 will be a defining year.


The challenges to recruit and retain will continue despite the talk of recession.


So as business owners, what are you doing to ensure that those you want to attract and those you


already employ want to be a part of your team through the year ahead?


Here are some things you might want to consider:


• Clarity as to how your organisation operates in a hybrid way. This will support not only attraction but enable those who work for you plan how they will deliver their role.


• Equipping your management team with the skills required to make your culture a reality, raising their self-awareness.


• Treat people with humility and curiosity. Take time to understand those who work for you.


• Engage with all. This isn’t a communication plan; it is about making people feel valued and inspired and truly part of your organisation.


What will your plans be in 2023?


DON’T SKIMP ON THE BONUS by Sarah Williams


Partner, employment law, Taylors


The UK has dipped into recession, and many companies are looking to improve cashflow.


Bonuses may have been earned on good performances earlier in the year when business was good but are now due to be paid.


Don’t skimp on bonus payments!


Whilst most bonus schemes are expressed to be discretionary, where the bonus criteria are satisfied by an employee then the employer must act in good faith and have grounds for not paying it which have been communicated to staff beforehand.


Headquartered in Blackburn, Commercial law firm Taylors is committed to providing the highest quality service through a real understanding of our Employers needs, business priorities and specific requirements.


If a bonus has by ‘custom and practice’ been regularly paid, an implied term to pay may have become incorporated into the employment contract.


A recent employment tribunal awarded a salesman a six-figure sum. He had spent months


negotiating a multimillion- pound deal.


Following a company restructure, he only a received a third of the bonus, so he resigned and successfully claimed constructive dismissal and his full bonus.


Deciding not to pay a bonus to save cash may backfire and not only end up costing you more but may mean you’re losing staff.


The best way to deal with bonus payments and schemes, is to set them out clearly in writing.


A discretionary bonus scheme should be clearly labelled as such, and if possible changed each year.


It is also good practice to provide in the contract of employment that no bonus will be paid unless the employee remains in employment, and is not under notice at the time the bonus is due to be paid.


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