Attracting & Retaining talent - a challenge you can meet in 2004   

Disability & Health & Safety - Can there be conflicts at work?   

Scenario 1- A salesman diagnosed with multiple sclerosis   

Attracting & Retaining talent - a challenge you can meet in 2004

Attracting and retaining talented and skilled employees should be uppermost in the minds of leaders of many organisations,as talent is not always easy to get in certain industries and when you do it is important you know how to hold on to it.

January is the time many employees will be reflecting on their achievements and ambitions. If their organisation does not meet up to their career aspirations and other needs such as money and working conditions, they may well consider leaving, taking their knowledge and skills with them.

It seems sensible to take a step back and try and understand the complexities of motivating and retaining good people at work. 

Motivation and retention is indeed a complex area and we are going to summarise some of the salient points here. Research shows that there are a number of factors that employees look for in a satisfying job. These can be linked to financial and non-financial reasons.

Money

Certainly money is a factor which can motivate people at work but it’s never really as simple as that. Is it just about how much we are paid which matters, or is payment to us more about recognition for what we think we are worth? What ever your reward management strategy, it should really be aimed at improving the organisations’ performance and achieving its’ objectives. Benefits and compensation represent a large part of the overall cost of employing an individual making it, therefore, a particularly emotive area for employers and their most valuable assets – ‘the employees’.

We believe that getting the ‘package’ right for the business and the employee is both an art and a science. It is important to get the balance right – structuring the remuneration package so that it attracts and retains the best yet doesn’t financially damage the business. It requires care, attention, expertise and regular reviews to get best value for both parties. And don't forget to make sure that the employees appreciate the full value of the remuneration package.

We have come across small businesses where the salary may be lower than the market average, but employees stay because they ‘enjoy’ working there and feel valued - ‘that’s what is in it for them’! For the employer, having employees who feel valued is good for business.

Some of the other areas include:

Good management practices – employees like managers who value their contribution, regularly review performance and encourage personal and professional development.

Visible career path – for employees who are ambitious: They need to believe they can progress within the organisation.

An interesting job – that challenges but has a good level of management and team support.

A good work-life balance – is becoming increasingly important to people.

There are of course other areas that will be important to employees depending on their personal circumstances, personality and status.

It is the organisations that combine the above and really try and understand each individuals motivation trigger(s) that succeed in attracting, retaining and motivating their people.

Disability & Health & Safety - Can there be conflicts at work?

Trying to meet the needs of the Health & Safety at Work Act and the Disability Discrimination Act can be complex and they both require careful consideration when faced with a disabled employee. This could happen to any employer, for example when a long standing employee develops back problems or is diagnosed with cancer.  What are your responsibilities under both Acts?

Under the Disability Discrimination Act 1995 employers with 15 or more employees must not discriminate against current and prospective employees who have, or have had, a disability. Discrimination occurs when, for a reason related to the person's disability, an employer treats someone less favourably than he or she would treat other people, and cannot justify this treatment. It cannot be justified if, by making a 'reasonable adjustment' (see below), the employer could remove the reason for the treatment. Discrimination also occurs when an employer fails to make a 'reasonable adjustment' for a disabled person, and cannot justify the failure.

A reasonable adjustment is any step or steps an employer could reasonably take to prevent arrangements made by him/her or physical features of premises occupied by him/her from putting a disabled person at a substantial disadvantage in comparison with a non-disabled person.

To have any legal protection at all under the DDA a person has got to be disabled under the precise definition contained in the Act. This means they have got to be someone "with a physical or mental impairment which has a substantial and long term adverse effect upon your ability to carry out normal day to day activities." Like all laws it is worth reading the detail in the small print because disability can be complicated business. As an employer you may need medical diagnosis to establish whether a condition falls within this definition.

Examples of disabilities covered in the Act are...

• Physical disabilities that affect movement and the senses such as sight and hearing
• Medically recognised mental illnesses and mental impairments such as learning disabilities
• Severe disfigurements such as scars birthmarks and skin diseases – but degree of severity is important as is where the disfigurement is.
• Progressive conditions where disability is likely to become more substantial over time – things like cancer, HIV, multiple sclerosis and muscular dystrophy. The Act covers these things from the moment there is a noticeable effect on normal day to day activities. This definition may change at some point in the future with a wider definition of disability.

Some examples of things not covered by the Act include...

• Being addicted or dependent on alcohol, nicotine or other drugs unless this is as a result of the drug being medically prescribed. Addiction isn't covered but illnesses resulting from addiction are. So lung cancer and cirrhosis of the liver could be covered even though being dependent on nicotine and alcohol aren't.
• Hayfever – except where it aggravates the effect of another condition

The Health and Safety at Work Act (HSW) and the Disability Discrimination Act (DDA) are both important laws, and employers normal objective should be compliance with both.

The HSW Act requires that employers take reasonable practicable steps to ensure that their employees (and members of the public affected by work activities) do not suffer harm.

Under the DDA, employers are required to make reasonable adaptations to ensure that disabled people can start or continue in work, including changes to the work environment, work stations, work patterns, training and so on. Currently this applies to employers with 15 or more employees.  From 2004 it is likely that this limit will be removed all together.

Now, from this description it should be clear that it is possible to comply with both laws. In particular, discrimination based on prejudices are stereotypes and not justified or legal.

Sometimes, it is true, a disabled person will need different health and safety provision from her/his colleagues, however this can be true for an able bodied employee who has different needs, for example because of their height when carrying out a work station assessment. Fit the job to the worker not the worker to the job!

Parts of this article are Crown Copyright and are acknowledged as such.  Source http://www.dti.gov.uk.

Is dyslexia considered to be a disability under the DDA?

Quite possibly if it is severe. 

"A person has a disability if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day to day activities" [DDA definition of disability]

Dyslexia does not always affect an individuals capability to carry out their normal day to day tasks. Sometimes dyslexic people find ways of mitigating their disability by doing their work in a certain way. For those people that are unable to find a way around it the effects can be disabling. During debates in parliament on the Bill, the government was clear that it believed severe dyslexia was covered under this new law.

"In some cases, people have 'coping strategies' which cease to work in certain circumstances (for example, where someone who stutters or has dyslexia is placed under stress). If it is possible that a person's ability to manage the effects of the impairment will break down so that these effects will sometimes occur, this possibility must be taken into account when assessing the effects of the impairment. " [Paragraph A8, Guidance to the Definitions of Disability].

Scenario 1- A salesman diagnosed with multiple sclerosis

Jack is a double glazing salesman with 12 years service who is actively involved in driving and visiting people in their homes. He has multiple sclerosis, a degenerative disease of the nervous system. He is currently off sick. However, his symptoms are likely to include, amongst other things, blurred vision, forgetfulness, loss of co-ordination and slurred speech. He wants to continue to work for as long as possible.

You are his line manager. What can you do? What are the implications under Health & Safety?

We strongly recommend that you read the section on Disability Discrimination Act (DDA) & Health & Safety at Work Act (HSW) in this months newsletter, before reading on as an  assumption is made that you have.

Under DDA & HSW an employer has a legal responsibility to meet the needs of both.  The manager must assess the hazards to Jack, his colleagues and the public. It may eventually (could be many years) come to a point where Jack is unable to drive.  His employers will need to seriously consider making reasonable adjustments.  It may be that he is offered an office job and provided training and support.

Jack will have to notify the DVLA (Driver Vehicle and Licensing Agency) that he has MS. He will receive a form PK1 (Application for Driving Licence/Notification of Driving Licence Holder's State of Health) to complete and return. These forms can be obtained at local Post Offices. If he has been only recently diagnosed, he is unlikely to lose his licence. The DVLA will consider the information that he has given on the form and, if it believes that his driving ability is not a hazard to other road users, it will normally issue a three-year licence. His situation will be reviewed at the end of these three years.

Our advice to you is make sure you understand the two Acts mentioned above and seek medical and professional advice throughout his employment with you.

The information in this newsletter is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action.

For further information, advice or assistance on any of the matters raised in this newsletter please contact Picasso HR on 01473 890037.

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