Adapting to the 'new (virtual) normal'

For many University HR teams, having to adapt to their own (new) ways of working whilst also supporting the workforce with their changing requirements has been no easy feat, write Helen Corden, Trish Embley and Emma Noble of Pinsent Masons in the last of our SummerWise* articles. Remote working brings with it a raft of challenges which, for most in the sector, are entirely new as 'working from home' and 'agile working' have often, other than on an ad hoc basis, been the exception rather than the norm.

The challenges most frequently raised with us include:

• staff feeling isolated;
• the difficulties of balancing the demands of work with caring responsibilities and family life;
• challenging domestic situations (such as domestic violence, bereavements, or being 'technology poor');  
• 'remote management' and having the discipline to self-manage routines; and
• day to day problems encountered in trying to remotely complete tasks ordinarily completed in the office, for example, compiling bundles of documents for meetings.

 For many individuals, learning to adapt to a new way of living and working has been an emotional rollercoaster.  This presents a real challenge in maintaining an efficient, productive and resilient workforce. Many of the issues presented have been novel for us all and guidance has not always been explicit. HR teams have often been expected to present solutions to problems which are completely unprecedented. 

We are pleased to have heard many success stories over the last few months, where teams have ‘risen to the challenge’ to overcome the hurdles presented. Universities and other employers have had to harness their creativity around effective ways of working.

With genuine agile and flexible working practices comes trust in colleagues as we take more responsibility for our workload management and have greater autonomy to decide when, where and how something gets done. Perhaps most importantly, we hear a lot of stories where colleagues have rallied round each other to provide a new type of support bubble.

Whilst this is reassuring for the immediate term, how are HR teams set to cope with this ‘new normal’ in the long term? From conversations, it seems likely that home working for many in the sector is likely to continue until the end of the calendar year, which brings with it fresh challenges.  Are staff adequately equipped to work from home on a ‘long term’ basis? Are HR teams set up to cope with this new ‘business as usual’, remotely?

Regaining control

Working in this ‘unchartered territory’ can cause stress and anxiety for some.  It is important that HR teams seek to manage their own stress and resilience, so that they can truly assist others. We focus below on how to regain control in situations which commonly lead to stress, including: managing demanding workloads; dealing with difficult stakeholders; and supporting emotional colleagues through challenging times.

Our main advice is that now, more so than ever, it is paramount that you find a way to manage your own mental health and resilience. At some point in time, most of us will have attended a seminar, read a book or listened to a podcast, and we will have come out feeling motivated and inspired to change. Take the time to find that "eureka" moment again and to understand what works best for you in terms of managing your own workload and balancing your work with home life. Once you have figured out what works for you, you should feel as though you are in a better position to assist others. 

We have listed below some top tips to help regain control in situations which commonly lead to stress or anxiety:

1. Take control of your diary. We all know the things that are good for us: exercise, eating well, cutting back on caffeine, getting a good night’s sleep, proper breathing, taking regular breaks throughout the day, having a clear 'shut off' point at work. Do not delay in implementing these. Only you can take control of your diary and ensure you build these into your day.
2. Book annual leave. Closely linked to point one, ensure you book some time to take a pro-longed break from your screens. Even if you are not going abroad, make sure you switch your work phone off and get some well deserved R&R.
3. Write a diary. Lots of resilience courses teach that writing a diary about each day (including what you did and reflecting on the day by asking what you have learned and how you felt about the days events) helps in managing your resilience and regaining control.
4. Have goals and write them down. Otherwise, how can you hope to achieve them (or have the satisfaction of ticking them off your list once they're complete)?
5. Make use of the resources available to you. You know that your employer will have some fantastic resources which are available to you (e.g. an Employee Assistance Programme, Occupational Health, sign posts to other external organisations as well as mental health champions and other internal resources, to name but a few). You should make the most of these resources which are available to you, rather than simply referring others to these services.
6. Prioritise your workload. Work with your team and contacts to focus on key objectives and initiatives to ensure that your work is prioritised. Do this regularly and use this process to cull any non-priority activities from your list.
7. Stay connected. Discuss your team and/or stakeholders' preferred methods of communications and make a note of these. What works for one, might not work for all and it will take some time to work out how best to communicate with certain individuals.
8. Stay Informed.  By educating yourself on what the latest government guidance is on Covid and how the sector is responding to it, you will be more informed to advise key stakeholders and to plan your institution's response. Take the time to read articles and speak to people you trust about these issues. Collaborate with your health and safety teams when putting in place plans for the future.
9. Book-end your day with a positive thought and end the day on a high note!

 If you think it would assist your team to receive personal resilience training, please let us know as we have carried out similar training on behalf of several University clients.

Dealing with HR matters virtually

We focus here on our top tips on how to deal with all things virtually, such as performance management, disciplinary and grievance procedures, TUPE and redundancy consultations.

Performance management

Our first 'top tip' is one we hear time and time again, but it really is true – communication is key. This is particularly so when it comes to performance management.

When it comes to performance management, HR teams should assist managers with setting clear expectations relating to:

• the criteria that needs to be met for home working to be possible;
• when employees will be available to work;
• how they will keep in touch / remain contactable;
• how performance will be managed and measured (do managers need to review and refocus on outputs?);
• review and refresh targets in line with the new working practices.

It should also be made clear to employees who they should contact if they have any problems or their circumstances change.

Managing disciplinary and grievances

When it comes to managing disciplinary and grievance processes remotely:

a)       early intervention by a manager can help in preventing further issues down the line. So if you and/or a manager see inappropriate usage of social media, "shouty" emails, or inappropriate conduct on virtual calls, have the appropriate conversation and tackle the issue early on;

b)      remember the key principles of natural justice (that the employee understands the allegation against them, that they have had a reasonable opportunity to respond to that allegation, and they have their response considered by an impartial decision-maker)

c)       follow your policies (e.g. on panel hearings and the right to a companion) whilst being pragmatic so as to ensure that meetings can proceed virtually if necessary

d)      remind staff that they cannot record meetings and set out clear rules for the conduct of the meeting

e)      be pragmatic if you meet any resistance from trade unions – and remember that unnecessary or lengthy delays are unlikely to help the situation. We have seen a number of examples of Unions seeking to delay disciplinary matters whilst at the same time expecting the University to proceed in investigating grievances. We consider it to be in the best interests of all parties involved for disciplinary and grievance cases to be dealt with as expeditiously and efficiently as possible without unreasonable delay

f)        reserve the University's right to require attendance on site if needed, (e.g. where there is no privacy to hold private virtual meetings).

Online processes should meet the above criteria using email and sophisticated video platforms.

Consultations

Insofar as you may need to consult with staff (whether that relates to TUPE, redundancy or change to terms and conditions of employment), HR should work with managers to ensure that you:

a)       Get your communications right;

b)      Get your mode of communication right – is an email, bulletin or video message the best way of getting a message out?;

c)       Make suitable arrangements for the election of employee representatives (there is guidance on online email and text voting);

d)      Consider how information and virtual meetings will run practically. Will different groups have their own forum to discuss certain issues? How can people ask questions?; and

e)      Have separate 1-2-1 virtual meetings for individual consultations.

If you would like to speak to one of the team about any of the issues mentioned above, please do not hesitate to contact Helen Corden or Emma Noble in the first instance. If you would like to arrange training for your teams, please contact Trish Embley.

Helen Corden – Partner, Employment

T: +44 121 623 8635

M: +44 7920 700 039

Trish Embley - Head of Client Training, Employment

T: +44 121 260 4097

M: +44 7785 932 985

Emma Noble – Solicitor, Employment

T: +44 121 260 4061

M: +44 7500 883 840