November 2021 Newsletter

November 1, 2021

Future Skills & Talent Needs / Advertising Vacancies On Social Media / Withholding tips…

Planning ahead for future skills and talent needs?


Since lockdown, employees in every sector appear to be re-evaluating their priorities and many are keen to renegotiate their previous terms and conditions. Whilst some people are happy to get back to the office environment, there has also been a steep rise in requests for flexible working arrangements. Many of our clients are now navigating new hybrid working policies in order to try to balance their employees’ needs with the requirements of the business. There is a growing realisation across the UK that many businesses are facing recruitment difficulties and even a hiring crisis in the wake of the pandemic and the changing dynamics of the labour market.

However, as employers hastily try to fill a record number of vacancies, CIPD has warned that many companies are failing to consider their longer-term skills and talent requirements. In a recent Resourcing and Talent Planning survey, the HR body found that just 46% of businesses had a workforce planning strategy based on their current and future workforce needs. This means that over half of all companies surveyed, were not planning ahead and simply taking an ad hoc approach to recruitment.

The pandemic has meant that companies have not had the capacity to plan ahead when it comes to resourcing. But according to Claire McCartney, senior resourcing and inclusion advisor at CIPD, that is exactly what is needed if companies are to survive and thrive. As HR professionals we encourage our clients to undertake retention initiatives to protect their most valuable asset and also to collect data to identify future skills requirements and their supply of talent.

For expert advice on workforce planning to assess the skills and talent needs of your Company, contact The HR Team.

Is advertising vacancies on social media discriminatory?

Facebook’s algorithm is in hot water, and employers could be liable if they use such platforms to promote their roles. Social media has become a popular place for businesses to advertise their vacancies. Aside from the benefit of a far-reaching audience, many platforms such as Facebook and Instagram have sophisticated algorithms that promise to make sure the right people see adverts. However, a recent investigation by the charity Global Witness has revealed that job adverts on Facebook were disproportionately being shown to the genders stereotypically associated with those roles. Worryingly, these decisions were being automatically generated by the software’s ‘optimisation for ad delivery’ system. The organisation had not even specified who it wanted the adverts to be shown to.

This revelation could land employers in very hot water! According to the same investigation, 95% of those shown an advert for nursery nurse jobs were women, whilst 96% of those shown an advert for mechanic jobs were men. 75% of users shown an advert for pilot jobs were men and 77% of users shown posts for psychologist jobs were women. A spokesperson for Facebook told People Management that their system takes into account all kinds of information to try to serve people ads they will be most interested in but would review the findings of these reports.

Employment experts have warned that businesses using such platforms to advertise vacancies could be opening themselves up to legal claims. “An employer could be acting in breach of the Equality Act because of the way Facebook’s algorithm operates,” said Alan Lewis, Partner at Constantine Law, citing Section 39 (1) (a) which requires employers not to discriminate against a person in the recruitment arrangement including through practises such as advertising. Lewis went on to agree that employers inadvertently undermine their own diversity efforts by advertising on Facebook.

So what can employers do? By advertising in a range of publications both online and offline, your adverts will appeal to viewers on a basis which is much more in line with equality and are targeted at men and women and readers of different ages.

The HR Team can help you by drafting and reviewing your job adverts and by giving you expert guidance on the best ways to advertise and recruit without fear of discrimination claims.

New laws planned to prevent employers from withholding tips

Currently, businesses can choose whether to pass tips on to workers or whether to keep them. However, the government has said that it is acting on concerns that the move towards a more cashless society has made it easier to withhold tips.


Although the government has not specified when the measures will come into force, it has said the changes could help two million hospitality workers who rely on tips to top up their income. According to CIPD, Labour markets Minister Paul Skully said “Unfortunately, some companies choose to withhold cash from hardworking staff who have been tipped by customers as a reward for good service. Our plans will make this illegal and ensure tips will go to those who worked for it. This will provide a boost to workers in pubs, cafes and restaurants across the country.”

Under this new government proposal, employers in the hospitality sector would be legally obliged to pass tips on to staff and could face tribunal claims if they fail to do so. Under the new regulations, employees would be able to request their employer’s tipping record and could bring a tribunal claim if they suspect them of breaking the rules. The employment tribunal will also have the power to fine businesses caught flouting the rules and can require them to compensate workers for any tips lost.

To ensure your business receives all the latest Employment Law updates that may be relevant and crucial to the way you run your business, contact The HR Team and subscribe to our mailing list.


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