A recent trend has seen staff re-evaluating their lives and deciding to resign from their jobs and move on. In this briefing, Pam Loch and Laura Foster look at how to retain staff post-COVID.

A report in the Guardian found that there was a record-breaking number of vacancies - 1.2 million - in September and almost one in four UK workers were planning to change their job.

The impact of COVID-19 is no doubt the key factor here. Fear of potentially dying or being affected forever by long-COVID, combined with extended periods of enforced homeworking during lockdown, have led to previously career-minded and ambitious employees revisiting what they want from life and work. The increase in family time, free time and ‘me’ time available to workers who no longer have to battle through commuting traffic, cope with cancelled trains and put up with inclement weather just to start their working day, has led to dissatisfaction and a large-scale rejection of the demands, controls and inflexibility in their jobs that may have been previously accepted.

There has also been a significant rise in grievances being submitted by employees. In part it is a response to resisting the return to office-based working, but potentially also a reaction to control exerted over employees by the Government and a way to take back some control. Various work-related reasons have been given as to why employees feel they should be allowed to continue to work from home, such as “I can focus better at home” and “I’ve been doing my job just as well at home”.

Other reasons given clearly show the change in stance by some employees when they feel comfortable to say, “I’ve bought a puppy and it needs walking” as a reason to change their working arrangements.

There is no doubt some employees have got used to remote working over the last 18 months - they are just not willing to let go of their valuable, new-found additional free time and money saving, which would have otherwise been spent on commuting.

So, what can businesses do to persuade their skilled and experienced staff to stay whilst also driving business growth post-lockdown?

Flexible working
It’s not just homeworking that employees are seeking but more flexibility from their employers. More flexible working requests are being made around picking up the kids from school and changing hours to enable employees to read bedtime stories, look after elderly or disabled parents or do activities to support their own physical and mental wellbeing. Over the last 18 months, pandemic homeworkers have got used to being able to manage their working day around their life, not the other way around.

The Government has been carrying out a wide-ranging review of working conditions, including the statutory provisions around flexible working requests. By Summer 2022, it is expected that the right to request flexible working will be available from day one of employment (as opposed to the current 26 weeks) and employers will have to deal with requests within a much tighter legal framework.

With greater numbers of employers already marketing themselves as a ‘flexible employer’ it is important for businesses to assess whether they too can offer flexibility - not just around where work is performed but also if roles can accommodate split hours, part-time or compressed hours. The increasing demand for flexible working in the current climate means that the traditional ‘standard’ working week is likely to become eroded and employers need to start thinking about how they can sustainably support atypical work patterns if they want to attract and retain the best talent for their business.

Sabbaticals and career breaks
Employers need to think ‘outside the box’ about longer-term staff retention and think about ways to retain skilled and experienced employees who want to pursue other interests outside of work. Offering sabbaticals and career breaks is one way. Although the employee would be out of the business for an agreed length of time, they are likely to welcome the security of being able to go back to their role.

Whilst the current job market may be buoyant for those seeking new opportunities, there is no guarantee that it will remain that way and for the majority of highly-skilled careers, a break can mean they are less attractive to new employers. However, they can acquire valuable experience and knowledge to benefit their existing employer’s business on return. Importantly, there is a greater loyalty towards their employer as a consequence of being offered time out.

Although there is no legal framework governing sabbaticals, to avoid complaints of unfair treatment and potential discrimination claims, employers should have a policy in place setting out eligibility, how to apply, the maximum period allowed and what, if any, employment terms and conditions continue whilst they are away from the business.

There is no obligation on an employee to return after a break away. However, there are ways of incentivising an employee to return, such as offering to pay for training during a career break to undertake an activity that might be relevant to their role, whether directly, such as a vocational course or Masters Degree, or indirectly. For example, Learning to Teach English as a Foreign Language (TEFL), Voluntary Service Overseas or charity work, for example, could provide invaluable interpersonal, resilience and leadership skills development for someone returning to a management role and the employee would be required to repay the cost of the training course if they failed to return.

Career development
Career progression is one of the most important aspects of rewarding work. It also improves staff engagement and helps with succession planning. Training staff not only supports them with their career progression and makes them feel valued but also brings new skills, stimulates fresh ideas and encourages collaboration between individuals that might not usually interact. We regularly deliver training for our clients and have found that not only staff but also managers really benefit from being upskilled. From an employer’s perspective, having managers with the confidence to deal with challenging situations sensitively and effectively is crucial in maintaining the overall engagement and productivity of your workforce.

Whilst we have been advising employers to ensure they monitor and maintain regular contact with their homeworkers while the COVID-19 restrictions applied, one of the problems with having large numbers of staff working away from the business is that it is difficult to identify development needs. Psychometric assessments are one tool that your businesses can use as a way to reach out to their staff, encourage self-reflection and help identify their strengths and any skills gaps. From this, development plans can be tailored to suit individual needs in working towards a more cohesive, collaborative and efficient team overall. Careful communication about the purpose and value of these assessments is recommended, however, to prevent anxiety around job security. Employers should also seek professional support to ensure the assessments are appropriately designed and to help interpret the results.

Staff benefits
Bonus schemes and other financial incentives are costly but generally effective retention tools. However, there are many other ways of improving staff loyalty and engagement without necessarily incurring a significant outlay. From salary sacrifice schemes such as Cycle to Work and discounts at local gyms to team lunches and ‘Employee of the Month’ schemes, there are loads of relatively simple and inexpensive ways to let your staff know they are valued.

With the cost of recruiting new staff believed to be as much as £25,000, what we recommend businesses do during this ongoing period of economic uncertainty is take the time to understand what motivates and engages their staff and think creatively about positive ways to make them want to stay.

What do I do if my employee still wants to leave?
Given the statistics being quoted, it is inevitable that businesses will lose some of their staff. Some will simply leave to pursue new opportunities that their existing employer cannot offer, but there will be other cases where the relationship begins to turn sour, perhaps where a request for permanent homeworking has not been agreed or there has been a breakdown in working relationships.

The knee-jerk reaction is to remove the disgruntled or difficult employee as quickly as possible, but it is important that employers manage the situation in line with their internal policies as well as their legal obligations, in order to protect the business. Whether you are thinking about declining a flexible working request or investigating a grievance, ensure you have taken expert advice to guide you through managing the situation and help to avoid a costly, stressful and time-consuming situation.

Pam Loch, Employment Solicitor and Managing Director of Loch Associates Group and Laura Foster, Solicitor with Loch Employment Law.
Pam.loch@lochassociates.co.uk