I came across a ‘technical breach’ of the National Minimum Wage the other day. This is where you pay the required hourly rate (in fact a lot more than that) to individuals averaged over the year for the total hours worked. In education, term time only contracts are common and it is also common to average out the year’s pay into 12 equal instalments. This allows recipients to have a consistent and defined income every month. In months when these staff work less than the average we’re fine, as we actually pay them for more than what they’ve worked. You can see what’s coming can’t you?

In months where we pay them less than they may have actually worked we maybe in technical breach of the National Minimum Wage even though, over the year they receive what they’re entitled to. There are penalties for this breach plus being ‘named and shamed’ on Government websites.

Why do I share this with you? Well, I believe it is another example of unintended consequences. My university is happy with the arrangement to employ term time staff; the staff themselves, usually love the arrangement given its flexibility, particularly around school holidays; and of course nobody loses out over the course of the year.

But, like HR Departments up and down the country we are now busy reviewing this practice and ensuring the University remains in full compliance. It is highly likely that the term time staff are the ones who will ultimately have to lose out in some way – madness!

Link this with GDPR, Welsh Language Standards, Immigration and a few more and, if you’re like me, you and your colleagues have been spending hours upon hours chasing the bureaucratic dragon that has become ‘compliance’.

Now I would be the first to say personal data must be kept safe, of course it must. I am a proud Welshman, proud of my heritage and culture, and of a language I regret being unable to personally speak. I support immigration as long as it is well managed. But haven’t things gone too far? Isn’t GDPR a sledgehammer to crack a nut? My personal view is that the Welsh Language Standards will be more damaging to the language than supportive because of the hoops we now have to jump through.

I am sharing my rant because whilst HR Departmental and line management resources of organisations up and the down country are busy chasing the bureaucracy, who is looking after the people? Isn’t recruiting the best candidates a higher priority? Isn’t developing your workforce far more beneficial? What about their health and wellbeing – that is surely where resources must be targeted - ahead of the ‘sledgehammers’.

Alas, I feel I am kidding myself if I think ‘central’ policy is going to change; in fact, might it just actually get worse? It is therefore incumbent upon us folk in those HR Departments up and down the land to make sure what matters is what is prioritised. We will need to acknowledge the legal commitments, no doubting that, but if can we do it whilst remembering it’s the people that make your organisation a great place to work, we may, just may, have a chance.

Happy compliance!

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