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Business Bulletin By business owners, for business owners
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Focus on Operations and Resources Spotlight on Sue Pardy PLUS Is your marketing GDPR compliant? Health and safety is more than a procedure Are your secrets safe? The gods among us
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The Business Bulletin
A magazine that works for everyone Paul Green Founder & Chief Editor
Welcome to the fifteenth edition of The Business Bulletin. Hopefully you will enjoy this edition which focuses on operations and resources. Published every four weeks, it will cycle through the following themes: ■ Finance ■ Sales & Marketing ■ Operations & Resources ■ Strategy & Personal Development It will bring together a collection of articles aimed at any small business owner who doesn’t have all the answers and is open to some thoughts and advice from some of the leading experts in their fields. So what makes this different to any other publication? I’m glad you asked! For the reader – no more advertorials. All the featured articles have been chosen for their valuable content, not because the author has paid to be published or taken out an advert to get their slot! For the contributor – you can submit articles for inclusion without having to pay for the privilege or having to advertise. If your article is deemed suitable based on its merits – that it is relevant,
All the articles featured in this magazine have been chosen because of their valuable content
good and engaging content and not promotional of your business, then it will be published. For the advertiser – if a publication is more engaging due to the content, then it is more likely your adverts with be noticed. The number of full-page and half-page ads is limited for each edition and there will be a limit on the number of advertisers from a given industry sector. This means your advertisement is more likely to stand out from the crowd and not be lost in a sea of competitors. Your feedback and thoughts on this magazine are welcome – let
Join in!
us know your experience. Contact us to contribute an article or
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place an advert for future editions contribute@business-bulletin.co.uk
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© Copyright 2021 The Business Bulletin. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanic, photocopying, recording or otherwise without prior permission of the editor or the author of the article. Disclaimer – no responsibility can be accepted for any actions that you take as a result of the content provided in this magazine. There is no guarantee that implementing any of the advice contained in the articles will definitely ensure your business success or have a positive impact. They are presented as information based on the experience of the authors working with many different types of businesses in their field of expertise and are provided as a choice for you to consider if they will be useful for your business.
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The Business Bulletin
Contents This edition focuses on operations and resources and brings together a wide range of topics with a selection of quality articles from leading experts in their field.
Review your operations through the lens of the customer Charlotte Green So you want to go hybrid? Adrian Spurrell
6
9
Why fire safety training matters Simon Philp
22
BPO or RPA? That is the question! David Martin
24
27
Introducing a flexible benefit programme Sue Pardy
11
Are your secrets safe? Steven Mather
The gods among us Daishik Chauhan
14
Spotlight on
Why should you have written processes in your business? Kathy Bassett
16
Health and safety is more than a procedure Neil Chambers
18
Boosting your employee engagement – simples! Lindsey Marriott
Sue Pardy
31
Is your marketing GDPR compliant? Gayle Parker
35
Ask the experts
37
SME survey
41
20
Issue 15 – Operations and Resources | 5
The Business Bulletin
Review your operations through the lens of the customer Before, during and post-pandemic businesses should be continuously looking for opportunities to improve processes. If your business has grown rapidly or stayed the same, the way our employees and customers feel and what they expect has shifted; but do you know what that looks like?
Businesses have been impacted
Charlotte Green Specific Learning & Coaching Charlotte is a leadership and management specialist, offering coaching, training, mentoring, employee and customer insight, along with
activity and track every single step/
systems and processes, there is an
touch that your customers experience.
expectation to be able to offer high
Follow it… “through your business from
levels of service at all times, coupled
one point, to the next, to the next, to
with the expectation to retain
the end” and map it out. It’s amazing
our existing workforce, our talent
what this exercise reveals!!
that are striving to provide high levels of customer service, that are quite frankly in a world where your competitors are offering amazingly unique offers to attract new employees
associated business consultancy. She is driven by a firm belief that harnessing the input of clients, customers and employees, is a super valuable resource for every business. Charlotte is passionate about personal development, leadership resilience and customer experience and
So how do you go about reviewing your processes? One solution is to work with customer experience specialists who could
believes her clients already have great
deliver a customer audit, often
people, services and products -and it’s
referred to as a customer touchpoint
often small adjustments or adaptations, rather than massive changes that help to realise your targets. 07954 179010 charlotte@specificlc.com specificlc.com
6 | Issue 15 – Operations and Resources
Review all external and internal
by a requirement to adjust internal
review or CX. A quick and dirty customer audit
Another solution to capturing insight that will enable you to make change and improve processes is to carry out a customer satisfaction survey and a more detailed employee engagement survey. Ask your customers and your employees what they think? Wouldn’t you rather be specific?
What should I expect to find out if I carry out a customer audit? 1. A detailed operations
that you could do yourself is to take
review and customer audit
a cross-section of tasks from all cross-
will establish the true
functional departments and immerse
Impact to business as usual,
yourself in every step of each and
revealing time wasted,
every possible process of when your
money being spent, and
customer touches your business.
mistakes being made
The Business Bulletin
2. Taking a deep dive into the situation will uncover the actual disruption to daily operations, impact on team morale and the truth of your customer satisfaction. We call this noise!
ratings and therefore increase
and offers collaborative Improvement
customer retention
methodologies. It’s not just about
■ Identification of product or supplier failures will improve cost control
removing waste from processes without thinking it through, it is about understanding what customers see as value; anything that is not value is deemed as waste and can be tweaked.
increased workloads that your
What other collaborative process improvement methodologies are out there?
teams are working hard to
You may have heard of businesses
equals value.
firefight on a daily basis
becoming Agile (DSDM established
3. Insight will highlight and amplify process workarounds, process bottle necks and
the agile approach in 1995). The Agile
How will a customer audit help my business? ■ Realising a compelling view of the existing customer experience and the internal ‘noise’ that
manifesto sees values in all of the following, however values the ones on the left more… 1. Individuals and interactions over processes and tools 2. Working software
employees are experiencing will
over comprehensive
provide operational efficiency
documentation
opportunities ■ New and amended procedures will increase employee engagement and improve response rates to queries and orders, and speed
3. Customer collaboration over contract negotiation 4. Responding to change over
the style of working which is that it’s collaborative. It allows flexibility,
improved communication and service for customers, meeting their expectations ■ A defined customer experience process and culture, embedded into your business will provide a closer relationship with customers than ever before and increase employee morale, creating that “great place to work feeling” ■ Efficiencies gained across
too, VOB. So, if your customer or the business “needs it” and truly does, this
A couple of our favourite improvement methodologies are: 3Cs – Concern, Cause and Correct ■ Concern – Identify, understand and articulate the problem and realise what it is that needs to be addressed ■ Cause – Identify the root cause and the best solution
What we enjoy about Agile is
time for customers email processes will result in
as VOC and the business has a voice
following a plan
up the task to completion ■ Improved telephony and
The customer’s voice is referred to
working closely with the customer (customer being internal and external) through the process, ensuring the solutions actually do meet the needs of the business. Best of all recognising that horizons change as you make change and to hold back on decisions about detail with this in mind. Businesses are learning more and more from Lean Six
the business will improve the
Sigma which
handling of customer enquiries,
originated
reduce complaints and will
from Toyota
improve customer satisfaction
and Motorola
Issue 15 – Operations and Resources | 7
The Business Bulletin
■ Correct – Implement the agreed/chosen solution and process to maintain Kaizen Kai + Zen Continuous, small, incremental improvements by everyone. Everyone is from senior management teams to cleaners. “Everyone” is encouraged to continuously improve and make suggestions regularly. Kaizen is not about making major change, it is based on making little but regular change and always improving productivity and effectiveness, safety and controls whilst reducing waste. You would have heard the term “change for the greater good”.
8 | Issue 15 – Operations and Resources
Why is the root cause important?
curious leaders to lift up rocks, shake
Once you identify waste and decide
audit and customer/employee surveys
that you want to reduce it or remove it completely, it’s important to know where it originated from. If it sits within the business and with employees, if issues are not addressed properly through training and follow up, issues will creep back into your business What if the issues originate from a supplier, an item poorly manufactured? Defining the source will allow you to focus on removing the source or agreeing to accept the waste. So, whether you do it yourself, or get the experts into work with your
the tree and deliberately look for ways to improve operations a customer are a great start.
The Business Bulletin
So you want to go hybrid? At the moment all the talk coming out of lockdown is around hybrid working. It seems to offer the win:win of more flexibility, greater productivity, greater employee choice, reduced travel time and costs, and reduced office space. Here are some thoughts about what you need to consider. What is your purpose? One of the notable changes in 2020 was the number of people who took time out to question what they were doing and what it was that fulfilled them. Some, like frontline and key workers, who are often lowly paid, may not have had the luxury to take the time to reflect. They have,
some people are in the office and
in the way?
others are working from home your purpose needs to be clear. Does your organisation have a clear purpose and does that feel worthwhile; and will it allow people to make great decisions when they are working in different locations?
Experiment Much still remains uncertain. Will another lockdown happen? How is the market responding? What does really good Hybrid working look like for us? And the answer to this latter is – find out. Don’t be too quick
however, been wondering at the
What do you mean?
difference between their pay and their
When you talk about hybrid working
colleagues what can and can’t be
what exactly are you talking about?
done. Set some boundaries, some
For some it just means being in the
key principles – we need staff in the
office some days and working from
office every day, or we have core hours
importance to the ongoing running of our society. As the pandemic recedes, or even if it doesn’t, these questions will more
home others. For others it means a
frequently come to the forefront for
combination of home and workplace
people, especially for those workers
activity AND flexing actual hours of
who have choices about who they
work. Think it through – what do you
work for and what they do. To keep
really need to happen and what will
your organisation together while
deliver your purpose and what will get
to set your policies in stone, or tell
Issue 15 – Operations and Resources | 9
The Business Bulletin
where everyone has to be available; or
engagement and productivity. Many
others are in the office. Or feeling the
we will have face-to-face meetings on
people relish the sovereignty hybrid
lack of the camaraderie that comes
a Monday afternoon.
working promises – the freedom,
with being a part of a close-knit team,
choice and control they are given over
if you are all working variable hybrid
their lives.
hours. Needless to say, that need for
And then try them out – and if they don’t work – change them. Experimentation is key. This is crucial
On the flip side lockdown also saw
for two reasons. First is you don’t know
an increase in burnouts as people
the right answer. Second, it increases
found it much harder to switch off
the engagement and productivity of
and step away from work without
your colleagues.
that physical transition of the journey back home. Something seen in the
Healthy hybrid
Vitality healthy hybrid research. This
In a recent McKinsey survey two of the top hopes and fears of staff were the same – whether they were returning to work, working in a hybrid fashion, or continuing to work from home – work/life balance and wellbeing. The evidence from lockdown is very clear – paying attention to the wellbeing of staff and how they are managing their work drives increased levels of
Adrian Spurrell The Red Thread Partnership Adrian has a strong belief that people have the capacity to change and excel but frequently their existing beliefs and habits get in the way. His focuses on attitudinal and behavourial change by getting people to explore their current
long-term study across the pandemic highlighted that certain groups: female carers, young colleagues and BAME colleagues were more adversely impacted by working from home. Ensure that whatever hybrid working ends up looking like for you – you pay attention to the challenges working from home creates for these groups.
Fairness
varies from person to person. So how are you going to ensure that you build strong teams and that the teams fit together well. One feature of working from home – when everyone is working remotely – is that strong teams can be built, but they tend not to connect so well with the rest of the organisation. Is there a risk that this will happen when you ‘hybridise’?
Collaboration The other big challenge when you have team members working in different places potentially at different times is how do you enable collaborative working. And this is
Are your arrangements fair? Some
where technology really can play
people may not have an option about
an important role. What is your
where they work and may resent the
technological infrastructure, and does
fact that their colleagues can. Some
it support the ways of working you are
may make considerable savings by
hoping to move to? And crucially does
travelling less, again potentially stoking
everyone know how to use it? While
resentment. Others will have to convert
it’s great to allow teams to experiment
rooms at home to work, or need new
with new technologies, you do need
furniture, or may not have a good
some core infrastructure that is
space to work at home. Be open and
shared across all your organisation so
engage with colleagues about these
that everyone can communicate and
issues. You won’t be able to satisfy
work effectively with each other.
everyone, but you do need to hear what is being said and consider it in designing your hybrid way of working.
context, their belief and the behaviours those beliefs drive. His experience is
belonging and how it is achieved
Conclusion The reality is some forms of hybrid working have been around for a
extensive and broad including: working
Connection
on a one-to-one basis leaders; top team
At the end of the day, however, we
of trust that have prevented the
coaching and development; facilitating
are all human and every human has
benefits from being more widely
some degree of need to feel that
realised. Trusting your colleagues and
they belong. The reality is that some
investing in building the cultures,
industries and organisations have
systems and processes that will
been hybrid working for a number of
create a sense of belonging aligned
years already, and research exists to
around your purpose, will enable you
show how people feel when they work
and your colleagues to be successful,
remotely. Key among the findings is
agile and happy.
leadership development workshops, developing the management skills of line managers and broadly based culture change projects for public and private organisations, with people at all grades and from diverse countries. 07530 663543 adrian@the-redthread.co.uk the-redthread.co.uk
the sense of being left out, if you are the one who is working away, and
10 | Issue 15 – Operations and Resources
while and it is only fear or a lack
The Business Bulletin
Introducing a flexible benefit programme Flexible benefit programmes used to
Flexible benefit arrangements are
be something which were only really
accessible for SMEs and are a realistic
now something that are much more
accessible to larger organisations, due
option for small employers who want
to the administrative burden and costs
to ensure it best fits their workforce
to improve their benefits offering
involved. Flexible benefits providers used to
profile and meets their objectives of
require clients to have minimum employee
good employees.
numbers higher than many SMEs, or costs of the systems and support were prohibitively high.
attracting, retaining and supporting
What are flexible benefits? Flexible benefit programmes enable employees to vary their reward package to best suit them and their personal circumstances. They can either retain their existing salary whilst opting for selected benefits from an available range, or sometimes can vary their salary as well, either up or down by taking more or fewer benefits.
Issue 15 – Operations and Resources | 11
The Business Bulletin
It means that where you have a
think the change is somehow to save
varied workforce, with different needs,
money for the employer, for example,
each employee can get the best perks
the scheme could have the opposite
to suit their needs and preferences. If
of the desired effect.
you are spending a certain amount per head on employee benefits, each member of employees should be getting maximum value from that, which means you are getting maximum benefit from your budget. Employees can get a total budget,
Consult your employees at an early stage when you are considering something like this. Make sure their views on what benefits they’d like to see are listened to and taken into account, and their queries on the implications for them are answered
and may have a ‘core’ set of benefits
clearly. Make sure you are able to
that might be variable but may not
clearly demonstrate that employees
be able to be removed from the
will either see a neutral financial
package altogether, such as pension,
impact or a positive one.
and may also have some non-core additional benefits. Sounds great doesn’t it? It certainly can be, but there are some key things to remember if you’re considering implementing flexible benefits.
Consult and communicate When it comes to reward, change can be viewed with suspicion by employees if not handled well. If they
Communicate with employees along the way and continue to do so. Are they clear on how the system works, how and when they can change their package, what the impact is on their notional and actual salary (if they are able to vary salary as well as benefits), and who they should talk to if they have problems?
Consider using a specialist benefits provider You can certainly offer some flexibility of benefits without using a specialist provider, and that might work for you, but there are now plenty of providers who work with smaller organisations on a reasonably cost-effective basis
Sue Pardy Face2FaceHR
and will administer the scheme for you. If you want to offer a large range of benefits, as a small organisation
Sue is a highly competent and
realistically you will need a provider to
knowledgeable HR consultant with
do this, as the administrative and cost
over 20 years’ experience gained in both public and private sectors across a wide range of industries including retail, insurance, financial services, professional services, education and charities. She now works with SMEs across all industries providing practical and affordable HR support. Her ethos is to ensure that all support is tailored to each business as one size does definitely not fit all. 07936 663314 sue.pardy@face2facehr.com face2facehr.com
12 | Issue 15 – Operations and Resources
burden of offering lots of different benefits is likely to be too heavy. If you are going to work with a
Don’t overcomplicate Whilst variation in benefits is great if people can make sure their package suits them and their family, some providers offer a bewilderingly large number of ‘little’ benefits, such as vouchers and retail discounts. Be very sure these will actually be used by employees first, otherwise you will be paying for them in the overall costs but without the advantages you want to see. Again this goes back to consulting well with your employees when making these decisions.
Don’t assume it’s the best option Flexible benefits sound great, but if during consultation you find that your employees really aren’t interested, and would really prefer a bit more holiday or an improved pension scheme listen to them. Implementing a flexible benefits scheme can be time-consuming and involves an administrative cost. If it means your employees feel valued and enthused about their reward package, and buys you loyalty and retention, that’s brilliant. But if your employees aren’t likely to bother exercising much flexibility, it might be better to focus on finding one or two really good benefits and other ways to reward them and keep them engaged and happy, perhaps revisiting it at a later date.
Review regularly Finally, keep communicating with your employees once you’ve implemented a flexible benefits
provider, seek recommendations
system, to make sure it’s working well,
from other business owners, your
that problems are resolved quickly,
HR provider if you have one, or
and that the menu of benefits
accountant. Ask about what support
being offered continues to suit your
will be available, look at any online
workforce. You may find after a year or
system they use for employees to
two that a particular benefit just isn’t
access, and find out whether it
being taken up at all, and removing
interacts with other systems you
it and adding something different
might have.
might be sensible.
The Business Bulletin
Securing your business
C4 Secure
With , administrators can set which authentication methods will be offered to users based on the sensitivity of the application. For example, administrators may decide that SMS authentication is suitable for low assurance applications, but not for those that require a medium or high level of identity assurance. Also, with RSA SecurID Access, users have the flexibility to choose from the allowed authenticators at runtime, which makes a convenient experience for users.
Usernames and passwords are not enough. Thousands of employees require on-demand, 24/7 access to your VPN. Revoking that access is not an option and neither is making the authentication process for complex. A recent Data Breach Investigations Report found that
If your employees rely on usernames and passwords alone, you’re at risk for a VPN security breach. Are you sure your users are who they say they are? Can simple authentication and vigorious security co-exist? Found out in the RSA eBook:
is a powerful, feature-rich platform that delivers substantial productivity gains and cost savings. However, organisations rushing to adopt Office 365 risk creating holes in their wider security architecture. See where you could be exposed and what to do to get protected, if you’ve migrated to, or are considering migrating to Office 365, contact to learn about: ● ● ● Issue 15 – Operations and Resources | 13
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The gods among us
Daishik Chauhan
Have you seen, or are you in an organisation or team that has a “Team God”?
Crucis Consulting Daishik Chauhan is a full-stack contract software developer, software and IT consultant, and Microsoft Azure solutions architect. Through his company, Crucis Consulting Limited,
I probably should explain. I’ll illustrate
Brian is usually in high demand,
by way of the software development
spending most days in back-to-
sector, although you may recognise
back meetings, engagement in
similarities in your own business or
other side projects of the business,
workplace. Brian (with apologies to
helping colleagues, customers, and
Monty Python, for it is usually a “he”)
management understand issues, both
is a lead developer. He’s done several
technical and non-technical, as well as
years in the business and through
doing his actual job of lead developer.
longevity and some office politics is now the expert and conduit for all his department’s activities. The business funnels all projects
Typically, Brian works long hours, frequently even weekends. He must plan carefully to take any extended time off, sometimes even calling in
and queries through Brian,
or being contacted whilst on holiday
circumventing the usual roles. Brian
or leave. On his return, Brian has an
becomes not only technical lead, but
overflowing inbox to tackle. Brian is
also test lead, scrum master, business
instrumental in controlling the quality
analyst, subject matter expert,
and quantity of work of the rest of
application and solution architect.
the team, including non-technical
Brian may also become line manager
members, often having little choice
to the development team, controlling
but to drive co-workers to his own
team resourcing.
feverish intensity of work to mitigate
14 | Issue 15 – Operations and Resources
Daishik specialises in technical and business analysis, delivery planning and coordination, and Microsoft database and software consultancy. 07949 243306 info@crucisconsulting.co.uk crucisconsulting.co.uk
shortcomings in process, skills and resource in his own department and the wider business. And to make up for the fact that Brian is nearly always overworked. If Brian wants to maintain the little empire that has been built around him, he must keep delivering, and not rock the boat with too much change. Brian certainly doesn’t want to make things better. A smooth-running, well-resourced team with knowledge and skills held collectively would shatter his special position.
The Business Bulletin
For their part, those around Brian like the idea that they can get quick answers and solutions from a single point of contact. People find that their own objectives are streamlined by feeding Brian’s ego. They can delegate ‘difficult’ problems to him without having to make great efforts themselves or take responsibility for those solutions. The business can avoid the cost of filling the roles that Brian appears to juggle so well. Brian ensures he has the support and respect of a core of his team members and his immediate line manager. Together they plaster over the cracks that inevitably appear and do just enough to ensure that the wheels don’t come off. The wider business doesn’t care how the work gets done, because it’s the results that count, right? They prefer to look at “the big picture” and
developed quickly to match
or stress and burnout. Those are the
the pace of growth.
positive reasons.
3. Management and new staff
On the negative side, Brian may
find it easier and quicker (and
leave because of a rise in friction or
cheaper) to simply refer their
falling out with other team members
questions to Brian. Brian offers
or management.
a quick fix or a quick answer. He just knows, you see. 4. Knowledge become
Brian’s future might be sealed when a dramatic system failure or incident exposes the precarious way
concentrated in Brian. Whilst,
the business has been operating.
others know a part of the
Since Brian is central to almost
picture, or even large parts of
everything, the axe will fall on him.
it – only Brian understands
Brian’s reputation will probably not
the full picture and the critical,
crumble instantly, but questions will
fragile parts of the systems.
be asked. Efforts will be made to
5. Brian becomes Team God. Depending on the size and type of business, Brian’s successes or failures now become directly linked with the success or failure of almost every project.
dilute the over-reliance on Brian. With his authority gone, Brian’s position becomes untenable, and he almost inevitably resigns. Initial attempts to recruit and retain a like-for-like replacement Team God inevitably fail. Brian’s role finally gets properly defined.
in any case, the business’s bottom line
Team Gods deliver
looks healthy. After all, they trust Brian
A Team God is expected to do it all.
restructure invariably follows. New
And he usually does.
blood is brought into the team;
and his team.
No business analysts? No problem.
A Team God is born
Brian has worked in this department
Most people and businesses know
for years and knows the business and
that having a Team God is a bad thing. Having such a concentration of knowledge, skills, and control in one individual is extremely dangerous, yet a Team God like Brian is one of the most effective ways to solve the issues caused by nearly every shortcut a business may take. Few businesses set out to create a Team God; it just happens under circumstances of poor management and a persistent culture of short-term thinking and inadequate resourcing. 1. Brian starts in the business as a senior developer, for example. 2. The business or department grows rapidly, and Brian’s
A significant and expensive team
people who have never known the Team God and are intent on change. Systems and processes are finally
systems like the back of his hand.
improved with great cost and
We’ll invite him to the project kick-off
disruption as the team and business
meeting, and he’ll take it from there.
grapples with gaps in knowledge and
No plan? Well, we have a deadline, so we’ll make sure Brian knows how critical it is for us to get delivery by then. Brian has a can-do attitude. He’ll manage his team resource and make this a priority. What about time for testing and quality assurance? We haven’t written any acceptance criteria or bottomed out all the requirements, but Brian’s done this kind of project for this kind of client before so knows what’s expected. He’ll make sure the testers know which bits are critical to test.
knowledge and skills make
Team Gods are not eternal
him critical to some projects
Eventually Brian will leave. It might
or products that had to be
be for personal reasons, a new job,
process, exposed technical issues, drops in productivity and quality, and even reduced customer satisfaction.
Inspiration In “The E Myth Revisited” (Chapter 5) Michael Gerber touches on the risk of creating a ‘Harry’ or ‘Elizabeth’ – a person given too much control over a small business because the owner doesn’t have the ability, courage, or desire to get involved himself. This article is inspired by my real-world experience of that phenomenon in the business of software development.
Issue 15 – Operations and Resources | 15
The Business Bulletin
Why should you have written processes in your business? Let me ask you a question, does everything in your business always get done on time and to the standard you expect?
Are you thinking there is always room for improvement? How about this for a train of thought. Maybe your team lack direction? Do you ever get unplanned absences in your team? You do? What would you do if a key member had to take an extended period of time off? Or decided to leave? Would your colleagues know what to do if you
were taken ill suddenly and were
delivered in the same way every
out of action for a long time? If your
time anyone does it.
answers to these questions are “I don’t know” or “No” then read on. Written processes form the backbone of every successful business. They provide the directions for everyone to follow and can help fill in the gaps when people change roles, leave, or are absent from the business. They also provide a stepby-step guide to everything that happens within the business. There will, of course, always be times when a human being needs to make a decision, the systems can only do so much, (80/20 system/human rule). Now are you sitting comfortably? Here are 10 reasons your business should
Kathy Bassett ActionCoach Kathy’s passion is working with owners of successful small to medium sized companies. She can help you to bridge the gap between where you are now and where you really want to be, whether it be to grow your business long term, or to implement an exit strategy. 07952 112432 kathybassett@actioncoach.com actioncoach.co.uk/coaches/kathy-bassett
16 | Issue 15 – Operations and Resources
have written processes: ■ Everyone saves time – written processes make clear what everyone’s job is within the business and how they should get it done. ■ Vital to a consistent approach
■ Easy to measure elements and change if necessary – written processes form the framework for everyone to work to, they also allow people to develop and change if they find a better way of doing things. You just need to make sure that the relevant process is updated to take this into account. ■ Real clarity on timings – as part of your business plan you’ll have put together a list of goals and with these a list of deadlines to achieve them. Written processes help you to see what’s feasible and the timescale in which you can achieve them. ■ You can see how processes are linked together – putting the effort in and writing down all the processes within your business enables you to see
– whether it’s sales, customer
which ones are linked together.
service, or billing, a written
You may also be surprised to
process sets out how your
find out which processes aren’t
employees should approach
linked to any others. Are there
the task and ensures that it is
any? Are there any areas you
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have missed? Try a flowchart
■ It’s easier for someone other
to simplify your daily working life.
for the business linking areas,
than the usual person to hit
Even if you work mostly on your
then more detailed ones for
the ground running if they
own you still need processes.
each task/department. The
have to cover – over the time
flowcharts will clearly illustrate
you’ve been in business I bet
each persons/depts. Inputs
you’ve had people leave, go
from and outputs to.
on maternity leave, or perhaps
■ There is clarity around who contributes what – this enables everyone to see what roles are in the business and the contribution they make,
be on long term sick. Clear written processes act as the instructions, or office manual for the person covering. ■ Nothing missed – your written
encouraging people to closely
processes should cover off
work together.
every aspect of your business.
■ Help you to highlight blockages and make changes – one of the most important reasons for going to the effort of writing down your processes. You’ll quickly see where the blockages occur and you might even find that you’re one! Identifying the bottlenecks
It’s worth getting other people within the organisation to read through and check them too. You’ll be surprised what you spot, has your office manager included a process for restarting your network if required? Who has keys to the office?
As you’ll see written processes are EVERYTHING Just an additional thought, rather than trying to write your processes yourself, ask each person to write their own. It will save you time and be what is actually happening day to day, not what you think is happening. Not only will this exercise help you and your business, it will also help your team to get clarity on what they do and what their team mates do too. Increased understanding, interaction and cooperation has to be a positive eh? Do please let me know how you get on introducing, or revamping your processes and remember I am always here to help.
■ Gets everything straight in your
means that you can make
mind – written processes take
the changes that are required
the stresses and strains out of
to speed up your processes.
running your business. They
Maybe you’re overcomplicating
provide a clear pathway for
something, or missing a step.
everyone to follow and will help
Issue 15 – Operations and Resources | 17
The Business Bulletin
Health and safety is more than a procedure We all know that health and safety is important. But I see time and time again that businesses spend the money getting their health and safety arrangements documented, but then these arrangements just sit in a folder gathering dust. Implementing it is the most important part of all. But how can you easily take the ideas and make them happen? For me, I couldn’t think of anything
And that’s all it needs to be: as safe
means physically walking around all
worse than not looking after
as possible. Legislation asks that you
your property, including areas like
employees. No matter what sort
do things “so far as is reasonably
your car park, and spotting where
of business you run, there is no
practicable.” But could you honestly
potential problems might be. You
excuse for not having protection in
say you’ve done enough?
need to include both the things we
place that ensures everyone in your employment is a safe as possible.
If you want to improve the health and safety within your business then there are four stages that I recommend you go through. This will ensure you have a proactive health and safety process.
Stage One Neil Chambers Sky Blue Safety Neil helps businesses who want to take ownership of their health and safety. He does this by either offering guidance and support or through helping with the recruitment of in-house professionals. Through Neil’s experience, he has found that for any health and safety management system to be truly successful, it has to be owned by and personal to each organisation. Every business is different and uses its own terminology, and the policies need to work for your specific circumstances. 01933 812 234 neil@skybluesafety.co.uk skybluesafety.co.uk
18 | Issue 15 – Operations and Resources
may easily be able to identify, such as how secure is the handrail. Are there holes in the wall or ceiling that might cause problems? Are there too many extensions in one socket, potholes in the outside space or a blockage near the fire door, through to things which may not be so obvious? This will include such things as the control
The first stage is simple. All you
of legionella for hot and cold water
need to do is identify the significant
supply, control and management
hazards within your business. This
of maintenance contractors who
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you engage, or requirements to
■ Culture is the perception
provide health surveillance for your
and expectation of Senior
employees. Also, how many of the
Management/the Board as
substances used on your site have
to what is happening and
exposure limits listed in section 8 of
where you spend money on
the safety data sheet? Go around, look
having your arrangements
at everything, and be as honest as you
documented
can about what issues are there.
Stage Two For each of the problems you find, you next need to establish whether you have a policy or procedure documented to cover that particular issue. Do you already know how you would manage or control the hazard? If yes, then you need to ensure that people know about it and know their roles, responsibilities and training. If you don’t and this is a new issue, then you need to document how you’re going to manage or control it, and then you need to assign a person to take charge of it.
Stage Three Stage three is about implementation. Are you doing what the policy or procedure says? It’s a very common occurrence that people have a detailed policy that covers all eventualities, but they do nothing with it. It essentially becomes meaningless paperwork. If a hazard has been spotted then it should not just be left. What does the policy say about managing it and has it been implemented? We need to do all we can to ensure the safety of people. Just ticking the box to say you have a procedure is actually a waste of money. Until all of the procedures are shared with responsible people and all actions have been taken, then you aren’t meeting your health and safety requirements. It can take time and it sometimes won’t be easy to do, but it’s very important that it’s done right.
■ Climate is what is actually taking place This is where the check element
improvement or development ■ Act – From the findings from checking, review plan section, document changes and implement through the do section
Implementation I find that most businesses have covered stage one. Often they will have
is extremely important. When was
hired a consultant if they don’t have an
the last time as a senior manager or
in-house Health & Safety Manager, and
board member you took a copy of
this person will review the hazards and
one of your risk assessments, policies
then will provide a folder detailing the
or procedures and then identified
findings. This is then the end of the
from the document what should be
road for many businesses. Stages two
taking place to ensure the climate
and three – the implementing and
is in line with the expected culture?
checking – are never put into practice,
Just because you have an expectation
let alone stage four.
of the culture, it doesn’t mean it’s actually happening.
Stage Four This stage is about evaluation. What actions can you implement to identify if something isn’t being done, or if improvements can be made? The Health and Safety Executive (HSE) uses the Plan, Do, Check, Act model. This model is built around continuous improvement. It is accepted that a business may not be perfect, but it’s important that improvement is part of the culture of the business and it’s not deemed as acceptable to do nothing. The Plan, Do, Check, Act model is a recognised system for managing health and safety within a business, and this simple system could really help you out. The elements stand for: ■ Plan – Documenting of policies, procedures ■ Do – Implement, advise staff, carry out training ■ Check – That what is
There’s no reason that many businesses can’t manage health and safety themselves on a day-to-day basis. Although some areas may need specialist competent advise, such as legionella or a fire risk assessment. However, if you are retaining a consultant, make sure you ask them how they will ensure all four stages will be implemented. In addition, policies should always be written as guidance in the tone, language and terminology of each individual business. If they’re written purposefully for a particular business, it makes them easier to implement and understand. I often compare health and safety to HR. When do you read your HR policy? When someone is off sick, queries a holiday, wants to make a grievance or is facing disciplinary action? And that’s fine. The policy is there to help. But when it comes to health and safety, if something has happened, it’s normally too late by then. The policy won’t help you after someone has been injured. If you’re not proactive, you could be risking
documented within your policy
someone’s health. Is that what you
understand the difference between
procedures is being followed,
want on your conscience?
culture and climate.
or if there are areas for
It’s also important here to
Issue 15 – Operations and Resources | 19
The Business Bulletin
Boosting your employee engagement – simples! Imagine simplifying the complicated, costly, and often convoluted processes that the ‘Customer Experts’ tell us will improve our employee engagement?
The experts might cite behavioural
disruptive, or at least, not completely
Here are our FOUR employee
changes as being much more difficult
engaged with the business purpose.
engagement pillars to help you
to tackle than simpler (?) employee
Understandably, it feels tough to
boost your employee engagement.
issues like timekeeping.
tackle this when you feel you are
We think these are key principles that
And company owners or bosses
working at flat-out speed already
should be reviewed closely, regularly
and the thought of potential
and honestly – way before you
confrontation with some of the team
start any awkward conversations or
gets pushed until it’s “a better time”.
disciplinary processes.
will naturally want to keep the balance across the team to continue service or product delivery for clients – sometimes it’s “better the
But there is never a “better time” is
devil you know” or “don’t rock the
there? So how do you start improving
Pillar ONE: Strategic vision
boat” – even if you have people
your employee engagement in a
Great leaders ALWAYS provide
among the team who are at worst,
structured way…?
strategic vision. The components of
20 | Issue 15 – Operations and Resources
The Business Bulletin
strategic vision exemplify the state
everyone as individuals are skills
of the business as it is now, where
that can be learned – and when
it’s going and what underpins the
demonstrated with integrity, really
business character
encourage the best performance and
Vision: Mission: Values: We’ve all come across these three terms
output from everyone. How compelling are the leaders
at some time in our professional
you have looking after your most
lives –and possibly one or two might
expensive resource – your people?
play a big part in your personal life.
Is your strategic vision being eroded
But what’s the difference between
or diluted because your leaders are
mission/vision/values?
not engaged themselves or don’t
■ Vision – identifying the best possible version of the business – it’s the where you want to be – possibly also the when ■ Mission – the what & why – your purpose – your business reason for existence ■ Values – the how & who – it’s the character, behaviour, and ways of working that your business will stand by, be known for and measure performance against as you work together toward your vision These 3 aspects form your empowering leadership message or strategic vision. They allow everyone in the business to understand why they’re doing what they’re doing and how their daily life contributes to the whole. Ask yourself, how often do you talk about this -how well do the team understand it?
Pillar TWO: Engaging leaders Managers, leaders, supervisors – people who lead others have various titles. What binds the great ones together though, is that their orientation and focus is always on their people first. Managing others’ performance and delivery through coaching and mentoring, giving people scope to bring their true selves into the business and treating
exemplify the vision when leading their teams?
Lindsey Marriott Specific Learning & Coaching Lindsey is a passionate trainer and learning consultant, driven by a firm belief that harnessing the input of clients, customers and employees and bringing those together, is the most super valuable business resource. She
Pillar THREE: The voice of the employee
move people (train/plane/airport/coach),
This is one of the cornerstones
fact, if you rely on a remote workforce to
of great engagement within any business. Your people often have most of the solutions to challenging business issues, so listening, asking for internal advice, and acting based on the feedback makes perfect sense. This simple aspect is also the key to strengthening trust between leaders
loves to work with organisations that logistics, call centres, engineering – in deliver your service proposition, Lindsey understands you. Her passion comes from wanting to help your people shift from ‘process-led’ to ‘service-led’ thinking. She believes clients already have great people, services and products – and its often small adjustments or adaptations, rather than massive changes that help to realise your targets.
and teams and opens channels for people to see how they can
07778 787352 lindsey@specificlc.com specificlc.com
contribute to the business in ways other than their daily role. Insight, engagement surveys, feedback sessions, one-to-one capture – there are so many ways to do this – so ask yourself – “How many times do I ask my team what, how or when?”.
Pillar FOUR: Business integrity
be demonstrated simultaneously, but if you realise that none of the above are strengths, then we’d always suggest you tackle Pillar ONE first. Your strategic vision is the underlying message that supports the other 3 engagement principles.
Simply – acting and doing what you say you’re going to do. Do you have a gap between what you said you would do because of employee feedback for example, and what you actually did? Even if plans must change, keeping open honest and dialogue based on promises made, promises kept or a good reason why not is a foundational engagement building block. There is no process involved here – these FOUR pillars can and should
Issue 15 – Operations and Resources | 21
The Business Bulletin
Why fire safety training matters Don’t make the same fire safety mistake that so many employers fail with. It’s an easy one to make. Imagine – you’ve undergone your fire risk assessment. As a result, your premises are now adorned with a smart array of shiny fire extinguishers, standing smartly to attention in case of fire. Job done!
Well…not quite. Placing a comprehensive collection of fire extinguishers in a building will do nothing to improve its fire safety unless…its occupants know how to use them. And that means training… proper training. This is now a legal requirement. You are obliged by law to ensure that your people undergo appropriate fire extinguisher training – specifically geared towards the building they occupy and the processes you carry out.
22 | Issue 15 – Operations and Resources
What should fire safety training comprise? An effective training program needs to cover more than the mere basics of fire extinguisher operation. Having followed the course, the trainees should be able to know:
■ What specific purpose each type of fire extinguisher fulfils – what kind of fire it’s designed to extinguish. ■ Which type of extinguisher to use on depending on the type of fire
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■ When to use each type of extinguisher ■ How to operate them – and it’s not just a question of ‘point and squeeze’!
an office complex would have
whether it’s likely to get out of control
different sources of fire risks than a
and when to call 999. They also need
hospital. Trainees also need to identify
to have an idea about fumes and
the different key fire risks within a
smoke and to deal with each.
building – for example, the kitchen area and sources for electrics or
A well-designed fire extinguisher training course should give trainees
heating. They need to be aware too of how different types of fire can start.
the confidence to identify the type of fire and judge whether and how to operate an extinguisher to put it out. Here are a few components of fire extinguisher training.
The first principle of fire extinguisher training is to understand the relevance of a building’s structure and purpose to fire risk. For example,
course will teach your people how to
Trainees need to understand that
practise the operation, the less likely
wrong extinguisher is used, it could even make the fire worse. Here are the five main classes of fire 1. Ordinary materials such as wood, paper and cloth 2. Flammable liquids such as gasoline and alcohol 3. Electrical equipment 4. Combustible metals such as magnesium and titanium 5. Vegetable or animal oils Each of these will need to be dealt
Simon Philp Tec Fire and Security
An effective fire extinguisher training
Different types of fire and knowing the right extinguishers there are different types of fires. If the
Understanding key fire risks – know your building
How to operate a fire extinguisher
with using a different extinguisher.
calmly aim and apply each type of extinguisher and when to stop using it. The more they understand and they are to panic and make mistakes.
A simplified and easy to remember takeaway on how to use a fire extinguisher Before tackling any fire, first notify others of the situation by activating the fire alarm call point and calling the fire service. Only tackle a fire if you feel it is safe to do so and never take unnecessary risks. Never attempt to fight any fire in a confined space/ room and never let the fire get between you and your escape route. PASS ■ Pull pin
as a technician back in 1988.,In 2004 he
How to locate fire extinguishers
had the opportunity to join an electrical
Your employees will need to
■ Squeeze handle
Simon started in the security industry
company to start a security division. He did this successfully for 7 years - it was like a trial run for having his own business without the risks. In 2011 he started his
become familiar with where the fire extinguishers are located. In an emergency, they’ll need to know
own business with the purpose of having
where to quickly locate the right
the freedom and autonomy to run a
type. They should also be able to
business without the bad and improving on all the good he had seen on his journey as an employee. Simon’s mission is to keep his clients safe, secure and compliant and work alongside a team that feels fulfilled and has a sense of purpose as they all continue to develop with the business. 01234 345117 simon@tecfireandsecurity.co.uk tecfireandsecurity.co.uk
identify whether an extinguisher is sufficiently charged and if it’s damaged in any way.
■ Aim at base of fire
■ Sweep side to side As you can see, fire extinguisher training is a serious matter. As an employer, you are legally obliged to ensure that your people have undergone adequate training.
Learning how to quickly assess a fire Trainees following fire extinguisher training will need to know whether to fight a fire or abandon it. They need to be able to judge the scale of the fire,
Issue 15 – Operations and Resources | 23
The Business Bulletin
BPO or RPA? That is the question! It could be a specialist subject for Mastermind as many business leaders consider the two approaches. In a few minutes, this article will provide some answers. The challenge for business Every business wants to be able to do more with less effort. It is essential for
The challenge in every business
“Perform the core activity and
is for the generic processes to be
outsource everything else” has been a
performed well and at a low cost.
strategy adopted by some successful
Mid-market businesses have
businesses and is advice provided by management consultants to
a business to remain competitive in
sufficient volume of activity to achieve
an evolving world. Where a process
benefits from different approaches
exists in a business it is contributing to
to the operation of their business
the overall success of the organisation
processes whereas small and micro
but generic processes can be found in
businesses lack the volume of
many other businesses, for example,
transactions. Similarly, mid-market
“accounts payable”. This is essential
businesses will have sufficient
for any business, but it does not
structure in the existing processes that
highlighted how a lack of control can
differentiate the business.
smaller organisations typically lack.
leave a business exposed and not able
24 | Issue 15 – Operations and Resources
some established businesses. This outsource approach has been shown to work but there are consequences to adopting such a strategy in terms of business risks and control. The COVID situation has
The Business Bulletin
to react to a change in circumstances such as the need to rapidly scale up or scale down. Since the millennium there has been a shift in workforce expectations. Questions about purpose, risks to mental wellbeing and risks to physical wellbeing are raised. Business can no longer expect people to work like “robots”.
How has the situation changed?
seem realistic given the big players
During the 1990’s and early 2000’s Although India led the boom in
Different approaches with BPO and RPA
activity, it has also spread to other
BPO is often divided into different
countries such as Pakistan, Sri Lanka,
types based on the service provider’s
Philippines, Thailand, Mexico and
location:
there was a boom in BPO activity.
South Africa. Initially BPO arrangements were
The benefits from BPO and RPA
fairly prescriptive, efforts were made
Business Process Outsourcing (BPO)
in the contract price. More recently,
provides execution of a generic process by a specialist organisation which through economies of scale can deliver cost savings compared with the operation of the process in-house. Robotic Process Automation
to ensure precise details were covered the emphasis has changed so that BPO service providers are encouraged to leverage their expertise and scale to deliver annual incremental improvements to the BPO service for the benefit of the BPO customers.
(RPA) is technology which enables
This has driven BPO providers to look
a process to be completed through
for automation and innovation their
the use of software robots simulating
service to achieve the gains necessary.
the interactions a person would have made on computer applications. By automating the work which people do, the cost of processing can be reduced and the people can use their time more effectively than performing repetitive work. Both BPO and RPA offer financial benefits to existing business process operations. BPO takes over the day-today management of the process, reducing the operational load on the existing business management. RPA has the potential to remove
The emergence of RPA technology to automate repetitive processes has been recognised by BPO providers as one way to deliver their challenges of service improvement. Cyber security and data ownership have become more important topics for business in recent years. These have added complexity to any BPO arrangement, particularly if the provider is offshore. As RPA technology has been
■ Offshore outsourcing, or just offshoring, occurs when services are delivered from a foreign country. ■ Onshore outsourcing, or domestic outsourcing, happens when services are provided in the same country ■ Nearshore outsourcing is when services come from neighbouring countries. BPO is sometimes categorized by the types of services being provided; three categories commonly cited are the following: ■ Knowledge process outsourcing, or KPO, is when the outsource service provider is hired to provide expertise as well as processing capacity. ■ Legal process outsourcing, or LPO, is specific to legal services; these range from drafting legal documents and
successfully deployed in FTSE 100
performing legal research to
enterprises, the software has matured,
offering advice.
so that it is no longer “bleeding edge”.
human errors from a process, as
RPA has become proven, robust and
computers are 100% accurate and
affordable.
process consistently.
entering the area.
Microsoft, IBM and Salesforce have
RPA is data blind, so that no bias is
all made acquisitions to compete in
introduced during processing and no
the RPA market against the market
leakage of sensitive information occurs
leader UiPath. The UiPath aim of
through human gossip.
“A robot for every desktop” starts to
■ Research process outsourcing, or RPO is when research and analysis functions are required rather than specific deliverables BPO is also sometimes referred to as IT-enabled services, or ITES
Issue 15 – Operations and Resources | 25
The Business Bulletin
— a name that recognizes that IT infrastructure enables outsourcing to happen in some situations. In fact, IT Departments are often the subject of BPO arrangements, with IT operations, development partners, helpdesk services and IT Desktop support services being delivered through a BPO Service provider. Similarly, there are a range of categorisations of RPA, the two most common are: ■ Un-attended software robots, that work on data based on a schedule or as it becomes available
RPA ■ There must be a digital input and output ■ Clearly defined scope of activities, with rules based logic ■ Any need for judgement during the process will require humans to continue to interact with those elements of the process, although the use of Artificial Intelligence (AI) can dramatically reduce this activity It is clear, that any business process
David Martin Ether Solutions David leads a team specialising in intelligent automation solutions delivering productivity and quality gains for SME, regional and national businesses by using RPA software robots. With a background in large databases, document management and BPM solutions, David’s experience has been a natural progression to automation solutions as the RPA technology has
■ Attended software robots that
where RPA could be used, could also
work alongside a person, as
be achieved through BPO. However,
an assistant, reacting to and
not every process which could be
interacting with the person
implemented with BPO could be
implementation of automation solutions
achieved through the use of RPA.
whatever the size of the business.
The co-ordination and orchestration of the robots is a key factor in delivering a successful
Conclusions
service, particularly when there is a
For mid-market business that decide
mix of processing types involved to
to use BPO, they may effectively be
deliver hybrid solutions which are
getting RPA without knowing it.
sometimes called “Human in the loop” implementations.
Key criteria for successful adoption are: BPO ■ Clearly defined scope of activities ■ Explicitly defined integrations between the BPO service and the rest of the business ■ Ability to deliver the service in the required timescale ■ Mechanisms to ensure quality of the service
RPA is no longer a choice for BPO service providers but rather a necessity that they need to quickly adopt in order to stay current within the market. COVID has shown that people are a real value to a business, so their time needs to be used effectively hence the focus on optimising “day to day” operations which makes BPO and RPA relevant.
matured. David believes that there is a lot of pride and satisfaction to be gained by everybody involved with the
0845 643 4410 enquiries@ether-solutions.co.uk ether-solutions.co.uk
The Business Bulletin
Are your secrets safe?
Steven Mather Steven Mather Solicitor
Sometimes in business transactions you might need to provide, or be provided, with information which is commercially sensitive – if that information got into the wrong hands (such as your competitor) it might give them an unfair advantage in negotiations with your customers.
Steven Mather is a Consultant Solicitor and specialist in advising SMEs on all legal issues affecting their business – from contracts, employees, intellectual property or disputes. He qualified as a lawyer in 2008 and in January 2020 set up on his own in order to deliver extremely high quality & efficient services to SMEs. 07912 605933 steven@stevenmather.co.uk stevenmather.co.uk
Issue 15 – Operations and Resources | 27
The Business Bulletin
Some of that information can be
for Google’s proprietary search; and
protected through intellectual
customer lists.
property rights such as patents, copyright and design rights all of which can be registered. However, it can be difficult to register some things and many types of information can not be registered. For example, you may give a sales call service a list of your clients to contact. The last thing you’d want is for them to use that information for the benefit of your competitor, right? The law around confidentiality can be summed up as follows: “a person who has received
If you are providing anyone with business confidential information, such as a trade secret, then it is imperative that that information is marked as being confidential and that you have a contract in place. When dealing with another contracts are typically known as NonDisclosure Agreements (NDAs) or Confidentiality Agreements. In an NDA, you can specifically state what information is considered confidential, how it can be used (permitted use) and how it should
take unfair advantage of it, and must
not be used. A good NDA will also
not make use of it to the prejudice of
include other obligations on the
the person who gave the information,
recipient such as being able to
without obtaining his consent.”
disclose to staff, monitoring and
protected under this doctrine three requirements must be met: 1. The information itself must have the necessary quality of confidence – labelling something as “Confidential” is a great way of achieving this. 2. The information must have been imparted in circumstances importing an obligation of confidence – the best way of doing this is having a contract imposing confidentiality obligations (see below). 3. There must be an unauthorised use of that information to bring a claim. A trade secret is a specific form of confidential information which is commercially valuable, treated as secret and gives the owner a competitive advantage. Examples of trade secrets include secret formulae and recipes, such as the recipe for Coca-Cola, Krispy Kreme, Irn Bru and WD-40; algorithms, such as that
28 | Issue 15 – Operations and Resources
■ Plans, sketches, designs ■ New inventions that are not patented or are patent pending ■ Business plans ■ Computer programs
business, such as a supplier, these
information in confidence cannot
However, in order to be
■ Customer lists
logging of use, and importantly what happens if there is mis-use. If you want a simple NDA, I’d recommend you take a look at OneNDA a collaborative effort between some of the top law firms around to create and agree a basic NDA.
What types of information may be protected?
So you have an NDA and there has been misuse – what can you do? There are three main outcomes for a claimant in a successful action for misuse of confidential information, namely: 1. An injunction 2. An account of profits 3. An inquiry into damages An injunction is usually the first choice remedy if the party seeking to protect the confidential information discovers the recipients plans prior to release. The claimant may then seek an order from the court that the person or company must not disclose or misuse the confidential information. However, if the disclosure has
Almost any type of information
already happened – the damage has
can be the subject of confidential
been done – then an injunction is
information, and the law can be
likely to be pretty pointless.
used to protect both commercial information and personal information. Some examples of materials which may be protected include: ■ Formulae which are not publicly available ■ Recipes which are not apparent from the final product ■ Processes such as beer or gin brewing ■ Business methods (until they are used publicly) ■ Financial information
There, one needs to look at either an account of profits or to seek damages. This is where the court will assess and compensate for any loss which has been caused.
Employees are a frequent source of breach of confidentiality Sadly while you can have tight contractual relationships with your suppliers or other third parties with an NDA, the most frequent way confidential information escapes is through disgruntled employees.
The Business Bulletin
For an employer’s key information to have an application in the market, employees must have access to it
Almost any type of information can be the subject of confidential information
and be able to use it on a daily basis. Therefore, it is not practical to simply keep confidential information under lock and key. However, employers can take steps, such as entering into confidentiality covenants, to prevent employees making use of the information either for themselves or for a third party (most commonly a competitor). Unlike with a commercial relationship, an employer cannot confer confidential status on information just by saying that it is confidential. It is the employer’s attitude towards the information which provides evidence that may assist the court in determining whether the information can properly be regarded as a trade secret.
■ It has a legitimate interest that is appropriate to protect ■ That the protection sought is reasonable It is generally accepted that,
In all of these varieties, in order to be “reasonable” they need to be reasonable in duration and scope – there is no set guidance and the Court’s decide each case on its own facts. For example, it would be
provided the contract states as such,
unreasonable to stop an employee
practical ways of putting employees
that confidential information and
working for any competing business
on notice that certain information
trade secrets, such as recipes, client
within the UK. Because the aim is to
is considered confidential and
lists, business information, etc., can
protect your confidential information,
commercially sensitive. Aside from
and should be protected.
this achieves it but stops the
Employers should think about
specifying this in the employment
The biggest question tends to
contract, companies may be able to
be are the restrictive covenants
stamp certain sensitive documents
reasonable.
with a confidentiality mark, print it on different coloured paper or circulate it in sealed envelopes marked “private and confidential”. If you have important confidential information, and trade secrets, it is imperative that you have a robust contract of employment which sets out obligations not to disclose. It may also be necessary to have restraint of trade / restrictive covenants in your contract too.
Restrictive covenants deal with what an employee can or cannot do posttermination. When considering
Instead, we would usually recommend a clause saying they cannot solicit approach or canvass
There are a number of types of restrictions that can be imposed: ■ Non-solicitation – e.g. the employee cannot approach existing customers or contacts ■ Non-dealing – e.g. the
existing customers for a period of 12 months; or that they cannot set up in competition with the business within a 5 mile radius of a shop location. Ultimately, whether a restrictive covenant is reasonable or not depends on the information trying to
employee cannot do any kind
be protected and the type of business
of business with someone in
you’re in.
particular ■ Non-poaching – e.g. the employee cannot poach staff
What’s a restrictive covenant?
employee working full stop.
■ Non-competition – e.g. the employee cannot set up or work in competition with the company
Restrictive covenants are a great way of stopping confidential information being leaked into the wrong hands post-termination, but if you want to enforce them, you need to have them properly drafted by an expert lawyer.
■ Geographical restrictions – e.g.
enforcing a restrictive covenant the
not to work in a 5 mile radius
employer must be able to show that:
of the office
Issue 15 – Operations and Resources | 29
The Business Bulletin
Spotllight on…
…there are a lot of processes, but it is also about human beings – “H” stands for “human”! 30 | Issue 15 – Operations and Resources
The Business Bulletin
Spotllight on…
Spotlight on Sue Pardy Sue runs face2faceHR; a small franchise and she looks after the Milton Keynes area. She has been doing that for five years. She helps small businesses with their HR. Most small businesses need HR, but they don’t need a permanent full-time resource, so Sue can be that resource. She can be the outsource support; supporting MDs or finance managers who sometimes get lumbered with HR! She can help with recruitment through to terminations, if that’s what’s needed; and everything in between – the good, the bad and the ugly!
How did you come to be doing what
building, covering for absence, and
secretary to the personnel manager.
you're doing today?
holiday. It was a really good and
I learned a huge amount from
I fell into HR. I didn't do a degree in
interesting job, because the National
her. I did a diploma in personnel
Trust is very interesting, and it has lots
management at night school at the
of different departments. I used to get
University of Westminster a couple of
the gigs in personnel.
nights a week which took two years.
HR - there wasn't a degree in HR when I was graduating. I did English literature, which is a really lovely subject. But it doesn't necessarily
And because I'd been in there a
After five enjoyable years with
specify a career that you could
while, they always asked for me and
the National Trust, I went to work
go forward with. I struggled with
I realised that I quite liked personnel
for the National Health Service in
getting a job and went back home to
and I then applied to become the
Bedford. That was a baptism by fire!
Blackpool, which is where I was living at the time with my parents. And my mum said, “Well, you need to get a job. So how are you going to do that?” I went to a postgraduate secretarial course, and I learned shorthand and word processing skills. I had 100 words a minute shorthand at one point! I came out with a postgraduate, secretarial verification, and still didn't have a job. I was lucky enough to become secretarial assistant at the National Trust. I was known as a “floater”! That was the term that they
Most of my clients find that I’m very practical. I’ve got a lot of common sense because HR is about common sense.
called us, because there was about six of us and we floated around the
Issue 15 – Operations and Resources | 31
The Business Bulletin
Spotllight on…
All the niceness of the charity world,
a difference. I found when I worked
worked in education, retail charities,
then suddenly I learned all about
for corporate companies, I was just
professional services, financial
disciplinaries and grievances. I was
a person - they didn't know who I
services, a whole raft of different
very lucky, I had a wonderful manager
was. If I left, my team wouldn’t have
industries, and all of them have their
who said you’re going to decide if
been bothered! Working with small
little nuances and their cultures. It
you're staying in the NHS and make
businesses I know that my advice, or
sounds a bit trite but my style won't
it your career, or you need to get out
my training that I've worked through
suit everybody. For me, it's about
because you'll be pigeonholed and
with them, is making a difference.
finding that right fit. Most of my
other companies will be very nervous
I know that because I'm talking to
clients find that I'm very practical. I've
about taking you on, because of your
the business owner, or the MD, that
got a lot of common sense because
public sector background.
I've got their ear. They ring me just to
HR is about common sense. A lot of it
bounce something off, because they
is understanding people and how you
to KPMG. A fantastic opportunity
know they might have got the idea;
deal with those nuances. Personality
and that was when I came to Milton
they might have the answer, but they
does come into it and I try to have fun.
Keynes. This was the first time I'd
just want to double check it. And that
It's important if you're dealing with
worked in a big corporate. I’ve stayed
makes me feel good. It makes me feel
a difficult situation sometimes - it's
with HR and worked for some very big
motivated that I am doing a good job
important to have a laugh.
companies. I even worked in Australia.
and making a difference within their
I got to the stage where I was doing a
business.
So I left and I went from the NHS
part time job as an HR manager for a
I think one of the things I really do
small business in Milton Keynes, but
sort of harp on about is most people
it wasn't enough to fill my week. As I
think HR is about processes. Don’t
really enjoyed providing HR for a small
get me wrong, there are a lot of
business, I thought why not give it a go
processes, but it is also about human
on my own? I can’t remember how I
beings – “H” stands for “human”!
found face2faceHR, but as I was scared
Even if you're following a process,
about going out on my own, I thought
that's fine, everybody can follow that
that would overcome the nervousness
process. But it's about how you do it,
as I would be supported by the
it's about putting that respect and
franchisor and other franchisees. The
dignity in place if you are dealing
back up would be there. So, five years
with a redundancy for example. You
ago I took the plunge!
can still talk to the people as they're
I'm very lucky with my brand
humans. You've worked with them for
Some cases must be harrowing for you, so how do you personally cope with that? It's an interesting one isn't it? Emotionally I try to distance myself because it is not my business. From my point of view, you do come across the stress and the tears with some of the jobs I do with clients, but you do become a broad pair of shoulders and then almost a counsellor for some people. People want to offload their problems sometimes. I have learnt over time to switch off. My husband sometimes comments that he doesn’t know how I deal with it. I try
because I feel quite independent,
years - just because you've followed
a lot of people don't realise that I'm
a redundancy process doesn't mean
a franchise. But equally, I feel quite
you lose that humanity. It is one of
independent - the franchise lets us
the things that I try to instil as much
have quite free rein, as long as it is all
as possible with what I do. That's
within the brand parameters. I like
my take on it and what you do is
the brand. I like our colours and all
important, but it's how you do it that
those sorts of things that you have to
is absolutely critical.
having a bad day, there is that option
buying a business.
What makes you different from your
with people who understand.
What's the driving force behind
I think my experience has helped
be appreciative of when you go into
your business?
competitors? me. I haven't just worked for one
and move on – take a break, listen to music, go for a walk or watch some rubbish TV to take my mind off things. I have lots of good friends for support too. We've got a WhatsApp group for our franchisees and if somebody's for an offload in that private space
What would you say is the biggest challenge that you have faced in
I suppose it was a basic need for
organisation - I've had about 15
your business to date?
finance and security - to fill my week
different roles. That brings a richness
For me personally, just learning about
with more HR work because I couldn't
to my experience from all the
business. When I started the franchise,
get another part time. But my “why”
different cultures, I've experienced;
that was probably the biggest learning
has developed over time. I know it
all the different ways of managing all
curve. The HR “stuff” was obviously
sounds corny, but it is about making
the different cases that I've had. I've
all right, but I had to learn about
32 | Issue 15 – Operations and Resources
The Business Bulletin
Spotllight on…
accounting, marketing, and so on. I’d also never networked - I'd heard about networking but had this vision that it was all very cultish, with people rolling up trousers and silly handshakes and things like that! Delving into the world of networking was an eye opener and now I see the benefits. It's just meeting other people that were in exactly the same situation and hearing about their stories and their journeys - I've made some great friends. I look back at it and think how nervous I must have been at the start. If you could give one top tip for any business owner out there, what would that top tip be? I think it would be to always bear processes in mind always bear employment law in mind. However, don't let it stop you having honest discussions with your employees and get to know your employees and care about them. You know, particularly in small businesses, it's really, really key that people do get on. And that will start from the top. So if you lead by example, with having open and honest communications, then hopefully that will feed down into the rest of your workforce and will become your culture.
Watch the interview This is an extract of a video interview – to watch the full session, visit: https:// www.youtube.com/ watch?v=Y7nBgEweec0
I was lucky enough to become secretarial assistant at the National Trust. I was known as a “floater” Issue 15 – Operations and Resources | 33
The Business Bulletin
Is your marketing GDPR compliant? Newsletter mailings and e-mail marketing are a fixed part of the online marketing universe. Processing is only allowed under GDPR if either the data subject has consented, or there is another legal basis. This could be, for example, preserving the legitimate interest of the controller (your business) to send e-mail marketing. Recital 47 of the GDPR expressly states that the law also applies to the processing of personal data for direct marketing as a legitimate interest.
34 | Issue 15 – Operations and Resources
The Business Bulletin
In addition, such an interest could be
There is another set of regulations
seen, for example, if there is a relevant
that you need to comply with, these
and proportionate relationship
are called the Privacy and Electronic
between the data subject and the
Communication Regulations 2003 or
controller. This could be the case if
PECR for short. This works alongside
the data subject is a customer of the
the GDPR and is concerned with
controller or is in the latter’s service.
direct marketing in the form of
Therefore e-mail marketing is allowed without consent, at least for existing customers. If the company has a justified interest in ‘cold’ calling through e-mail marketing, the marketing e-mails may be sent to potential customers without consent. To receive no further information by newsletter or e-mail, the customer receiving them need only object to processing (unsubscribe) for marketing purposes. According to
calls, emails, faxes (who uses those anymore?) and cookies. Under PECR you have more freedom to contact businesses as opposed to consumers. You would need to use consent for consumers but can use legitimate interest for businesses. Under GDPR, legitimate interest can be used for some types of direct marketing, the ICO have compiled the list below to help you understand when it is appropriate and when it is not:
Art. 21(2), (3) GDPR the data subject
As long as you have screened
always has the right to object to the
telephone numbers against TPS/
processing of personal data for direct
CTPS* and you keep your own records
marketing purposes.
of people that have said ‘do not call’,
If the data subject objects, the controller only has to stop the processing for marketing purposes, but can still process the data for other purposes, e.g. for the performance of a contract.
then you can make calls to people under legitimate interest. *Do you currently do this? If not you can use list cleaners in the UK which can be found at https://corporate.tpsonline. org.uk/index.php/tps/cleaners
Email lists Emails will require consent unless you have what is called ‘soft opt in’ which you get from pre-existing customers who have bought products or services directly from you. You will therefore need to process the email addresses under consent. A good marketing list will be up-todate, accurate, and reliably record specific consent for marketing. The ICO have also published some guidelines to help you maintain a good marketing list: ■ You must be able to demonstrate that you have obtained valid consent, which means that you must keep records of who consented, when, how, and what you told people. ■ Whether an organisation is collecting personal data for its own use, or to sell marketing leads on to others, it must always act fairly and lawfully. ■ If collecting contact details directly from individuals, an organisation should provide a privacy notice explaining
Is legitimate Marketing method
interests likely to be appropriate?
✓
‘Live’ phone calls to TPS/CPTS registered numbers
✗
‘Live’ phone calls to those who have objected to your calls
✗
or objection Automated phone calls Emails/text messages to individuals – obtained using ‘soft opt-in’
those details for marketing purposes. ■ If they intend to sell or disclose the details to other
Post
‘Live’ phone calls where there is no TPS/CTPS registration
clearly that it intends to use
✓ ✗
organisations, the privacy notice should make this very clear, and get the person’s specific consent for this. ■ Organisations cannot send mass texts, emails or automated calls in order to generate leads, as they won’t have the necessary consent.
✓
And organisations cannot generate new leads by cold-
Emails/text messages to individuals – without ‘soft opt-in’
✗
Emails/text messages to business contacts
✓
calling numbers registered with the TPS.
Issue 15 – Operations and Resources | 35
The Business Bulletin
■ You must name any third
intention of selling them on,
party controllers who will
it must have made it clear
be relying on the consent –
that their details would be
precisely defined categories
passed on to third parties
of third parties will not be
for marketing purposes and
acceptable under the GPDR.
obtained their consent for this.
■ You must be able to
■ It is good practice to specifically
demonstrate that the
name (or at least give a clear
individual has consented to
description of) the third parties
you processing their data for
to whom details may be sold).
that particular purpose. This
A buyer will only be able to
means that you must keep
send marketing texts or emails,
evidence of consent – who,
or make automated calls, to
when, how, and what you told
people on the list if they gave
people.
specific consent.
Gayle Parker Datasense Consulting Gayle’s passion is helping organisations protect themselves, their customers and their data from the ever-evolving threats of the digital world – whether that’s through consultancy or practical, hands-on training. When it comes to protecting your data, you’re in safe hands. Gayle has helped lots of
■ Organisations must act
organisations successfully prepare and
fairly and lawfully when
implement programmes for GDPR.
selling a marketing list. If an
07767 331866
organisation obtained details
gayle.parker@datasense.ltd
from individuals with the
datasense.ltd
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The Business Bulletin
Ask the experts Do you have a burning question that you would like the answer to? Or maybe you’re looking for some advice to help your business? In each edition some questions will be shared and answered by some of The Business Bulletin experts.
Q. Are profiling tools (like DISC) really worth it? A. I’ve found personality profiling tools useful when dealing with colleagues & clients. Many years ago we used ‘Insights’ for the senior management team, and that was very useful in understanding yourself, as well as the people you work with. By gauging someone’s main personality traits means you can communicate with them the way they want to be treated (the ‘platinum rule’) and also understand their drivers. Once you understand a personality type, you can better empathise with them as a fellow human being, rather thanas sometimes happen- you dislike them if they are the opposite of the type you represent.
professional to interpret the results
at least it sifts out the candidates that
James Tarry Scottsdale Moneywise
they can be extremely useful but not
just want to send a CV. It is useful to
on their own. One should still use
see the profiles and compare to other
the age old, tried and tested process
team members.
A. Making a mistake in hiring the wrong person can be very expensive and can also be destructive to a culture you are trying to build across the company. Conversely, hiring the right candidate can be a terrific boost to your company. The key to any psychometric test is the interpretation
of a good old chat with a potential employee just to get the ‘gut feel’ as well as a more in depth understanding
Paul Simpson TaxAssist Market Harborough
of the skills they bring to the table and the first impressions. In summary – yes they are useful…….to a point. Simon Evans WPA Healthcare
Q. Cyber criminals are only interested in big businesses right? A. This couldn’t be further from the truth. While big businesses are certainly key targets as the payoff is
of the results. In the wrong hands it’s like trying to judge the quality of a
A. We do use DISC in our recruitment.
going to be much higher. They are
bottle of wine in a supermarket by its
It does make the candidate go
also the ones investing millions into
label. In the right hands with a trained
through a detailed questionnaire so
cyber security and training.
Issue 15 – Operations and Resources | 37
The Business Bulletin
Q. Why should I have a lasting
Contributing experts
power of attorney for my business? A. You should have one for yourself as well as the business. Having had to deal in the past with baffled and angry family members when the office of the public guardian has stepped in due to lack of capacity, it’s much better to have in place how and
James Tarry
Simon Evans
Scottsdale Moneywise
WPA Healthcare
who runs your affairs if this were to happen. Without anyone appointed to run a business if the owner is incapacitated, the business will likely fail with the attendant financial and further emotional consequences of this failure. They are relatively easy to set up, although it’s a lot easier to get a regulated legal professional to do the work and thereby take all the
Paul Simpson
Chris Lambert
TaxAssist
Datasense Consulting
hassle out of the process. James Tarry Scottsdale Moneywise A. This is essential especially if you are
free sessions touch on lots of
a sole trader. Who else will run your
businesses only invest in cyber
areas and can be the difference
business if you are ill or incapacitated
security after they have had an issue.
between a staff member
in some way?
Very few factor in that they are far
making a mistake or note.
Paul Simpson TaxAssist Market Harborough
From experience most small
more likely to be the victims of attack for this very reason. There are plenty of small things that SMB’s can do to help reduce their risk of being attacked that aren’t going to cost an arm and a leg. 1. Change the default passwords on routers and WiFi. 2. Pay for Internet Security software, free software is rarely licensed for commercial use and only offers the most basic protection. 3. Invest in VPN software if you work away from from the office. 4. If you have staff make sure they are trained. There are plenty of free training around and I would highly recommend looking at Cyber Griffin run by the City of London Police Cyber unit. These
38 | Issue 15 – Operations and Resources
5. Make sure you are trained. If you’ve exhausted the free training or need something extra then look at local companies that offer training sessions. 6. If you’re not sure on something then seek advice
Got a question?
from a professional. Within Northamptonshire we have a monthly event put on by Northants Police that is dedicated to talking about cyber security. Many businesses don’t survive a major cyber security issue and following the simple things above could mean the difference in your business either surviving or falling by the wayside. Chris Lambert Datasense
If you have a question – then email us and these experts will set about answering it for you. It can be on any business topic you like, be it finance, sales, marketing, operations, resources, strategy or personal development. If you would like a more immediate response, then raise your question on the “Ask The Experts” forum.
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The Business Bulletin
SME Survey Do you know how happy your customers are? 80% of companies say they deliver
The subsequent question: “How do
“superior” customer service. When
you know?”, was asked to establish
the same question is asked from
if there was any direct correlation
customers, only 8% of people think
with what business owners thought
these same companies are really
and what the reality was. Particularly
delivering! (Source: Bain & Company).
based on the above statistic.
This is quite a shocking statistic and shows the disconnect between how companies think they are doing compared with the actual feedback from their customers. So, this survey dipped its toe in
the customer service levels expected by purchasers of their product/service. Referring once again to the opening statistic, if you only perceive that you are providing excellent customer service and are not actively
Figure 2 indicates the different
seeking feedback to confirm that;
methods used to obtain customer
then maybe the first indication you
feedback to justify the thoughts of
will get is your customers going
91.7% of respondents. (Please note
elsewhere. After all, you are only as
– those that answered the survey
good as your last sale. Avoid that
could choose any of the options
by utilising some of the methods
that particular pool to see what
and suggest their own methods).
the contributors to the survey are
some business owners said (60
Encouragingly, it seems that the
undertaking.
respondents). As can be seen in figure
majority of businesses that took part
1, when asked “Do you know how
in this survey are actively getting
happy your customers are?” – 91.7%
feedback from their customers so
indicated that they did.
that they can keep on track to provide
Get involved To take part in the next survey about vision, mission and values – visit here: https://forms. gle/oFcR2eZx7LCk8qiv6. The results will be shared in the next edition of this magazine. Figure 1
Figure2
Issue 15 – Operations and Resources | 41
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