Let the lawmakers make law

I hesitated before writing this post, there are some topics that I’ve seen over the years tend to draw the wrong kind of audience, the ones that want winners and losers, the ones that want to blame and point fingers, the ones that – no matter how many caveats or waivers you include – want to read hidden meaning into the words that you write. But on the flip side, there are more people in the world that want to reflect, consider and discuss than there are those that want to provoke.

So perhaps unsurprisingly, for a UK audience, my thoughts are on the Supreme Court ruling in the last week on the legal definition of a “woman”. But, (and here come the waivers) I don’t want to talk about the decision, the opposing arguments, the rights or the wrongs. I want to talk about the role of leadership and organisations and how they organise themselves for their employees and customers in a broader ecosystem.

One of our primary responsibilities is to act within the law. Over the thirty years I’ve been running businesses I’ve seen a whole host of legal decisions, some that I’ve agreed with, some that I haven’t. But that doesn’t really matter, because my role is not to make law, but to run my business. The simple fact is that the ruling last week has brought clarity on an area that was previously driven by opinion and belief (often in conflict with others) and so any leader should welcome that clarity, even if they may not personally agree with it.

Organisations get into trouble when they are led not by the law but the beliefs of a few senior people and I’ve written before about the dangers of business moving into social policy. My guess is that some organisations who’ve been doing that will be left scratching their heads at the ruling and trying to figure out how they reconcile the approach that they’ve previously taken, based on some half complete advice, with the direction they’ve just been given, based on the law.

Of course there will be those that don’t agree with the judgment, like there will be those that don’t agree with the outcomes of elections, referendums or the actions of government or the authorities. But ultimately, the reason we have these mechanisms in our society is to make these decisions for us and to give us the clarity to operate within the parameters we are set. In the same way there is no point in calling the electorate stupid for voting for a different outcome than the one you want, there is no point in suggesting the Supreme Court judges made a poor decision unless you have the knowledge, understanding, means and wherewithal to challenge the technical legal points. We should remember, that the judges were faced with a specific question, not given an open opportunity to opine.

The politicisation of business over the last decade or so hasn’t, in my opinion, been a positive step forward. There are very few founder led businesses who can essentially do their bidding, the rest of us should focus on our stakeholders, customers, shareholders and employees and knuckle down to deliver. If we’d been doing that, rather than making statements, the ruling of the Supreme Court would have been significantly less sensational, regardless of the decision they landed on. And we would have spent more time, focusing on those things that we truly had under our control – which is what we all need to do right now.

Don’t bring your whole self to work

I’ve always taken issue with the idea of “bringing your whole self to work”. It’s a pretty meaningless statement that is normally espoused by the kind of sugar addicted character who will also bounce into a room and start a sentence with, “I know this is probably TMO, but..”

The first reason I dislike it is the base logic, or more the lack of it. There are many things that people do in their lives that would be highly inappropriate to share with most other people, never mind in the workplace. The second reason I dislike it is that it takes the kind of “radical candour” approach that many feel uncomfortable and suggests that if you don’t comply, then somehow you’re repressed or restricted rather than making a perfectly reasonable choice to keep things to yourself. If I don’t want to bring my whole self to work, then that should be entirely my choice and totally acceptable to others.

But over the last few weeks, I’ve been reflecting on some of the debates that we’ve seen about organisational behaviour and the stances taken on social issues and I’m starting to see a much more problematic issue with this approach. Some organisations are increasingly moving away from employment policies and are straying into social policy, and I’m not sure that’s a good thing.

Our job should be to create safe and inclusive workplaces, where people can come and perform their work without fear or intimidation and go home at the end of the day to their private lives. We should be creating environments that aim to reduce and remove discrimination, we should make sure that our workplaces are legally compliant and we should foster respect and understanding. But I wonder if making bold stances on our positions on social issues serves us, our employees and society well.

As we increasingly see “culture wars” break out on a whole range of topics, is the workplace somewhere that should provide a safe space away from them? A place where active positions intentionally aren’t taken, but that acceptance of all is a requirement. The alternative seems to me to be that we either risk alienating employees through stances that they don’t agree with but feel unable to challenge, or we engineer our organisations so that they only accept people with certain social views and beliefs.

Ultimately this means working alongside people who might have completely different views and beliefs to us, that will hold opinions that we do not agree with and will challenge us and who will maybe do things in their lives that we find difficult to accept. But we recognise that at work we don’t bring these aspects with us, that they our part of our private lives and we respect the right of everyone to have a private life, which is entirely separate to how we behave at work. In a funny way, that could actually be more inclusive.

Just have a little pension, I’m still hurting from a love I lost

It doesn’t matter how much organisations talk about retention, EVP, their responses to the supposed “Great Resignation” and their enduring cultures. Nothing shines a light on our view of the labour force as entirely transitory as the approach that many organisations take to pensions.

I’m old enough to remember Final Salary pension schemes being in place and was lucky enough to have participated in a couple in the early years of my employment. And even in the simple language of the scheme there is a tell tale to how we have changed our perception of employees and their careers. The expectation in so many organisations is that we no longer expect you to stay here until you retire and so we aren’t going to incentivise you to do so.

Whilst I understand that there are complex financial considerations about the specific provision of defined benefit schemes, that shouldn’t hide the fact that too many organisations’ approach to pension provision is nothing short of woeful and one of the reason why the Government were forced to act through statutory minimum contributions. There has been a silent race to the bottom which has taken place out of the eyes and ears of the mainstream debate.

Compare and contrast with the last twelve months coverage of hybrid working (yes I am on this bandwagon again), and debates about the number of days that organisations will ask their people to be in. Is there the same debate about the level of contributions that organisations are making into their employee schemes? Of course not, and the double irony is that the supposed liberation that has come as many organisations sell off their property portfolio will harm both pension fund investments and, I can almost guarantee, won’t go back to employees in any shape or form.

So who cares? What does it matter? The Government will take care of it, right? Well there are two possible answers to that, if the answer is no then we are going to have employees working until they die and if the answer is yes, we’re placing a huge burden on the next generation and the one after that. It hardly sounds like inter-generational fairness. If we believe that we, as organisations, have a role to play in society then we could do far worse than making sure that our employees can survive after they’ve left us.

PS. Take That, if you were asking. I bet they never thought they’d be misquoted in that context!