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Recent statistics released by the Department for Work and Pensions show that the employment rate for disabled people was 52.7% vs 81% for non-disabled people, there has been a lack of progress made on gender pay gaps, and there is potential introduction of mandatory ethnicity pay reporting.

So it’s completely understandable that businesses will want to focus on their diversity and inclusion practices this year.

Diversity starts at the recruitment stage – yet a recent poll by the Chartered Management Institute found that just under half of managers said their organisations were actively taking steps during the recruitment process to increase the proportion of employees from diverse ethnic groups. Is this enough?

It is useful to remember that diversity and inclusion practises are not simply a tick box exercise, and that encouraging diversity in the workplace has such a positive impact on any business, including greater success, improved performance, ability to share new ideas and motivated employees!

Businesses should not underestimate the advantages that prioritising inclusivity and equality bring.

For support with improving your diversity and inclusion practices, please contact Sue Meehan Boyes on 07384 468797.

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The effects of COVID-19 on your workforce may have been far reaching with the consequences not yet fully known. Such effects have no doubt been compounded by Brexit – so much so, that in many cases it may be difficult to conclude whether it’s COVID or Brexit that is responsible.

One thing we can be sure of, is that there is a lot of uncertainty in the workplace right now.

While the Government’s furlough scheme helped to prevent redundancies across various industries, the ending of the scheme in September 2021 left some businesses still having to make difficult decisions. Lack of certainty can very quickly lead to unmotivated employees and for this reason, it is important to foster a positive working environment where staff don’t feel ignored or unseen.

One of the ways you can create this environment, is to ensure your workers feel involved in your decision making, and able to contribute to the success of your business. Recognition and appreciation of peoples’ achievements really does go a long way, as does extending trust to your employees so that they feel empowered.

The easiest way to do this is to talk to your employees one to one. Determine their short term goals, and come up with a plan together as to how they can achieve these.

Showing empathy and support is also key. Whether or not your employees are voicing their concerns, management should take an active role in showing understanding for the impact uncertainty may be having on individuals.

For further advice on how to support your employees at work, please contact Sarah Martin on 07799 136091.

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In order to ease pressure on GPs during the roll-out of the COVID-19 booster programme there has been a temporary adjustment to self-certification rules.

Normally an employee can self-certify their sickness for up to seven consecutive days, at which point they would need a note from their GP for any additional sickness absence.

However, from 10 December 2021 to 26 January 2022 (inclusive), employees will not be required to provide medical evidence of their incapacity to work for the first 28 days of any period of sickness absence in order to quality for Statutory Sick Pay (SSP).

It is important to note that where there are concerns about the length or frequency of an employee’s sickness absence, employers should seek occupational health and/or expert medical opinions as they normally would. The process of obtaining expert medical advice on an employee’s health does not have to be delayed merely due to the Regulations.

Likewise, if there are any concerns about whether an employee is genuinely unwell during a period of sickness absence, these can be investigated in the normal way whenever is appropriate.

For support with sickness absence concerns, please contact Helen Couchman on 07799 901669.

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Whilst the Government’s furlough scheme may have staved off redundancies for the short term, it is highly likely that we will begin to see another rise in redundancies across various industries as we head into the New Year.

Unlike an American CEO who recently decided to make 900 people redundant over a Zoom call, employers in England and Wales must follow a fair redundancy process for individuals who have worked there for at least two years by the time their job ends.

There will need to be at least one individual meeting with the employee before making a final redundancy decision and it’s key that you discuss the reasons behind that proposal and why the employee’s role is being considered for redundancy. You must also make the employee aware of any suitable alternative jobs that might be available, and actively engage with them to see whether a redundancy dismissal can be avoided.

If you have your own internal redundancy process, this should be followed. If you don’t have your own process in place, it might be best to get some support to guide you through the process. If the redundancy could be seen as ‘unfair’, you may be putting your business at risk of unfair dismissal claims.

For guidance and support with fair redundancy processes, please contact Simon Martin on 07384 813076.

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From 11 November 2021, care home staff working in a Care Quality Commission registered care home would be required to be vaccinated against COVID-19.

Catch up our previous article for more information on who this includes.

On 9 September 2021, the Department of Health and Social Care (DHSC) published a consultation on whether this compulsory vaccination requirement should extend to other health and care settings, and whether it should also include mandatory flu vaccinations.

What Was The Result?

The DHSC has now published its response to the consultation and confirmed that individuals carrying out CQC-regulated activities in the health and social care sector whose roles involve direct face-to-face contact with patients and service users must be fully vaccinated against COVID-19. This will include front-line workers such as receptionists, ward clerks, porters and cleaners, and will apply whether the regulated activity is delivered through agency workers, volunteers, trainees or contracted parties.

For individuals who are exempt, they must show evidence of their medical exemption before they can deliver care. Employers should be reminded that only those with a medical exemption will be able to perform regulated activities without being fully vaccinated. Until 24 December 2021, such individuals may use the self-certification procedure, but after this date, they must apply for proof of their exemption.

The mandatory vaccination requirement will be implemented via amendment to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (SI 2014/2936) and will come into force on 1 April 2022. There will be a 12-week grace period to allow time for the employers and workers to meet the new requirements.

The DHSC has decided not to include flu vaccination as part of the mandatory requirements.

If you have any questions, or are concerned about the implications of the new legislation, please contact Caitlin Anniss on 07909 683938.

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A recent survey found that 65% of employees expect to work from home at least two days a week, while 31% believe that a return to five-day office working will not happen until 2022, if at all.

What Can Employers Do?

  • Consider how to better plan your ‘future workplace’.
  • Review the ways you can help and support remote workers.
  • Engage with your workforce to find out their views on working arrangements and plans for the future.

Hybrid working is a feature for our workplaces certainly for the foreseeable future. To discuss your plans and get advice, contact Sarah Martin in our team on 07799 136091 to find out how we can help you.

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With World Menopause Day last month, and the continued press coverage, Menopause at work remains a significant focus for employers.

Are Your Employees Supported Enough?

A recent poll found that of those individuals experiencing symptoms of the menopause:

  • 23% have left jobs due to symptoms
  • 1 in 5 said they were not given a pay rise or promotion
  • 13% said they had to go through a disciplinary procedure

All this was despite the fact that nearly all businesses polled (95%) recognised that symptoms negatively impacted on work.

What Can Employers Do?

  • Start the conversation – hold open forums, consultations, surveys.
  • Introduce a menopause support policy.
  • Train your line managers on how to support impacted employees.

We can support you on developing training and guidance materials, please contact Helen Couchman in our team on 07799 901669 to find out more.

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As you know the Government has recently commissioned a consultation into Flexible Working.

This considers whether to broaden the current rules including:

  • allowing requests as a ‘day-one right’
  • placing the onus on employers to suggest alternatives
  • reforming the list of ‘fair’ reasons for rejecting a request 

In a recent poll, 77% of employers have had problems finding and keeping employees and nearly 58% of HR leaders think that increasing the availability of flexible working roles will help to resolve this deficit.

Are You Ready?

Whatever the consultation brings, now is the time to check you’re set up to meet any change.

  • Is your Flexible Working policy able to adapt to any proposed changes?
  • Could you consider rethinking your recruitment strategy to open up flexible working options?

Whatever your needs, we can help! Please get in touch with Sue Meehan-Boyes in our team on 07384 468797 to discuss further.

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As we transition out of lockdown and work out how to develop new ways of working in the future, the effect on employee mental health cannot be ignored, and remains prevalent across all sectors.

No one has escaped the challenges of lockdown, and each business and individual has had a different experience, bringing challenges associated with managing work and personal lives, together with physical and mental health implications. However, in spite of this prevalence, mental health stigma remains. 

According to a survey by IP Inclusive in 2019, only 49% of employees feel comfortable talking to their employers about mental health, and according to a survey by James Wallace, a PHD researcher at Cardiff University, 95% of employees give an alternative explanation to their absence when they are off work for stress. 

In an effort to reduce this stigma and keep employees mentally healthy, it is important that employers are aware of the importance of mental health management at the workplace. This is especially true in today’s world, as the pandemic has meant that many have found it difficult to strike an appropriate balance between managing their personal lives and the world of work, and as such, many work related mental illnesses, such as stress related illnesses, have been exacerbated. 

As such, mental health management should remain a high priority in the agenda of employers, not only because it is important for the success of the business, but also because of their legal obligations to look after the mental health of their employees and have robust procedures in place to manage employee absences. 

What Is Workplace Stress, and How Big of a Problem Is It? 

Whilst many aspects of work can have a positive impact on health and wellbeing, there are other aspects which can negatively impact employees. 

As the Health and Safety Executive summarises: “the adverse reaction people have to excessive pressures or other types of demand placed on them at work. Stress is not an illness – it is a state. However, if stress becomes too excessive and prolonged, mental and physical illness may develop.”

Stress can be caused by a number of factors in the workplace, including: 

  • the level of control an employee has over their job
  • the level of support that each person receives, for example from colleagues and or senior staff members/ pastoral support
  • relationships with colleagues
  • the role of the employee, including the level of seniority
  • any changes that each employee has to deal with
  • what demands have been placed on the employee

Each of these factors can have an effect on employee stress levels. 

So how big of a problem is workplace stress? In short, a huge one. According to a survey from the Health and Safety Executive, one in four people in the UK will have a mental health problem at some point in their life, and according to Mind, one in six workers is dealing with a mental health problem at the moment. 

However, there are serious difficulties in objectively assessing what stress is and, more particularly, how it affects different people. What to one person may be viewed as an adrenalin rush can cause another to experience stress levels that cause harm to health, whether physical or mental. 

It is also important to note that there is a difference between pressure and stress: when a person has a volume of work that they feel is manageable, they experience pressure. Conversely, when the volume is too much and they stop coping, they become stressed. Pressure can be very positive and a motivating factor which helps employees to perform better, whereas stress can develop when an individual is unable to cope with the pressures and demands being placed on them.

Pandemic Related Stress

In addition to the ‘usual’ reasons for stress, the pandemic has had a huge impact on the stress levels of each employee and a number of additional factors have meant that employee mental health has become even more volatile that previously. Such factors include: 

  • working from home
  • juggling work with family, including home schooling
  • worry about job security, especially if you have been furloughed
  • worrying about the economy
  • worrying about your own health and that of family, including the mental health of family members who have been self isolating

Indeed, the added pressures that come from the factors listed above have meant that many have been experiencing ‘burnout.’ Whilst the concept of ‘burnout’ had previously been used in a work context, it has followed us to working from home during the coronavirus pandemic. 

Burnout can happen because of feelings of isolation, not feeling part of a team, with less of the ‘how was your weekend’ sort of discussions. It also is caused by employees not switching off. When working from home there can be a temptation for instance to continue checking emails.

Burnout includes mental and physical exhaustion, and has now been recognised by the World Health Organisation as a medical condition, described as a ‘medical phenomenon resulting from chronic workplace stress that has not been successfully managed’. 

Symptoms of burnout can including feeling overwhelmed, drained and unable to meet constant demands. It can also be physically damaging, causing depressed mood, musculoskeletal pain and can be a pre-cursor to cardiovascular diseases. It is considered to be separate from stress and exhaustion because of the emotional turmoil that it can cause, as well as ‘inner agitation’ and frustration. 

How Does Stress Affect Employees? 

Stress affects different people in different ways and it can be difficult to predict how people will balance the demands and pressures placed on them with their ability to cope.

Symptoms can include insomnia, headaches and digestive problems, impaired concentration, fatigue, irritability, aggressive behaviour, poor decision making, increased errors, tearfulness, loss of appetite and obsessional thoughts/behaviour. This can contribute to both depression and anxiety disorders and even increase the risk of stroke, heart attack, diabetes and cancer.

In addition to this, stress can lead to a change in mood, eg distrust, anxiety and fear, which can in turn damage relationships at work and home.

Long-term stress can lower the efficiency of immune systems and lead to an increased risk of viral infections, and research has shown that chronic stress at work can even lead to metabolic syndrome, which is a combination of diabetes, high blood pressure and obesity. 

What Are Your Obligations as Employers? 

When it was introduced, the main aim of health and safety legislation was a focus on minimising the risks to physical safety of employee. However, increasingly the focus is as much more on employees’ psychological health and welfare. 

Indeed, the Health and Safety at Work etc. Act 1974 provides a general duty to ensure, as far as reasonably practicable, the health, safety and welfare of employees and the Management of Health & Safety at Work Regulations 1999 oblige employers to assess nature and scale of risks in workplace.

The Health and Safety Executive expects employers to carry out risk assessments in relation to stress in the same way as it carries out risk assessments in relation to physical risks. Employers risk enforcement action, including improvement notices and prohibition notices if they fail to comply with their health and safety duties and there is also the risk of prosecution in the criminal courts. 

What Can Employers Do To Fulfil Their Obligations? 

In order to be able to manage the wellbeing of your employees it is vital to understand and be able to recognise the signs of their stress, if they are feeling overwhelmed and their inability to cope. Recognising an issue is particularly challenging when employees are working from home or in an environment, such as a school, where staff are restricted to bubbles and there is little or no time to ‘check in’ regularly in an informal way. 

To make sure that mental health issues are picked up on, employers can:

  • carry out regular one-to-one meetings – these are vital to ensure that employers pick up any signs early and are offering the opportunity for employees to be transparent and open about how they are managing their work and personal responsibilities
  • provide training on recognising mental health issues
  • have a comprehensive and up-to-date wellbeing policy for the workplace – this should be more comprehensive than pre-pandemic if possible, and can even include the creation of a specific ‘wellbeing’ page on the intranet, as tackling issues early on will be beneficial in avoiding longer-term health problems
  • point staff in the direction of free online tools, such as podcasts, online mindfulness and healthy living blogs and exercise classes – our website has links to a number of helpful resources
  • consider offering benefits to staff members, such as gym membership discounts, counselling, employee assistance programmes
  • remain open-minded to flexible working requests, even post-pandemic, as it might be useful to review your policy and ensure you are clear how you would approach multiple requests and what you might be able to accommodate 

Active management through robust measures like those suggested above will both reduce your absence levels and also create a culture that supports this ongoing focus on wellbeing going forward. 

How Can You Encourage Employees to Improve Wellbeing?

You can assist employees to help themselves in relation to wellbeing by encouraging: 

  • regular exercise – perhaps don’t schedule meetings over lunchtime where possible to encourage employees to take a break away from their desks
  • a move away from ‘presenteeism’ – effectiveness should be the focus and presenteeism should not be encouraged or expected – if there are any performance issues then they can be managed in line with your policy
  • breaks, for example by scheduling 55 minute meetings

Stress Risk Assessment

Employers have a legal duty to protect employees from stress at work by doing a risk assessment and acting on it. 

For those organisations with fewer than five employees, a written risk assessment is not necessary (although we would still recommend that you do so). However, if an organisation has five or more employees, they are required by law to provide written risk assessments. 

The Health & Safety Executive provides risk assessment templates and their website also has some tips and tools to tackle work-related stress, which employers can download for free. 

Managing Absence

Absence management is a complicated area of HR and is a subject in its own right. We provide a very brief summary of how to deal with absences and you should take advice about how to deal with such absences. It is important to be mindful of the importance in managing absence due to mental health correctly, as the following statistics show: 

  • where absence is between 4-12 weeks, there is a 10-40% chance of an employee being off work for a year
  • where absence is 6-12 months, there is a 90% chance of employee never returning to work
  • nearly a million employees a year reach the 4 week sickness absence point

There are serious implications of not managing absences. Considering the statistics above, being proactive and doing what you can to help that employee back to work early will potentially help to avoid a longer absence.

Short Term Absences

To avoid longer term absences, it is important to manage short term absences as effectively and efficiently as possible. If employees start to take short term absences, it is important to use the following tips to manage the absence:

  • Discuss the absence with the employee.
  • Consider any possible underlying cause for the absence– for example, is there an underlying medical cause, or does the employee have either work or personal problems?
  • Are there any reasonable adjustments that the employee might require?
  • Identify improvements required and set a timescale.
  • What are the consequences of the absence, for example if improvements do not materialise, and formal action is taken, it may be that the situation culminates with dismissal.

Long Term Absences

When employee absences are long term, this can be more difficult to manage, and it is important to meet to discuss the situation with the employee and to make sure that your policies are up-to-date. 

It is likely, not only that you will need medical evidence (which will incorporate employer duties under the Access to Medical Reports Act) but may also require the drafting of a comprehensive referral letter to an occupational health professional. 

It is important to remember that the employee should be involved as much as possible, and if it looks like there is no option to return to work, a fair procedure should be followed. Legal advice should be taken in difficult situations. 

Conclusions

Based on the information provided above, we would always recommend that you identify your current risks around mental health in your business, to enable you to plan and implement tools to tackle them appropriately. 

If you have suitable resources to signpost employees to support when they need it and robust procedures to manage any absence issues when they arise then you will be in a strong position. 

If you can create an environment that empowers employees to manage their own mental health, whilst knowing they have the support of their organisation should they need it, then you will create an open and honest culture. This will in turn promote communication and reduce absence levels in the short and longer term. 

If you need advice on any of the issues that have been raised above please do contact us and we would be glad to assist.

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We recently did a very well attended and received HR Club webinar. A number of the attendees asked for some tips and resources for employers who would like to support their employees’ health and wellbeing.

Watch our recent HR Club Webinar on Managing Employee Mental Health.

In terms of the approach, perhaps you could implement an intranet page which focuses on wellbeing resources, or send out a wellbeing communication to your staff with resources they may wish to use to assist them to manage their own mental health.

You may also consider reviewing your employee recognition approach. This could include a peer/peer or manager/peer ‘thank you’ platform where people can get some recognition from their teams.

You should reflect on your culture and your benefit offering too and remind employees what is available to them. Your approach to wellbeing should reflect your culture and work environment. Consider what is realistic and would work best for your teams.

Useful Resources

We have compiled some available resources that may be useful.

These resources can help with your employees’ physical, emotional, and financial wellbeing and you could include details of how you can communicate and show appreciation for your employees. We mentioned a number of the following in our webinar.

Communication

  • Introduce 25 or 55 minute meeting culture to allow for comfort breaks
  • Introduce the concept of walking meetings where it is acceptable for some internal meetings to take place outside whilst going for a walk, or take a break from the desk by walking whilst talking.
  • Keep the team connected through 1-2-1’s, team meetings, socials.
  • Introduce ‘end of week’ events – Friday socials, going for drink, catch ups with the team.
  • Birthdays – introduce a virtual team coffee and cake session for team member’s birthdays.
  • Introduce formal switch off sessions. Some companies are introducing weeks where there are less meetings and less emails sent to allow focus time.

Recognition

  • Introduce ‘thank you Friday’s’ (this could be part of the end of week social).
  • Celebrate Kindness day/week – UK Kindness day is in November.

Physical Wellbeing

  • Set up a group Strava page to share fitness achievements for those that are goal oriented and like a challenge.
  • Walking meetings (as above).
  • Bike2Work Scheme.
  • DSE Guidelines Working from Home Assessment.
  • Gymshark Training App – The Gymshark Training App brings a new world of training to life, uniting the Gymshark community in one central place. Explore the workout library, train, create your own workouts, your own plans and track your progress. 
  • No more excuses -This is where you take your training to the next level. It doesn’t matter if you’re a lifter, or a HIITer, a beginner, an intermediate or a novice… what you need will be found in this app. They will help to reform your training, track your progress and unlock your potential.
  • 305 Fitness – If you’re a fan of dance workouts then the dance cardio studio is offering free classes on their YouTube page. There are plenty of options for everyone to get involved with, including HIIT cardio and Cardio Party.
  • Blogilates – Blogilates also has a huge YouTube following, offering free pilates and bootcamp sculpting workouts. You can access free monthly calendars workout plans to try on the Blogilates website.

Other Fitness Class Recommendations

We recommend the one and only Body Coach, Joe Wicks, who helped bring the nation together with PE classes for families during the first national lockdown. There are classes available on the Body Coach YouTube.

For those that love Yoga, try Adrienne’s free classes on her YouTube channel Yoga with Adrienne.

Emotional Wellbeing

  • Ensure a healthy work/life balance – offer a flexible working policy.
  • Building Emotional Resilience Workshop – If you would be interested in supporting your employees to manage their own mental health more effectively, Narrow Quay HR can offer in person or online workshops.

There are lots of resources to help with your wellbeing on the BBC, including their mental health toolkit.

Mental Health First Aid England

Mental Health First Aid (MHFA) England is a fantastic organisation which normally travels up and down the country educating individuals and businesses on different types of mental health illnesses, spotting the early signs and how to provide the right support to individuals who suffer from mental health illnesses.

MHFA England have put together some guidance, along with a lot of helpful resources for ways to support mental health whilst working from home. 

Podcast Recommendations

  • Happier with Gretchen Rubin
  • Feel Better, Live More
  • Under the Skin – Russell Brand
  • A bit of Optimism – Simon Sinek
  • Juliette Burton’s Positive Mental Attitude podcast

The XpertHR Podcast (UK)

For further guidance on how you can support your employees health and wellbeing, please contact Helen Couchman on 07799 901669.