Tag Archive for: Employment Law

Positive Discrimination – what employers need to know

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The recent case of Turner-Robson and others v Chief Constable of Thames Valley Police highlighted the dangers of unlawful positive discrimination in the workplace.

Diversity and inclusion are critical for thriving workplaces, benefiting employees and employers alike. A diverse workforce fosters innovation, broadens perspectives, and enhances decision-making. However, achieving this diversity remains a challenge in many sectors. The Equality Act 2010, includes provisions for ‘positive action’ to help address these imbalances.

Positive Action versus Positive Discrimination

Positive action is distinct from positive discrimination, which remains unlawful in England and Wales. While positive action aims to level the playing field by addressing barriers faced by underrepresented groups, positive discrimination would for example involve favouring a less qualified candidate solely because they belong to a protected group. Positive action ensures fairness by giving all candidates an equal opportunity to succeed.

What does the law allow?

The Equality Act 2010 allows for proportionate positive action for groups of people who share a ‘protected characteristic’ to reduce disadvantage, meet different needs and increase participation.

Within the Act, there are two forms of positive action:

  1. General Positive Action (Section 158): This provision allows employers to implement measures to address disadvantages or low participation rates among certain groups. This can include offering training programmes or development initiatives, and running direct communication campaigns aimed at attracting or supporting these groups.
  2. Tie-break Positive Action (Section 159): When two candidates are equally qualified, this provision allows an employer to favour a candidate from a disadvantaged or underrepresented group if they believe that doing so will encourage diversity within their workforce. However, this must be proportionate and must not be automatic (i.e. there should not be a policy to do so). It can only be applied when the candidates are objectively assessed as being equally qualified for the role.

What do you need to consider before implementing Positive Action

Positive action should be proportionate, targeted action to alleviate a disadvantage. There are some key steps you should follow which will help you create a successful positive action programme:

  • Firstly, consider what evidence you have of the disadvantage, particular need, or low participation among some groups and then look at identifying the root cause of this
  • The next step is to identify what you are trying to achieve and the aims of any action
  • Once you understand your aims, consider what measures you can implement to achieve these
  • Regularly review progress against those measures to assess whether the programme is still proportionate
  • Finally, don’t forget to speak to your employees about the measures, employee input will not only help define any programme it will also help them to understand any new initiative

What pitfalls do you need to avoid when considering positive action

Remember that positive action must be proportionate, or it could result in a legal challenge.  To avoid this, employers should:

  • Have some evidence to back-up the assertion that they ‘reasonably think’ there is a disadvantage. The evidence does not need to be extensive but should be sufficient to support the decision to implement any programme. 
  • Use targets not quotas to meet recruitment needs. Quotas are mandatory and could lead to you making appointments or promotions based solely on a persons protected characteristic and not on merit. Instead, set targets which are more flexible and will allow you to continue to appoint the best candidate.

Examples of Positive Action

There are several things that you can do to increase the diversity in your workforce including recruitment, promotion and retention of existing staff:

  • Targeted advertising of vacancies to increase the participation from underrepresented groups in your workplace
  • Increasing the number of underrepresented groups in senior management by offering mentoring opportunities to employees from that group
  • Targeting work experience for underrepresented groups
  • Creating staff groups for employees who share protected characteristics
  • Appointing a candidate from an underrepresented group in a tie-break situation

What else can I do?

You can also take more general action to increase diversity in your workplace. Not all action you take will necessarily fall within positive action under the Act, if it does not have a negative impact on another group with a different protected characteristic. Examples of action you can take might include:

  • Targeting adverts in publications aimed at underrepresented groups whilst at the same time advertising the role more generally
  • Ensuring that your recruitment is inclusive and any job adverts that you create do not use outdated stereotypical language that may deter applicants from certain groups
  • Consider using ‘blind applications’ for recruitment avoiding the possibility of bias in the early stages of recruitment

Don’t forget that not all underrepresented groups share a protected characteristic, you may also wish to consider the socio-economic background of your workforce and whether there are measures that could also be taken to increase diversity in this area. You should still be mindful of the impact of any such programmes on people who share a protected characteristic.

For further information on this topic or to discuss how you can implement positive action in your workplace, please contact Lisa Reynolds in our team on 07771 316 123.

Enhancing employee wellbeing: Practical steps for employers

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Every July, Samaritans run an awareness campaign. This year’s event was held on 24 July, so it is an important month for thinking about mental health. The Samaritans Foundation, established in the UK in 1953,  currently respond to a call for help every ten seconds.

Mental health issues have a significant impact on both individuals and organisations. According to a 2024 Parliamentary briefing, one in six adults in the UK experiences a ‘common mental disorder’ like depression or anxiety each week. We know from discussions with our clients the importance they place on supporting staff wellbeing. There is an increasing understanding of the importance of mental and physical health and the impact that all life’s challenges can have on employees’ overall wellbeing.

Our clients tell us that ensuring their staff feel valued, supported, and healthy is not just the ‘right thing’ to do, but also crucial for organisational performance and growth. However, many find it challenging to identify and implement practical and effective measures to support mental health in the workplace.

Building a supportive culture

Creating a genuinely supportive work environment is the cornerstone for employee wellbeing. Employers can build a supportive culture by encouraging open communication, recognising and appreciating employees, and actively working to create an inclusive environment. Regular check-ins and surveys can help gauge employee satisfaction and identify areas for improvement.

Formal recognition schemes are a great way to celebrate staff efforts, not forgetting the power of more informal ‘shout outs’ in team meetings or group chats for a “job well done”. Fostering an inclusive environment where diversity is celebrated will lead to all employees feeling valued and respected.

Promote work-life balance

Work-life balance is crucial for maintaining employee wellbeing. This can be challenging for employers, but open and constructive conversations with employees can lead to positive results for all parties. Employers can promote work-life balance by offering flexible working hours and remote working options, while still ensuring business objectives can be delivered. These can help employees reduce stress and improve job satisfaction. Additionally, they boost productivity and improve retention. Employers should encourage employees to disconnect from work during their time off, with managers leading by example by setting clear boundaries around working time and annual leave.

Mental health support

Employers can support mental health by offering access to confidential counselling and services through Employee Assistance Programmes, a cost-effective option providing immediate access to support. Mental health training for designated staff helps to identify mental health issues and signpost support. If possible, allowing employees to take days off specifically for mental health can reduce problems, and improve employees’ confidence that the organisation genuinely supports their mental health.

Physical health initiatives

Employers can offer a range of initiatives to support physical health, including subsidised gym memberships and wellness challenges. A healthy work environment, with ergonomic furniture, healthy snacks, and promoting regular breaks will have the additional benefit of helping to reduce many common causes of sickness absence, and some employers enhance this by offering on-site flu vaccinations or regular health check-ups.

Professional development and financial wellbeing

These are not areas that might typically be the first things you might consider when looking at supporting wellbeing, but providing opportunities for growth and development can enhance job satisfaction and a sense of belonging. Possible initiatives include training and development programmes, structured career pathways, and mentoring schemes.

Support for financial wellbeing can include regular benchmarked compensation reviews. Offering workshops or resources on financial planning, budgeting, and retirement planning could also be beneficial., and if your organisation’s resources allow, providing comprehensive benefits packages that include health insurance, retirement plans, and other perks.

By implementing these practical steps, employers can significantly enhance the wellbeing of their employees. A happy and healthy workforce is not just beneficial for employees but is also essential for business performance and growth, with benefits across the whole employee lifecycle – better recruitment outcomes, higher productivity, reduced absence rates, and increased retention rates. And who doesn’t want to work in a happier environment?

For specialist support on this topic or to discuss any other HR matter, please contact Andrew Miles in our team on 07468 698 975.

New duty to prevent sexual harassment in the workplace

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In today’s rapidly evolving work environment, creating a safe and respectful working environment is more crucial than ever.

Pending any changes following the general election, the Worker Protection (Amendment of Equality Act 2010) Act will come into effect on 26 October 2024, strengthening protections against sexual harassment for workers. In anticipation of this, the EHRC has launched a consultation to update its technical guidance on the new duty, with the consultation period ending on 6 August 2024. We examine the upcoming enhancements and suggest how employers can prepare for compliance in the months ahead.

Understanding the new duty

This new law will impose a duty for employers to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if there is a successful sexual harassment claim and the employer has breached this duty. Employers are required to adopt a proactive approach, addressing potential issues before they arise rather than reacting to incidents after they occur. Compliance with this law is not just about avoiding legal repercussions; it’s about fostering a culture of respect and inclusion, which can enhance employee satisfaction and productivity.

However, not everyone believes the new duty has gone far enough. They point out that the requirement for employers to take ‘reasonable steps’ falls short of ‘all reasonable steps’ and the omission of an express duty to protect workers against harassment by third parties. The Chartered Institute for Personnel and Development (CIPD) has also voiced concerns regarding the efficacy of the new duty but acknowledges the importance of this legal change in building awareness and encouraging compliance.

Key steps

In preparation for the new duty, there are some key steps employers can take to ensure compliance.

  • Staff listening exercise: Conduct a feedback activity to capture common themes, experiences, and to help identify areas of focus.
  • Risk assessment: Where the organisation identifies areas of risk and plans how these will be mitigated – this will help inform the “reasonable steps” to be taken.
  • Build awareness: The first step is to increase awareness regarding what constitutes sexual harassment and educate their workforce. Few employees will appreciate that harassment can include unwanted conduct related to a protected characteristic, creating an intimidating, hostile, degrading, humiliating or offensive environment. Even fewer will be aware that sexual harassment specifically involves unwanted conduct of a sexual nature with that impact. Regular training sessions should be provided to all staff which should include how to raise a concern and how sexual harassment will be addressed.
  • Organisational and Cultural Change: Senior leaders must act as role models for inclusive values and behaviours. Their influence as ambassadors for the organisation both internally and externally is crucial in fostering a respectful culture of both physical and psychological safety.
  • Develop your Policy: While policies alone will never suffice to effect cultural change, it is useful to have a clear written framework defining what constitutes sexual harassment and making clear how sexual harassment will be addressed.
  • Upskill your managers: Specific training for managers on how to tackle sexual harassment should be provided, including how to support any team members who are impacted.
  • Identify and promote your reporting channels: Confidential and accessible routes to report concerns relating to sexual harassment should be widely advertised. The organisation should always ensure they are clear that sexual harassment is unacceptable, and any concerns will be treated seriously and with sensitivity.
  • Timely Investigation: Employers should investigate sexual harassment claims thoroughly and in a timely manner. We recommend investigations should be completed by someone appropriately trained, without direct connection to those involved. Depending on the circumstances, appointing an external independent investigator can be beneficial to ensure impartiality.  
  • Support: Providing support to those impacted is critical. This support can include counselling support, adjustments to work arrangements, or temporary leave if necessary.
  • Review your progress: Monitoring gender diversity, complaints, as well as seeking input on the wider experiences of your teams via engagement exercises can help to shine a light on the impact of any steps taken to prevent sexual harassment. You should regularly analyse these sources of information and take action on any learning.

The new duty to take reasonable steps to prevent sexual harassment in the workplace provides an opportunity for employers to reflect upon their organisational culture. Legislation alone will not create change; it will be up to individual employers to assess their starting point and take proactive steps to improve their current approach to the prevention of sexual harassment in the workplace.

If you would like any support relating to the new duty to prevent sexual harassment or in relation to an individual complaint, please contact Kathryn Chidzey-Jones in our team on 07881 092524.

What we have learned from the King’s Speech?

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The Government announced an Employment Rights Bill in the King’s Speech on 17 July, aiming to “ban exploitative practices and enhance employment rights”.

The Bill, reflecting Labour’s pre-election manifesto and their ‘New Deal for Working People’, will be introduced within the first 100 days of the new parliament. The government has described the Bill as “the biggest upgrade to workers’ rights in a generation”.

Headlines of the proposed Employment Rights Bill

  • Day-One Rights: Immediate rights to parental leave, sick pay, and protection from unfair dismissal (with provision for probationary periods).
  • Statutory Sick Pay (SSP): Removing the lower earnings limit and making SSP available to all workers from day one of their sickness absence.
  • Flexible Working: Making flexible working the default from day one for all workers, putting the onus on employers to accommodate flexible working “as far as is reasonable”.
  • Ban on “exploitative” Zero-Hour Contracts: Ensuring workers have contracts that match their regular hours with reasonable shift change notices, ending “one-sided flexibility.”
  • End Fire and Rehire: Reforming the law to provide effective remedies and replacing the previous statutory code with a strengthened version.
  • Increased Protection for New Mothers: Making it unlawful to dismiss a woman within six months of returning to work after having a baby, except in specific circumstances.
  • Fair Work Agency: Establishing a new body to monitor and enforce workplace rights.
  • Fair Pay Agreement: Introducing this in the adult social care sector, with potential expansion to other sectors.
  • School Support Staff Negotiating Body: To reinstate the SSSNB to agree national terms and conditions, career progression, and pay rates for school staff.
  • Trade Union Activity: Removing “unnecessary” restrictions, including repealing the Strikes (Minimum Service Levels) Act, to promote good faith negotiation.
  • Statutory Recognition: Simplifying the process to ensure workers can access unions at their workplaces.

Additional proposals

  • Changes to the living wage: While no detail is currently available, in the briefing notes to the King’s Speech, the government has reiterated its commitment to updating the living wage to accommodate for increases in the cost of living.  The government has indicated that this will include the removal of the current age bands.
  • Skills England Bill: This bill aims to simplify the skills system in England and Wales, transferring the work of the Institute for Apprenticeships and Technical Education to Skills England, and renaming the apprenticeship levy to the Growth and Skills Levy. The intention is to streamline and refocus the skills system, prioritising development in the workplace.
  • Equality (Race and Disability) Bill: This Bill intends to introduce mandatory ethnicity and disability pay gap reporting for employers with over 250 employees. This will echo the current gender pay reporting and equal pay legislation.

Conclusion

The Chartered Institute of Personnel and Development (CIPD) has welcomed the proposals from the new Government, emphasising the need for “thorough consultation with employers, and potentially compromise in places”.  We echo this sentiment, particularly the need to engage with employers to ensure any changes have a positive impact on workplace practices and employment opportunities. The proposals are currently light on detail and we are sure that, as we learn more over the coming months, we will be able to comment further on how employers might wish to navigate these potentially transformative changes.

For further information on this topic, please contact Kathryn Chidzey-Jones in our team on 07881 092524.

Stress awareness – how can managers support employees?

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April is stress awareness month and this year’s theme is ‘little by little’, which aims to highlight the impact of small positive actions on overall wellbeing. We consider the impact stress can have, how to be alert to it and what managers can do to support employees.

Stressful feelings typically happen when we feel we do not have the resources to manage the challenges we face. Feeling overwhelmed and unable to cope at work can have a significant impact on an employee’s performance, conduct and relationships with colleagues.

What causes stress?

 With regard to the workplace, employees can experience stress as a result of several factors such as:

  • Excessive demands from their role
  • Their workload feels unmanageable
  • They feel out of their depth with the task(s) they have been asked to perform
  • Disputes with a colleague or manager

It can also be the case that if your employee is suffering from stress because of one factor then they become more susceptible to being affected by other factors, and so the list of stressors expands quickly.

What are the impacts of chronic stress?

Stress in minor-to-moderate doses may be expected, as the body is equipped to handle these reactions and some people find a modest amount of stress to be quite helpful and motivating. However, the problem arises with ongoing stress – which can have serious consequences. Chronic stress impacts the entire body and can harm wellbeing in the long-term.

Ongoing stress is a risk factor for heart disease, dementia, stroke, accelerated aging, depression, anxiety, insulin resistance, prolonged digestive issues, and irritable bowel syndrome (IBS).

From a mental health perspective and in the context of work, stress can now amount to a disability within the Equality Act 2010. Chronic stress may negatively impact an employee’s:

  • Outlook on life
  • Interpersonal relationships
  • Performance in the workplace
  • Quality of self-care
  • Attendance levels and absences

Recent statistics issued by the Health and Safety Executive reveal that 1.8 million workers reported they were suffering from work-related ill health in 2022/23, with approximately half of the cases down to stress, depression or anxiety.

With this in mind, it is important employers and line managers are alert to those employees who might be suffering stress.

Spotting the signs in employees

These may not always be obvious or even caused by work, but the signs will be there. For example, is someone taking more time off, arriving for work later or being more twitchy or nervous? A change in behaviour can also be a sign of stress such as:

  • Mood swings
  • Being withdrawn
  • Loss of motivation, commitment and confidence
  • Increased emotional reactions – being more tearful, sensitive or aggressive

Sometimes employees may even start self-medicating with alcohol.

What should employers do?

The first step is to talk with your employee. Being sensitive and supportive is key – they may not wish to talk about the situation or may not have identified the stress for themselves. Make time for a meeting in the working day and discuss the matter in private. Once the employee begins to share what they are experiencing, you should be open minded about how they might be feeling. Ask open questions and really listen to what you are being told. Try to establish the cause of the stress with the employee and work together on identifying possible solutions.

Although this is highly dependent on the cause of the issue and the circumstances of the employee, possible solutions could include:

  • Making temporary changes to work duties
  • Allowing the employee to work flexibly for a period to enable them to deal with a domestic issue
  • Discuss making an occupational health referral
  • Signpost them to your Employee Assistance Programme if you operate one
  • Recommend external agencies for additional support, such as Mind or the Samaritans

Importantly, arrange to follow up with the employee to discuss how they are doing and what further support they might need.

There is no ‘one size fits all approach to helping an employee with stress. It is often not a simple or quick fix. If left unchecked, it can have numerous consequences, but with ongoing support, it may be possible for things to improve for the employee, which in turn may well assist to get their performance in their role back on track.

If you would like our support in managing a stress-related situation in your workplace or to develop relevant policies and guidance, please contact Simon Martin in our team on 07384 813 076.

Changes to flexible working coming in April 2024 – what employers need to know

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On 6 April 2024, the widely discussed changes to flexible working will come into force, when the Flexible Working (Amendment) Regulations 2023 take effect. Here’s what those changes are, what they mean for employers and what needs to be considered going forward.

What’s changing?

If you ask most people what the changes to flexible working are, they will say that the service requirement has been removed, as that has been the source of most discussion and debate. In fact, the legislation is actually making more changes than perhaps people realise. A summary of these changes includes:

  • ‘day one right’ – currently employees can only make a flexible working request once they have 26 weeks continuous employment. From 6 April 2024, this becomes a ‘day one’ right.
  • Two requests – currently employees can only make one flexible working request every twelve months. With these changes, employees will be able to make two statutory flexible working requests every twelve months.
  • Timescales reduced to two months – the current timescale for employers to deal with flexible working requests is three months. This reduces to two months under these changes.
  • Employers will not be able to refuse a request until they have consulted with the employee
  • Removal of the need for employees to explain the effect of the proposed change on the organisation, or how that could be dealt with when making a request

The changes do not affect an employer’s ability to reject requests on eligibility grounds or for one or more prescribed statutory reasons.

What does this mean for employers?

With the removal of a service requirement and greater application opportunities, it is possible that employers may see an increase in the number of flexible working requests, so it may present a ‘numbers’ challenge in the first instance. Employers should ensure any requests received, are acknowledged and tracking systems are in place to monitor progress.

Perhaps of more critical importance is the consideration of the reduced timescales and what that means for internal procedures. To ensure compliance, it will be essential that meetings are scheduled and responses returned, including any appeal, within the two-month period. You can extend the timescales but only with agreement from the employee. But critically, managers should look to maintain momentum in reviewing requests to avoid any unnecessary delays.

Importantly the responsibility is now on employers to give careful consideration to the request, its impact and how it might be accommodated. You can ask your employee to consider these and make any suggestions, but you cannot make it a compulsory part of the process.

What should employers do now?

  • Review your flexible working policies to ensure that they reflect the new requirements. Put in measures and systems that support being able to deal with requests within the timescale required. This might include putting in tracking systems to monitor the progress of requests, as well as guidance documentation so everyone involved understands their roles and obligations in the process
  • Train line managers on how to handle flexible working requests in light of the new requirements, particularly providing guidance on how they might make best use of the meeting with their employee, to explore the request and how it can be accommodated
  • Communicate the changes to staff. Letting staff know that these changes have come in and you have adapted your policies accordingly, can be a positive step for employee relations and increase employee engagement

Whilst some employers may consider the changes in legislation onerous, it is important to remember the benefits of flexible working for both employees and employers:

  • Allows employees to proactively manage other commitments, leading to less time taken off
  • Wider pool for recruitment
  • Positive for employer brand and attracting candidates
  • Retention of experienced and valued staff who might otherwise have to leave if they can no longer work their existing work pattern
  • Can promote a more diverse and inclusive workforce
  • Enhanced morale and motivation

The new legislation will not change the core principles behind flexible working. It remains a tool for employees and employers to discuss possible changes to ways of working and how that might be mutually beneficial. What the changes will do is make adaptations to eligibility, timescales and internal processes for dealing with requests. By taking a proactive approach and updating policies and internal procedures, as well as refreshing line manager training, organisations will ensure they are best placed to respond to any requests that are received under the new legislation.

If you would like any support in dealing with flexible working requests, drafting policy and guidance material or line manager training, please contact Sue Meehan Boyes in our team on 07384 468 797.

Long Term Sickness Reaches Record High

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Another Change to Holiday Pay?

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An important judgment last year, in the case known as Harpur Trust, confirmed that part-year workers (those who don’t work all year round) are entitled to a larger holiday entitlement than part-time workers who work the same total number of hours across the year. 

This has caused anxiety for particular employers where workers might be employed to work part of the year only, for example in hospitality during busy times such as Christmas or over the Summer.

If this does impact you, then you’ll be interested to know that the Government have just announced a consultation to try to ensure that holiday pay and entitlement received by workers is proportionate to the time they spend working. 

As the law currently stands when you are calculating holiday pay you need to count back 52 weeks to work out average pay, but crucially you must skip any weeks when no pay is earned. 

The Government’s proposal is that employers can just count back 52 weeks, whether or not anything is earned in those weeks. This will almost certainly reduce the amount of holiday pay for part year workers. The Government’s impact assessment calculated that this change will save businesses £113m per annum.

The consultation runs till early March and we will let you know what the result is. We suggest you take legal advice about what, if anything, you should do about holiday pay for part year workers until we know the outcome of the consultation. 

If there is anything you would like to discuss about holiday pay queries please contact Sarah Martin in our team on 07799 136091.

Menopause Not Set to Become a Protected Characteristic

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With just over 15 million women in the workplace, the last few years has seen a welcome focus on how the menopause can impact staff and what employers can do to best assist women through this stage.

Last week the Government responded to the House of Commons Women and Equalities Committee report Menopause and the Workplace (July 2022). 

The report had made a number of recommendations, including:

  • introducing sex and age as a single dual protected characteristic under the Equalities Act 2010 to protect women going through menopause
  • launching a consultation on how to amend the Equalities Act 2010 to include ‘menopause’ as a new protected characteristic

What Are The Government’s Plans?

The Government’s response does not accept either of these recommendations, pointing to existing protections available for those experience menopause. This response was in many ways as expected and in accordance with previous government statements. 

However, the Government has, in part, accepted some of the Committee’s other recommendations, including the appointment of a Menopause Ambassador/Champion, a ministerial appointment within the Department for Work and Pensions; and, bringing forward legislation to make the right to request flexible working a day one employment right. 

No timetable has been announced in respect of introducing these provisions. We will keep you posted as and when the Government releases further details, and provide information of how they may affect your business.

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How Can You Best Support Staff Going Through Menopause?

You may want to consider how best to support any staff currently going through the menopause. This could include:

  • Introduce a Menopause Policy for staff. Many of you will have already done this, it is a useful way to show your support for staff, emphasise your commitment to addressing the impact of menopause and a useful way to channel any queries from staff.
  • Appoint a Menopause Champion to act as a central point of contact for staff.
  • Provide training for line managers on the symptoms of menopause and how to support and speak with staff who may be experiencing symptoms. This can be a sensitive subject and line managers are often the first point of contact for staff and may need guidance on how best to approach conversations such as this.
  • Consider what can be done to help staff experiencing the menopause, for example considering home working and adjusting working times.
  • Reviewing the working environment to ensure it is conducive to working if a member of staff is experiencing the menopause – for example, the room temperature and access to toilets.
  • Create an open and trusted environment for staff. Implementing the recommendations above will help you to do this. Menopausal symptoms can be managed in a way that supports staff to be able to continue to work in the best interests of your business.

For further information or to discuss how NQHR can help your business to support staff please contact Rachel Brodie in our team on 07881 092528.

World Cup 2022: Tackling HR Challenges in Your Workplace

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From matches during working hours, to potential tension between employees, we review some of the possible issues employers should be aware of as the World Cup 2022 approaches.  

The Football World Cup starts on Sunday 20 November and continues until the final on 18 December – but is your organisation prepared for the challenges it could bring?

Should Employees Get Time Off to Watch a Match?

Due to the time difference with Qatar (they are three hours ahead of the UK) a lot of the games will take place during the working day. For example, England’s game against Iran takes place at 1pm on Monday 21 November and Wales’ game against Iran takes place on Friday 25 November at 10am. 

Due to the number of teams involved in this World Cup, there will be four games a day for many of the group stages. They will be played at 10am, 1pm, 4pm and 7pm UK time, every day. 

As an organisation you should think about the approach you will take with regard to colleagues who want to watch the games. For example, there is a risk that if you only allow England and Wales fans to watch games you may get complaints from say a Moroccan colleague who wants to watch their team play at 10am on Wednesday 23 November. 

The best approach is to be even handed, so if you will allow England fans time off to watch any England games you should consider allowing other teams fans time off to watch their team’s games. You need to think whether you will allow employees to work flexibly or whether they will need to take annual leave to watch the games. 

Could There Be Workplace Tension?

The next thing is to consider possible workplace tensions arising. For example, an employer might think it’s a good idea to set a TV up in an open plan office and allow staff to have an alcoholic drink if it’s a big late afternoon game. But be mindful of how this might make others feel. Some colleagues may not want to watch and might not want to be around alcohol for a number of different reasons. This could lead to tensions between staff, especially when alcohol is involved.  Plan ahead, consider those employees who do not want to watch and remind colleagues of their obligations under any Dignity at Work policies.

Promoting Equality and Inclusivity

The other live issue at this World Cup is LBGTQ+ rights. In Qatar homosexuality is illegal with punishments for being homosexual including prison sentences for up to seven years, or death. A few days ago a Qatar World Cup Ambassador said that homosexuality is ‘damage in the mind’. There is a good chance that there will be protests by some players and fans about the Qatari approach in this regard and it remains to be seen how the Qatari authorities will react. 

This issue is almost certainly going to be addressed during the coverage of the World Cup. If you are going to be showing the games it may be worth reminding your staff of your own organisation’s approach regarding Equality, Dignity at Work and so on and ensuring that any discussions about the matter are moderate, reasonable and respectful. This is not just to try to avoid grievances and Tribunal claims but also to let staff know that they are working in an inclusive, tolerant organisation. 

The World Cup may well give organisations a lot to address and so it may be helpful to give some thought to how you will approach these matters in advance. If there are any issues you would like to discuss please contact Simon Martin in our team on 07384 813076.