Tag Archive for: Employment

Russell Brand – what would you do if he was your employee?

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Imagine a situation where an employee of yours is accused of serious sexual offences outside of work that doesn’t involve any work colleagues.

At first glance, a default approach might be to say that what happens outside of work is a private matter for the employee and so does not and should not affect their employment. But, it’s often more complicated than that.

In this sort of case, an employer may want to be mindful of three possible scenarios:

  1. Whether the employee’s behaviour outside of work affects, or may affect the organisation’s reputation.
  2. Whether the employee’s alleged behaviour impacts on whether their colleagues would want to work with them.
  3. If your organisation is subject to the Keeping Children Safe in Education (KCSIE) rules, then a third question might be about transferrable risk. While the considerations about this are beyond the scope of this piece, it is definitely still worth seeking advice about.

It’s worth remembering also, that the employment law test to arrive at a decision is on the balance of probabilities. This is a lower bar than the criminal test which is beyond reasonable doubt. This means that employers can and should arrive at their own conclusions and not have to feel that they need to wait for, or follow, the judgments and decisions in any criminal case. A word of warning here though: if the police are involved, you need to ensure that you don’t take any steps that the police might claim prejudices their own investigations, so it’s important to open a dialogue with them at an early stage.

This is a very complex area, which has become tricker with the arrival of social media and people commenting on a difficult situation. We recommend you should avoid any knee jerk reactions and promptly form a team who will deal with the process. If the incident has become widely known then let employees know who will be dealing with it and, for instance, designate a point of contact who will deal with media queries.

The standard advice regarding a disciplinary process also applies of ensuring a separation of roles, so someone should be given the task to investigate the matter, someone else (ideally more senior) should be given the task of hearing any disciplinary, should that be necessary; and then a third person (more senior still) should be identified as an appeal hearing manager.

It goes without saying that it is also sensible to take advice. Your organisation may well be facing this challenge for the first time whereas we have got experience in dealing with these matters.

For further advice and guidance on this matter or other HR related concerns, please contact Simon Martin in our team on 07384 813 076.

Navigating the surge in workplace conflict and strategies for effective resolution

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The modern workplace has witnessed a noticeable increase in conflicts in recent years. This phenomenon has not only strained relationships among employees, but has also incurred significant financial costs for organisations.

This article delves into the reasons behind this surge, examines its economic implications, and offers proactive strategies for employers to effectively mitigate and resolve these issues.

Understanding the increase

There are several factors contribute to the rise in workplace conflict, including:

  • Diversity and inclusion – whilst diversity is an asset, hiring employees with varying backgrounds, values and beliefs can also lead to misunderstandings and conflict if not managed effectively.
  • Remote work – the proliferation of remote working, accelerated by the COVID-19 pandemic, has altered the dynamics of workplace interactions. Isolation, miscommunication and blurred boundaries have increased the likelihood of conflict.
  • Stress and burnout – employees face heightened levels of stress, exacerbated by uncertain economic conditions, which can manifest as conflict when people feel overwhelmed.
  • Digital communication – the absence of face-to-face interaction can make it challenging to read emotions accurately. Overreliance on digital communication channels can lead to misinterpretation, miscommunication and, ultimately, conflict.

The financial costs

The increase in workplace conflict carries significant financial implications for organisations. According to a study by the Chartered Institute of Personnel and Development (CIPD), workplace conflicts cost UK employers an estimated £28.5 billion per year in absence, decreased productivity and legal fees. This substantial figure highlights the urgency for employers to address these issues proactively.

Mitigating workplace conflict

There are many ways that these costs and strained relationships can be avoided by following good HR practice, embedding a positive culture, and tackling potential issues early on. For example:

  • promote and invest in diversity and inclusion training and awareness programmes for employees. Encourage open dialogue, empathy and respect for different perspectives.
  • enhance communication skills, focusing on clarity and active listening. Encourage employees to express themselves effectively, model what is expected throughout the business, and provide employees with the tools they need to do this well.
  • implement mental health programmes, support and resources to help employees manage stress and build resilience.
  • promote work-life balance, by encouraging staff to establish clear boundaries between work and personal life, even in a remote-working environment. This should include revisiting flexible working arrangements and being more open to trialling new working patterns.
  • consider developing a conflict resolution training programme, to include mediation and negotiation training. Equip line managers with the skills to intervene early and effectively, or consider outsourcing to third party experts if a situation warrants this, before it becomes toxic or it affects a wider cohort.
  • encourage regular one-to-one check-ins between employees and managers, to provide a platform for discussing concerns, clarifying expectations, and fostering a positive working relationship.
  • create a comprehensive Conflict Resolution Policy to outline the steps to be taken when conflicts arise. Ensure employees are aware of the policy and know how to access support.
  • use technology wisely. Organisations should of course continue to leverage technology for efficient communication, but you should encourage in-person meetings whenever sensitive topics need to be discussed (or video meetings if absolutely necessary). Ensure all employees are proficient in digital communication tools.

The increase in workplace conflict is a real and pressing issue for employers to address, with substantive financial implications for organisations to bear. However, by understanding the underlying causes, investing in training and support, and implementing proactive conflict resolution strategies, businesses can mitigate these issues effectively. A harmonious workplace not only reduces costs, but also fosters a more engaged and productive workforce, ultimately benefiting both employees and the organisation as a whole.

If you would like more help with any of these issues or any other HR concerns, please contact Jo Bradbury in our team, on 07570 372118.

Supporting Employees on Complex Fertility Journeys

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We take a look at recent developments and guidance that has emerged to support employers navigating this important topic.

We previously published an article about the Workplace Fertility Pledge, an entirely voluntary scheme that employers could sign up to in which they pledged to offer support to individuals and couples going through fertility treatment.

Now the CIPD, the professional body for HR and people development, has launched a guide to employers on how to offer workplace support.

The guidance draws together the work of others, such as Manchester Metropolitan University and Fertility Matters at Work.

What Support Can Employers Put in Place?

Fertility treatment varies and so do the needs and wishes of those going through it, but for those looking at what they can do in their organisation, it’s a useful starting point to review Manchester Metropolitan University’s list of various factors that those undergoing fertility treatment may be dealing with:

  • attending multiple (sometimes daily) clinic appointments – often arranged with little notice
  • finding the time and privacy to take sensitive phone calls from the clinic during the working day, coupled with the anxiety of waiting for, and potentially missing, important updates
  • storing medication (which may require refrigeration) at work and finding a clean and private place to inject medication
  • ‘cycles of hope and grief’- the challenge of receiving difficult news at work and managing the significant emotional transition if treatment is unsuccessful
  • potential strain on relationships both inside and outside work
  • financial pressures if funding treatment privately

As an employer, this list is really pause for thought. Supporting employees through this journey makes good sense, not only because it’s the right thing to do from a human, compassionate perspective but also because you can work with that employee to help them to continue to be effective in their role in a planned way, rather than them staying silent and trying to muddle through.

There’s lots an organisation can do, from educating managers and employees, introducing a policy and allowing flexibility for those undergoing treatment.

Resources

The CIPD has helpfully included their Fertility Journey Policy, which is worth a read for those thinking of implementing their own policy.

Fertility Matters at Work is also a great resource for employers who are searching for information on how they better equip their organisation to support employees who are on a complex fertility journey.

For further information on this topic, please contact Sarah Martin in our team on 07799 136091.

Disciplinary Processes – It’s All in the Detail!

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A recent case illustrated why process and the associated details, can be critical when dealing with disciplinary issues. We look at the basics of a disciplinary process, the importance of following it and what could happen if you don’t!

The case of Miss M Crew and Miss J Mason v Three Milestone Education Ltd shines a spotlight on mistakes that can be made when managing a disciplinary and the importance of considering each case on its own merit. But first let’s take a look at the process.

Why Do You Need a Process for a Disciplinary?

Under the Employment Rights Act 1996, as part of the written statement of terms and conditions of employment, employers must provide employees with information on the disciplinary rules and the procedures for disciplinary decisions and appeals, or refer the employee to some other easily accessible document, such as a staff handbook, containing that information.

What About the Acas Code of Practice?

The Acas statutory Code of Practice on Disciplinary and Grievance Procedures provides recommendations for dealing with disciplinary situations at work. Businesses may have their own processes that are more suited to their needs but the Acas statutory code is the minimum an employer must follow. Failure to follow the Acas Code may be taken into account by tribunals in deciding if a dismissal is fair. Similarly an unreasonable failure to follow the Acas Code may lead a tribunal to adjust the amount of compensation payable to the employee.

Any Other Benefits?

There are other sound reasons for having a documented process set out:

  • Provides clarity – confirmation to staff what behaviour is expected behaviour as well as what may be deemed unacceptable or inappropriate.
  • Clear structure – a mechanism to look at and resolve concerns constructively and encourage improvement. Sanctions are not the only outcomes and the process can identify what improvement is required of an employee and outline what support might be available to facilitate the required level of improvement.
  • Consistency and fairness – to ensure rigour in its application across the business and to endeavour to be in the best position to successfully defend any unfair dismissal claim.

What Should a Disciplinary Process Include?

Acas advise six steps in a disciplinary process:

  1. Assessing the options – whether the matter can or should initially be dealt with informally; whether it sits within another process such as a capability process.
  2. Once the process is invoked, undertaking a fair procedure – this includes acting swiftly to inform the employee of the concerns and the process to be followed; at the same time being mindful of the employee’s health and wellbeing. Identifying who will conduct the disciplinary hearing and who might be needed to hear an appeal if one is raised.
  3. Carrying out an investigation to establish the facts of the case. The investigation should be done by someone other than the disciplinary hearing manager to maintain fairness in the process.
  4. Conducting the disciplinary hearing to review the evidence from the investigation – giving the employee adequate notice so they have time to prepare and allowing them to be accompanied by a work colleague or trade union representative. Providing them with the opportunity to ask questions of the investigation.
  5. Following a fair disciplinary procedure, the employer should decide on the best outcome based on: the investigation findings, what is fair and reasonable and what their workplace has done in any similar cases before. The decision should be communicated to the employee in writing and also detail their right to appeal the decision.
  6. Follow up after the hearing as appropriate – this may include talking to those staff who were aware of the issue, to ensure confidentiality is maintained; updating HR records.

Do I Have to Follow All the Steps?

Yes. The requirement is for a fair process that allows all parties the ability to participate and to have access to all of the evidence. Failing to undertake one of those steps such as a separate investigation could undermine the findings of the disciplinary and lead to a possible tribunal claim. But it is also important to consider each case on its own merit and recognise where adaptation to the process may be required.

The case found that an employer who refused to allow an employee’s mother to attend as their companion, was a failure to make a reasonable adjustment. The tribunal found there were extenuating circumstances due to the employee’s disability and the requirement for additional support and that rejecting the request, created an intimidating environment.

The same case also highlighted the importance of independence in investigations. The case involved two employees and as a consequence two hearings and investigations. The employer decided to swap the roles of disciplinary hearing manager and investigation officer between the two employee hearings. The tribunal found that there were “chances of contamination in the investigation between the decision maker and investigator of both cases..” and that the approach taken ” was “outside the band of reasonable responses”.

What Are the Repercussions for Not Following the Process?

  • Risk of claims for unfair dismissal- inadequate procedures or failing to adhere to published processes could mean consideration is not given to specifics of a matter or the process is incomplete ahead of any disciplinary outcomes, resulting in higher risk of a claim being made.
  • Costs of defending a claim – outside of the possible awards that could be made, there are legal costs as well as the costs of management time to consider.
  • Reputational damage – externally to your employer brand which could impact negatively on relations with suppliers, customers and deter future employees. Similarly existing staff want to be reassured that that an organisation follows its own rules and won’t attempt to ‘fast track’ a process.

Employers can avoid these pitfalls by having documented disciplinary processes which are clearly communicated and accessible to all; ensure the processes are adhered to; and provide training to those hearing disciplinaries as well as those investigating them. Disciplinaries will be an inevitable part of the workplace environment, but employers who put these measures in place can reduce potential challenges and minimise risks of future claims.

For specialist HR support with any of these issues, please contact Sue Meehan Boyes in our team on 07384 468797.

Is Hybrid Working, Working for You?

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It’s hard to remember a time before hybrid working. But as its usage has increased, so have some challenges. In this article we look at those challenges and consider how you can manage them within your own business.

The Current Picture in the UK


Recent data from the London Underground suggests that office attendance in the key London business districts has levelled off since November 2022. A Centre for Cities report stated that a hybrid working pattern is now most common in the capital, with the average office worker attending in person two days per week with three days worked remotely.

The report raises interesting questions regarding the loss of opportunities to collaborate in person, suggesting that the established economic benefits of ‘agglomeration’ which have been evidenced over the last century, are now on the decline. Although, given technological advances to accommodate remote collaboration in recent years, perhaps the impact is more nuanced than is being suggested.

Being co located with colleagues provides valuable opportunities for collaboration, learning and social interaction. But the pandemic has also demonstrated the value of remote working in fostering employee well-being, and work-life balance, without compromising on productivity.

Many employers continue to offer hybrid or remote-only working opportunities to attract and retain the best talent in a competitive recruitment landscape. Other academic research has evidenced the benefits of remote working to the wellbeing of employees, with the recent 4 day week study being a resounding success with 92% of those participating in the trial adopting the working pattern on an ongoing basis. Many employers who participated in the 4 day week study also offered hybrid or remote-only working opportunities and actually found a distinct increase in productivity.

Is Hybrid Working Right for Your Organisation?


It’s clear that the demand for flexible working is here to stay and that it can work. But it is equally important to recognize that there is no ‘one size fits all’ and organisations should review their own challenges before attempting to adopt any drastic changes to working practices.

As an employer, you might want to consider how you are measuring and monitoring the effectiveness of your current working practices.

  • This could include metrics such as financial data, productivity data, sickness absence data, recruitment and retention metrics, employee wellbeing data etc.
  • Seeking feedback from your employees informally on how it’s working for them through employee forums, surveys or via management.
  • Reviewing your flexible working policy and how you promote this within your organisation.

Peter Cheese, Chief Executive of the CIPD, said in response to the four-day-week trial “[the pilot] has shown the potential organisations have to rewrite the rules on working norms across different roles and sectors… [to] create better balance of working lives for their people while maintaining business output and outcomes”.

Keeping Connected While Hybrid Working


Being truly connected to your team is not simply about being online. The real puzzle is how we can maintain the scope for collaboration when working remotely. A few things you can consider:

  • Train your managers on how to engage, motivate and manage a remote team
    Remember, the skillset required to manage a dispersed team is not the same as managing a face to face team.
  • Create a working environment where innovation is encouraged and nurtured
    Depending on how you work, it may help to schedule some team thinking time. This could be during regular online meetings and/or during face to face development sessions.
  • Make face to face time count
    If you are arranging face to face events that will require investment and travel, make them worthwhile! Seek input from the team on the design of the day and how you will measure its success.
  • Maximise the use of technology but don’t forget the importance of human connection!
    One of the key criticisms of hybrid working is the lack of opportunity for human connection and socialising. You can weave in opportunities for social connection to your face to face events but we would also recommend making space for this remotely too.
  • Review and evolve
    Schedule regular opportunities to revisit the way things are done. It should not be set in stone and the way you work should evolve with the needs of the organisation and the team.

Looking Ahead

The evidence certainly suggests that hybrid working patterns will remain an established way of working for the foreseeable, something that businesses need to consider when they are looking to the future and the development of their recruitment strategies. In a recent survey by Deloitte, 77% of Gen Z and 71% of millennials would consider looking for a new job if their employer asked them to go to their workplace full-time. Likewise existing staff have appreciated the benefits a more flexible approach can bring – whether that’s in reduced travel time, better balance of caring responsibilities. Engaging with staff and giving consideration as to what could really work within the workplace, will help businesses be in the best position to both attract new talent and retain and motivate current employees.

 For a discussion on how you can make hybrid working or other forms of flexible working work in your organisation or the training we can offer, contact Kathryn Chidzey-Jones  in our team on 07881 092524.

Long Term Sickness Reaches Record High

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Suicide – What Can Employers Do to Ensure Vulnerable Employees Receive Support in a Time of Crisis?

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Suicide is a significant public health concern; it is an emotive and complex subject from both a personal and work place perspective. This article considers what support organisations can put in place to help employees at risk of suicide in times of crisis.

The Business Case for Action

This topic has been prevalent in the media in recent months, most recently following the death of a Head Teacher pending publication of their School’s Ofsted Report. Academics in the British Medical Journal have subsequently recommended that every work-related suicide should be investigated by the Health and Safety Executive. On 12 June 2023, Ofsted announced that school inspections are to change in England as a consequence of this case, after the Head Teacher’s Union claimed that the system was fundamentally flawed.

Statistics for work related suicides are not reported on, however suicide rates have returned to pre-pandemic levels, following a decrease in 2020. Additionally as we reported last month, the HSE has seen an increase in work-related ill health cases 2021-2022, with one of the primary causes of ill health being work-related stress. Against a backdrop of financial worries and job insecurity, these figures suggest there is a very real context for employers to be concerned.

How Can Employers Support?

It is important to note that suicide is not inevitable. Most people suffering with suicidal thoughts are ambivalent about dying but may be unable to imagine other potential solutions. With the right support, people can find their way through a suicidal crisis and recover. Suicidal feelings are necessarily related to the presence of a mental illness. These feelings are far more common that one may think and usually occur as a result of a multi-factorial process.

So what can managers do in practical terms?

Stay Connected

It is critical that managers connect regularly with their teams, and use those opportunities to ask each individual how they’re feeling. This is especially important if they can see changes in the person’s behaviour, such as them becoming quieter and more withdrawn, defensive, tearful, forgetful or error prone. Being attuned to possible risk factors for employees – stressful life events, such as a bereavement, a relationship break-up or divorce, getting into debt or being made redundant, can all put people at risk.

Those who feel lonely and isolated are also at heightened risk because they often lack the friendship, family and other support networks needed to open up about their feelings and get reassurance that even though they feel like this now, it won’t always be the case. However, managers need to recognise that many people feeling like this, will hide their feelings.

Create opportunities for the team to reconnect with each other. Many of the opportunities people used to have to connect with each other through work – in the coffee area, at lunch or while passing people in the corridor – have gone. Think about how to re-engineer those social interactions for people to chat and socialise with each other, the way they might have done during a coffee break or at lunchtime in the physical workplace. You could also consider arranging an informal gathering, even if people are no longer based in the office full time.

Engage

As an employer, managers have a duty of care to understand if anyone who seems particularly low in mood or overwhelmed is at risk, as such if a manager is concerned about an individual it’s okay to sensitively ask: “Are you feeling suicidal or have you had feelings of hurting yourself?” Far from putting the idea to do this into someone’s head, asking this question is essential to understanding if the person is at risk, because if they say yes, the manager can then take steps to direct them towards support. The Charity Mind advises that ‘asking direct questions can encourage employees to be honest about how they are feeling. Many people feel relieved and less isolated when they are asked’.

Signposting Support

Company wellbeing policies that tackle all areas of an employee’s health can provide essential information and guidance for both managers and employees. As well as signposting to external resources, they can provide much-needed clarity by outline what internal support is available and what processes are in place for individuals to access that support.

Internal support could include access to counsellors and therapy services delivered through a company’s employee assistance programme (EAP). External support might involve signposting to charity helplines or to the individual’s GP. Managers could offer to contact support services on behalf of the employee, as often it’s easier for someone to accept help than to proactively seek this.

Mind recommend putting a Support Plan in place for at risk employees. This is a document that sets out how someone would like to be supported and what they can do to help themselves in in a particular situation. It is also a useful document to keep important information and useful contacts in the same place. If, as an employer, you don’t feel able to support all ideas from the employee, it enables managers to research other resources or support organisations that may be able to help.

Whilst employees may be accessing external services, managers should still continue to check in with them to see if this is actually helping and if there’s anything else they can do to help. Other practical help might include flexing the individual’s hours to help them deal with the underlying issue that led to their depression or suicidal feelings in the first place. For example, by shifting their hours so they can meet their children a few days a week from school after a relationship breakdown. Time off within working hours could also be offered to enable an employee to meet with a counsellor.

Line Manager Training

Given the pivotal role line managers can play in providing the right support to employees, it is essential that they are properly supported themselves to enable them to fulfil this role successfully. The provision of appropriate, relevant training will be critical to this success as well as having access to internal resources and support for further guidance. It will be equally important for managers to understand that their role is in helping employees access the right support, but not to feel that are personally responsible for advising or counselling that individual.

Awareness

Employers should seek to increase awareness of all areas relating to employee health and wellbeing and can use key focus days, such as World Suicide Prevention Day on 10 September 2023 to let employees know that if they are struggling, there is support in place to help them feel better.

Further Support

www.mind.org has a useful article to support someone who is feeling suicidal. They also share useful contacts for employers, friends or family to use in this situation.

If you would like more help with understanding what support you can provide to your employees in this situation, or for any other HR concerns, please contact Helen Couchman in our team on 07799 901 669.