Tag Archive for: Employment

Is It ‘Just Banter’? How Do You Draw the Line in Your Workplace?

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Banter in the workplace can help build good working relationships amongst staff, but with a 45% increase in tribunal claims relating to workplace banter, it’s clear the lines between banter and harassment are getting increasingly blurred.

A few years ago a company asked us to deliver some training for their staff on the subject of workplace banter. They had identified that in a particular area of their business, things had become a little bit too well, bantery, and they were concerned that the invisible line we all talk about was in the process of being trampled over.

According to recent research conducted by employment law firm GQ Littler, they were right to be concerned. The number of tribunal claims relating to workplace banter has increased by 45% in the last year. 

The statistics refer to the number of claims where ‘banter’ was an integral part of the employers defence, the ‘it was just a bit of banter’ defence.

What Does the Law Say About Banter?

As you might imagine, the term ‘banter’ is not one that is defined in law. 

The Equality Act 2010 prohibits less favourable treatment on the grounds of ‘protected characteristics’, namely sex, race, sexual orientation, age, disability, gender reassignment, pregnancy and maternity and marriage and civil partnership. 

Employers need to be concerned as they can be vicariously liable for the acts of their employees. In simple terms this means a claim can be brought against the employer and the employer can be held responsible and ordered to pay compensation. 

What Are the Common Issues?

Often, the sorts of issues that can give rise to unhappy employees are jokes or nicknames that are intended to be, and often are funny. However, the reason it’s tricky is because, as Joe Lycett recently found out when a member of his audience reported one of his jokes to the Police, what one person finds funny, another can find offensive.

So how can employers create the right balance of creating a workplace that encourages a collegiate atmosphere where people get on well and develop relationships but don’t offend one other?

Best Practice

In truth, employers probably need to accept that their staff are not going to get it right all of the time. But there are things employers can do to help (and minimise their potential liability if it does go wrong). Suggestions include:

  • Set the right tone – it’s got to start with senior staff and line managers. If they are not behaving in a respectful and appropriate way, it will inevitably lead to problems.
  • Create an environment where people are confident to call out or challenge behaviour they find upsetting or offensive. Often things deteriorate when they are allowed to fester. If people feel comfortable to speak up then issues should hopefully be easier to resolve.
  • Ensure managers are skilled in having difficult conversations. It is a skill and it can be learnt. Things rarely improve if they are not addressed.
  • Consider how you incorporate the types of positive behaviours you want to see from staff into your core values or a company charter. It is one thing having a dignity at work or bullying policy for when things go wrong but implementing these things can be a more proactive and positive tool.
  • Offer staff training, either on induction or as part of a more general training agenda. It does no harm for any of us to be reminded about these issues and it can be a helpful reset button if you’ve identified that there is a problem.

Our team are experienced in offering bespoke staff training for a variety of organisations. Please get in touch if you’d like to discuss training on workplace banter, managing difficult conversations or your other training needs. Please contact Sarah Martin on 07799 136 091.

Essential HR for Line Managers – Session 4: Managing Performance – 29 September 2022

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Register here

Date: Thursday 29 September 2022

Time: 10.00am – 11.30am

Price: £35 + VAT

Type: Virtual Online Session

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to do this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In this fourth and final session we will cover how to manage performance – both good and bad, including:

  • Performance management in practice
  • Using probationary periods
  • Providing feedback and encouraging positive performance
  • Providing support and setting targets
  • Capability process and issuing warnings
  • Tricky areas

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Helen Couchman & Joanne Bradbury

We hope you are able to join us. If you have any queries, please contact the Events team.

Essential HR for Line Managers – Session 3: Managing Short and Long Term Absences – 8 September 2022

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Register here

Date: Thursday 8 September 2022

Time: 10.00am – 11.30am

Price: £35 + VAT

Type: Virtual Online Session

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In the third session we will cover how to manage short and long term absence, including:

Short term absence

  • Identifying patterns
  • Reporting and monitoring
  • Informal management
  • How and when to move to the formal stage
  • The formal procedure

Long Term absence

  • When to intervene
  • Occupational health and medical input
  • Disability and reasonable adjustments
  • Maintaining contact
  • Fair process

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Sue Meehan Boyes & Kirsty Hunt

We hope you are able to join us. If you have any queries, please contact the Events team.

The Future is Hybrid

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Hybrid working seems to be the new normal. With a quarter of workers now choosing to work remotely and from the office, we take a look at how you can best manage your workforce and employee expectations. 

Working Remotely and In the Office

Hybrid working allows your employees to split their time between working remotely and from the office. For most, this means working from home, but this could also mean working from a shared space, or even the local coffee shop! It doesn’t just stop there… more and more businesses are adopting a much more flexible way of working generally, including a shorter working week, compressed hours or term-time only working. There’s lots of possibilities.

What Are the Advantages?

Hybrid working not only offers more flexibility, but also supports a better work life balance, and contributes to positive mental health and wellbeing. Research has also shown that embracing flexible working pattern increases productivity. It can even help reduce overheads by saving on office space!

What’s the Difference Between Hybrid Working and Flexible Working?

There is no legal requirement to adopt a hybrid working model. It’s up to the employer to develop a practice that works best for the business and staff. There is also no requirement to have a hybrid working policy in place (although we would always recommend this as best practice).

There is an obligation on an employer to consider a request for flexible working if the employee has the necessary qualifying service of 26 weeks. Employees must provide a reason for their request, and give due consideration as to how this might impact your business.

Employers are under a duty to meet with the employee and properly consider the request, needing a good business reason to refuse. A flexible working request can include a request to make a temporary or permanent change to working patterns or location. If the employee isn’t happy with the outcome, they have a legal right to appeal, and must be taken through the appropriate appeal process.  

The Government are now also considering, whether the 26 week working requirement should be abolished, and this should in fact, become a day one right. Given the change in working culture, this is not surprising, but no decisions have been made yet.   

We have set out below some practical considerations to think about when adopting a hybrid working model, and how best to manage this.

Hybrid Working Policy

Having a policy in place can be a useful management tool and help enforce those necessary boundaries. This can be used to identify when and how often attendance at the office is expected, what is expected from remote workers (including communication guidance), and information about the use of equipment or IT security. You can also set out that all important health and safety information.

Effective Communication

Working remotely can often feel isolating, and when things are busy, those employees can sometimes be forgotten. This in turn can impact performance and productivity. Being clear about your expectations from the outset, and ensuring you plan ahead will help to manage this, and keep your employees on track.

This could include an online open door policy, diarising regular one to ones, and holding weekly team meetings by video call. Either way, ensure regular face to face contact is made, so those working remotely do not feel excluded, and that communication is effective.

Working Environment

Having a safe and comfortable working environment is essential to productivity. Think about whether those employees working from home have access to a suitable space to work, and to the equipment they need. Is there anything you need to provide, or any safety checks to be carried out? Is there a requirement for reasonable adjustments?

Managing Your Employees

It’s important to manage staff working remotely, as you normally would if they were in the office full time. Ensure staff have the same opportunities as those in the workplace, and that training and development needs are still being met. This could even include training for line managers on how to effectively manage those who have adopted hybrid working.

Finally, you may wish to consider the approach taken in Tokyo, where a whole new way of working has been adopted for those finding it hard to find their focus and meet deadlines!

For more specialist support with how best to manage hybrid working, please contact Kirsty Hunt in our team on 07384813077.

Essential HR for Line Managers – Session 2: Handling Grievances and Difficult Conversations

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Date: Thursday 16 June

Time: 10.00am – 11.30am

Price: £35 + VAT

Location: Virtual Online Event

Register Now

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In this second session we will cover grievances and how to handle to difficult conversations. The session will include:

  • the definition of a grievance and when to act
  • the procedural requirements
  • informal resolution and mediation
  • investigating, note-taking and record keeping
  • decision making and appeals

 Difficult conversations

  • when it may be appropriate to act
  • planning and preparation
  • structuring the conversation
  • communication skills The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Sarah Martin & Kirsty Hunt

We hope you are able to join us. If you have any queries, please contact the Events team.

Essential HR for Line Managers – Session 1: Managing Disciplinaries

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Date: Thursday 9 June

Time: 10.00am – 11.30am

Price: £35 + VAT

Location: Virtual Online Event

Register now

What’s this session about?

Line Managers are usually closest to managing employee issues on the ground and it is therefore essential that they have appropriate support and training in order to do this effectively. These expert led sessions will provide delegates with the skills and confidence to deal with the issues they are likely to face in practice. Delegates can attend each session or choose the ones that they feel are the most relevant.

In this first session we will be covering disciplinary and conduct issues, and the session will include:

  • Handling minor conduct concerns in the workplace;
  • What a fair disciplinary process is, with reference to the ACAS code of practice;
  • How to distinguish between conduct and capability issues;
  • Identifying issues early and informal management;
  • When it is appropriate to commence a formal disciplinary process;
  • When to consider suspension and how to do that;
  • The principles of a fair investigation;
  • The disciplinary process itself and tricky issues that might arise such as sickness absence, remote working, overlapping disciplinary and grievance issues; and
  • Sanctions and appeals.

The sessions will be interactive with relevant case studies and there will be opportunities to ask questions.

Speakers: Caitlin Anniss & Sue Meehan Boyes

We hope you are able to join us. If you have any queries, please contact the Events team at events@vwvplus.co.uk.

What Are the Latest Employment Law Changes in April 2022?

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There are several employment law changes coming into force in April 2022.

National Minimum Wage Rises

From 1 April the national minimum wage will increase. You should ensure that your hourly wage rates of your employees meet the new threshold in your April salary payments.

  • Increase from £8.91 to £9.50 for workers aged 23 and over (the national living wage).
  • Increase from £8.36 to £9.18 for workers aged 21 or 22.
  • Increase from £6.56 to £6.83 for workers aged 18 to 20.
  • Increase from £4.62 to £4.81 for workers aged under 18 who are no longer of compulsory school age.
  • Increase from £4.30 to £4.81 for apprentices under 19, or over 19 and in the first year of the apprenticeship.

Gender Pay Gap Reporting

The deadline for gender pay gap reporting is 30 March for public-sector employers and 4 April for private and voluntary sector employers. You can submit your report through the GOV.UK website and you should also ensure you publish it on your organisation’s website. Read further government guidance.

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Family-Related Pay and Sick Pay

The statutory minimum rate for maternity, adoption, paternity and parental bereavement pay increases to £156.66 per week from 3 April 2022.

The statutory sick pay rate increases to £99.35 per week from 6 April 2022.

You may wish to review your policies to check that you have amended these pay rates in line with these changes.

IR35 Compliance

The grace period for enforcement of non-compliance to IR35 rules ends on 6 April 2022. Organisations should review their IR35 compliance and ensure they update their status determinations where necessary. As a reminder, employers are now responsible for determining a contractors’ employment status to assess if IR35 applies. If IR35 does apply, the employer is deemed to be their employer for tax and national insurance purposes. Find out more information on IR35.

Right to Work Checks

There has been an extension to the Home Office online right to work check process, until 30 September 2022. You can continue to use the online right to work service and make document checks remotely until this date.

British and Irish citizens, who are currently unable to evidence their right to work through the online service will be able to start using the new digital identity checking service online which is due to be introduced 6 April 2022. This new service will use Identification Document Validation Technology (IDVT) providers who will carry out checks on behalf of employers.

Statutory Redundancy Pay

From 6 April 2022 the weekly statutory redundancy pay for employees with two years’ service will increase to £571.

For specialist support or advice on how these changes may affect you and your employees, please get in touch with Helen Couchman in our team on 07799 901 669. 

Living with COVID-19, Long COVID and the Impact on Business

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Along with the much anticipated arrival of Spring, comes the Government’s equally anticipated response to Living with COVID-19.

As part of its response the Government have effected a number of changes to current arrangements which will have an impact on businesses and employees alike – including:

  • changes to SSP rules for COVID-19 related absences
  • removal of COVID-19 as a consideration for risk assessments
  • the consolidation of guidance to businesses in line with public health advice

Find out more detailed information about these changes.

Long COVID – Is it Classified as a Disability?

A challenge for employers as we move into a post pandemic working environment, is the long-term consequences of ‘long COVID’ – its medical impact and whether it is likely to be classified as a disability under Equality Act 2010.  

Rebecca Thomas, Head of Employment Policy at the Equality and Human Rights Commission (EHRC), recently suggested that organisations should presume that an individual’s long COVID symptoms meet the threshold required to be classified as a disability in order to avoid falling foul of equality law.

Managing Long COVID

In the absence of official EHRC or legislative guidance on long COVID, businesses should endeavour to manage this risk by assessing individuals on a case by case basis, against the statutory definition of disability:

  • they have a physical or mental impairment
  • the impairment has an adverse effect on their ability to carry out normal day-to-day activities
  • the adverse effect is substantial and long term (lasting 12 months or more)

Employers should seek medical advice as to whether an employee’s condition meets the definition of a disability for equality law purposes. This advice may also be able to provide details on the individual’s prognosis and timescales for recovery, along with any reasonable adjustments which might help their return to work.

If you would like advice on how to deal with long term absences or undertaking an occupational health referral please contact Sue Meehan Boyes in our team on 07384 468 797.

Making Your Workplace More Inclusive for Disabled Staff

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On 12 March, the Business Disability Forum (BDF) published guidance to help employers improve access for disabled workers.

What Does the Guidance Say?

The first part of the guidance, Access for all – Creating inclusive global built environments, sets out what an inclusive built environment may look like and sets out the importance of creating an inclusive environment for both disabled staff and businesses. It also looks at who to involve in this process and some of the challenges that employers may face.

The second part of the report looks at practical issues to consider when designing a more inclusive and accessible built environment.

The built environment refers to the interior of a building and will include things like entrances, stairs and lifts, lighting, seating areas, offices, catering and bathrooms.

The report suggests that thought should be given to how the people using the building really ‘use’ the environment, and that this must include those with disabilities. This will involve thinking about how easy it is for people to use the desks, the entrances, the toilet facilities and how easy it would be to enter and leave the premises, including in an emergency. 

The report encourages employers to consider the whole range of possible disabilities, including not only physical disabilities but also mental health conditions and sensory conditions. Aiming for inclusion in this context focuses on the built environment being able for all people to access and use spaces without specific adjustments being needed on an individual basis.

Why Is This Important?

The report suggests that a focus on the accessibility of built environments of workplaces will help to:-

  • attract and retain staff
  • attract customers and clients
  • reduce costs of high absence rates and high staff turnover
  • enable an organisation to become more energy and time efficient

The report gives some useful pointers for those working in HR to consider when thinking about the built environment of their organisation. 

To discuss these issues further, or for specialist guidance on issues relating to disability in the workplace, please contact Caitlin Anniss in our team on 07909 683 938.