Tag Archive for: hr

How Flexible Should Flexible Working Really Be?

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Did you know those without access to flexible working are twice as likely to be dissatisfied in their job? How should employers navigate flexible working requests?

During the pandemic, the CIPD called for flexible working to become a ‘day one’ right, with its Flex From 1st Campaign.

The CIPD’s Flex From 1st Campaign called for flexible working to becoming a ‘day one’ right, and in June 2021 the Flexible Working Bill was first introduced. It recommended that flexible working should be the default position for all workers post-pandemic.

Although this is yet to be enforced and we have seen a rise in flexible and hybrid working, CIPD research suggests that 46% of UK employees still do not have access to any form of flexible working in their current role. 

Flexible working opportunities can benefit everyone: employers, employees and their families. Offering flexible working can also help with the recruitment and retention of staff and promotes a healthy work-life balance.

How Can Employers Be More Flexible?

With the Flexible Working Bill having had a second review in October 2022, the Government has now committed to a number of changes, including a requirement that employers must consult with workers before rejecting an application, in an effort to explore all of the available options before rejecting the request. 

We take a look at best practice when it comes to managing requests for flexible working. 

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Ask for the Request in Writing 

The requirement for an employee to set out how the effects of their flexible working request might be dealt with by their employer will be removed, but the request should still be made in writing. 

Arguably, this requirement will encourage the employee to really think about their request and how this might work best for your business, but it also allows you some time to give it some serious thought and come back to the employee once you’ve done so. 

Meet with the Employee Promptly

You might have had some informal conversations about the request and that’s fine – part of the rationale for the changes is to try to normalise the process but you should still arrange a more formal meeting to discuss it. 

Try to meet with the employee as soon as possible after the request has been made. This will help you to get a better understanding of the changes the employee is looking to make, and consider whether the change needs to be permanent or temporary, and how it could be of benefit to both of you. 

Don’t be afraid to ask questions around the reason for making the request. It could make all the difference and help you to reach an agreement you are both happy with. However, you should always be guided by the employee if discussions become ‘sensitive’, and remember that consultation is a two way process!

Consider the Request Fairly and Look at Alternative Options

Whilst consistency is key, each request should be taken on its own merits as each employee’s circumstances will differ and so will their reason for making the request. If it’s just not workable, employers will now need to consider other options and whether a compromise could better suit your workplace. 

Notify the Employee of Your Decision

Be sure to meet with the employee and confirm your decision. This allows you to feedback on your decision making process, what you have taken into consideration, and why you might not be able to agree to their request. It’s important to base your decision on facts and not personal opinion, and the employee will be more accepting of your decision if they understand the reason behind it. 

It’s always best to follow the Acas Code of Practice on flexible working requests | Acas.

For more support around how best to consult with your employees and manage a flexible working request, please contact Kirsty Hunt in our team on 07384 813077. 

National Minimum Wage Increase & The Cost of Living Crisis

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The Government has announced an increase in National Minimum Wage and National Living wage – but with the increasing pressure of the cost of living crisis, how can employers offer support to employees alongside adhering to wage increases.

What Are the New Rates?

The Government has announced changes to National Living Wage (NLW) and National Minimum Wage (NMW) coming into effect from April 2023.

From 1 April 2023 the following increases in rates will be introduced:

  • 92p increase to the NLW for those aged 23 and over (from £9.50 – £10.42 per hour)
  • £1, or 10.9% increase for those aged 21-22 (from £9.18 to £10.18 per hour). This increase is intended to narrow the gap with the NLW and put this age group on course to receive the full NLW by 2024
  • 66p, or 9.7% increase for those aged 18-20 (from £6.63 to £7.49 per hour)
  • 47p, or 9.7% increase for those aged 16-17 (from £4.81 to £5.28 per hour) and
  • 47p increase in the apprentice rate (from £4.81 to £5.28 per hour)

Increasing Pressure

These latest changes will provide much-needed support for low-paid workers at a time when many are feeling increased pressure from a rising cost of living. 

However, the current cost of living crisis is having a hugely negative impact on employee’s financial and mental wellbeing and for many can be a constant source of worry and stress that can cause distraction and dis-engagement at work. 

What can you do, as employers, to support your employees when businesses are also feeling the pinch and inflation has reached a record high?

Lightening the Load – How Can You Help?

  • Travel costs can be really expensive. Allow flexibility on working from home to minimise the travel costs for your employees. If you require them in the office full time are you able to consider contributing to the cost of travel, such as season ticket loans or bus passes?
  • Ensure you get the payroll right and pay your employees on time. Any delays or errors could have a significant effect on your employee’s being able to budget their spending in the month and could result in them being charged by their banks if their accounts become overdrawn.
  • Ensure employees are aware of any employee assistance programmes (EAP) you offer which could provide practical financial and emotional support confidentially.
  • Provide links to financial or debt support that might be available – charities such as StepChange are a good resource. 
  • Ensure your benefits are up-to-date and in place, such as free eye tests, discounted food at local establishments close to the office, subsidised gym memberships or ability to sell annual leave if it is not used at the end of the year.
  • You could provide fruit, drinks and snacks in the office to reduce the cost of bringing or buying lunch or make sure there are clean and well maintained fridges and microwaves are available so people can easily bring in food from home, which is often a cheaper option than having to go out and buy something.
  • Review your family friendly policies and signpost parents to the Government’s 30 hours free childcare scheme and possible tax reductions if they are eligible. 

By offering your employees a forum to talk about any concerns they may have it also provides a sense of support. If you have mental health first aiders they can be a good point of contact and will be able to signpost them to internal and external resources and will also keep an eye those employees who are potentially more vulnerable. 

Even implementing a few of these ideas could make a real difference to your employees financial and emotional wellbeing and will give them the knowledge that you care and you are approachable if they need support. 

If you’d like tailored HR advice on any of these issues or concerns, please get in touch with Helen Couchman in our team on 07799 901 669. 

Workplace Bullying – Is Your Workplace a ‘Bully-Free’ Zone?

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In recognition of Anti-Bullying week (14-18 November 2022), we are shining a spotlight on workplace bullying and provide guidance on how to best eliminate this destructive behaviour from our workplaces.

What Is Workplace Bullying?

While there is no legal definition of workplace bullying, ACAS defines bullying as: unwanted behaviour from a person or group that is either:

  • offensive, intimidating, malicious or insulting
  • an abuse or misuse of power that undermines, humiliates or causes physical or emotional harm to someone

Although this is not an exhaustive list, workplace bullying includes:

  • gossiping and spreading rumours
  • ignoring or excluding others 
  • making insulting, offensive and inappropriate comments or ‘jokes’
  • setting unrealistic deadlines and unattainable tasks 
  • withholding information and undermining others
  • denying someone promotion or training opportunities

In the event that bullying in the workplace is linked to a protected characteristic (as defined in the Equality Act, i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, disability, religion or belief, sex and sexual orientation), it may constitute harassment, and will therefore be protected and addressed in terms of discrimination law. 

What Is the Impact of Workplace Bullying?

  • Increase in mental health concerns.
  • A toxic workplace culture.
  • High staff turnover and inability to attract new staff and talent.
  • Increase in workplace disputes and litigation costs.

How Can employers Prevent Bullying in the Workplace?

  • Implement anti-bullying and harassment policies and procedures, ensuring that the company culture and working environment is regularly assessed in light of these policies.
  • Conduct awareness training for staff in respect of bullying and harassment.
  • Ensure that all complaints are addressed and taken seriously. This includes conducting proper workplace investigations. 
  • Ensure that staff follow applicable internal procedures in order to address bullying and harassment at an early stage.
  • In appropriate circumstances, consider using alternate dispute resolution mechanisms, such as workplace mediation. 
  • Focus on creating positive and inclusive working environments that do not enable or foster a culture of workplace bullying and harassment.

If you would like specialist support and assistance with any of the outlined measures, please contact Megan Britz in our team on 07468 698957. 

Supporting Employees Through Pregnancy or Baby Loss

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An estimated one in four pregnancies in the UK end in loss, yet this can be a hidden issue in the workplace. How can employers provide compassionate and inclusive support for those affected, throughout all stages of pregnancy and baby loss?

Many employers in the UK are working hard to achieve a workplace culture that is compassionate, inclusive and supportive. Getting this right is proven to positively impact an employee’s mental wellbeing, as well as their performance, commitment and intention to stay with their employer.

Do your policies and practices measure up? 

Navigating the Deeply Emotional and Personal Journey of Pregnancy or Baby Loss

For employees experiencing pregnancy or baby loss, this will be an extremely challenging time. Often employers are not supporting their employees as well as they could – perhaps because it has previously been a hidden subject in the workplace, considered too personal to openly discuss, or that employers and managers fear getting it wrong and treating the matter without the required sensitivity. 

A recent report from CIPD demonstrates that there is a significant gap in workplace support, as evidenced by their latest survey results, leaving almost a quarter of employees considering leaving their job because of their experience in work in relation to pregnancy or baby loss.

How Does Your Organisation Offer Support, and Could You be Doing More?

  • Paid compassionate leave or other special leave? Nearly half of the employees surveyed (46%) said that such leave was/would have been beneficial. However, whilst paid compassionate leave may seem an obvious option for employees who have experienced pregnancy or baby loss, the new research shows that only 25% of employees received paid compassionate leave or other special leave in addition to any statutory entitlement such as sick pay.
  • A formal policy to support employees experiencing pregnancy or baby loss? Only one in three employers have a formal policy, to help employees and employers navigate this.
  • Understanding from your managers? 60% of employees who experienced pregnancy or baby loss felt their managers failed to show understanding. Of those, 70% agreed that understanding and support from their manager(s) would have been beneficial. This may be a training need for your managers, to upskill them and give them greater confidence in handling tricky or sensitive conversations.
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  • An open and supportive climate, where employees can talk about sensitive issues like pregnancy or baby loss? Only a quarter of the senior HR professionals and decision makers surveyed said that their organisation encourages a supportive, open culture to facilitate sensitive topics like these being discussed. Perhaps reflect on whether you could be doing more to build and maintain a supportive environment for your staff.
  • Paid time off to attend appointments? This was identified by employees as one of the top three forms of employer support which would have been most helpful to employees experiencing loss (alongside paid compassionate leave, and understanding from managers).

Pregnancy and baby loss affects people across the UK every day, and the impact is felt not only by the grieving mother, but also by their partner and their family members, including for example the potential grandparents who may be supporting their adult children through associated surgical procedures and the grief process, whilst of course also grieving themselves.

Please contact Jo Bradbury in our team on 07570 372118, if you would like to explore how we can help your organisation ensure an approach which is underpinned by the principles of flexibility, empathy and inclusivity.

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. 

International Men’s Day: How Are You Supporting Men’s Health in the Workplace?

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19 November is International Men’s day and it takes place during the ever popular ‘Movember’. But amidst critiquing the varying successes of moustache-growing, it’s important to also take time to consider the importance of men’s health.

Why Is Men’s Health Important?

The statistics on men’s health speak for themselves – men account for three-quarters of premature deaths from heart disease, are twice as likely to die from drug or alcohol abuse and three times more likely to die from suicide. 

Men are less likely to access psychological therapy compared to women, with men accounting for only 36% of referrals to NHS talking therapies. Research shows that men are more likely to turn to harmful coping mechanisms, such as using alcohol or drugs to cope. When talking about their mental health, one in three men attributed this to their work, according to research carried out by Mind in 2017. 

Whilst the focus on wellbeing and in particular mental health has increased within society and many organisations, why is it that men often face health challenges alone? This can in part be explained by the traditional expectations of what masculinity is – being strong and keeping it together and perhaps a dogged determination to ‘man up’ rather than face health issues. 

It could also be due to a lack of resources and support targeted specifically at men. If we think about men’s engagement with health services, in a man’s life time there are few touch points that offer men the opportunity to look at and discuss their own physical and mental health. So they may not be able to spot any concerns in the first place and when they do, they may not know how to seek help. 

What Can Businesses Do to Help?

As with any health issues, raising awareness is fundamental in facilitating change. Research by the charity Samaritans, found that both language and content of any awareness initiatives needs to be specific for men to actively engage. Running campaigns to highlight men’s health concerns – heart disease, prostate and testicular cancers as well as mental health issues such as depression and suicide. 

Train your line managers to hold wellbeing conversations. Research carried out by CIPD has found out that only 29% of managers feel confident in being able to spot signs of mental ill health. Likewise when discussing taboo subjects on men’s health, it can be hard for both manager and employee to feel comfortable to open up. 

With one in eight men experiencing some poor mental health at any time, it’s important that managers are able to consider the possible life experiences that may be affecting men at work – becoming a father, bereavement, relationship breakdowns. Managers need to have the skills to open up that conversation, not rush to provide a solution but ask the right questions and most important of all, provide space and time to listen to the individual.

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Create safe spaces to have vulnerable conversations and permission to open up without being perceived as a weakness. Those safe spaces are across the whole organisation not just with line managers, so this is about ensuring that all employees have an appreciation of likely health issues and can play their part in spotting the signs and supporting colleagues.

Signposting to resources and support. Many organisations may have an employee assistance programme which can offer targeted support for men’s health. Likewise there are external organisations that can help. Sometimes this just isn’t obvious for men who may be having physical or mental concerns. So organisations need to clearly signpost and direct men to those services that can help.

We have come a long way in regards to focusing on health and wellbeing at work for all employees, but on this International Men’s day we should take the time to drive that conversation forward. By talking about the issues and trends in men’s physical and mental health, we can encourage more men to be open about their feelings and access support.

For specialist HR support with any of these issues, or for how you can support International Men’s Day, please contact Sue Meehan Boyes in our team on 07384 468797.

World Menopause Day – Improve Employee Awareness, Wellbeing and Support

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18 October is World Menopause Day, a day focusing on menopause, aiming to raise awareness about menopause and improve health and wellbeing for women around the world.

We look at how it might be impacting your workplace and what you can do to support your employees.

What Is Menopause?

The menopause is when a woman stops having periods, as a natural part of ageing, and it usually happens between 45-55 years of age. What is less known and understood is the stage leading up to menopause, known as the perimenopause.

The perimenopause refers to the time during which the female body makes the natural transition to menopause. Many women start to experience symptoms to greater or lesser degrees. Similarly this stage itself can vary in length – it can often last for four to five years, although for some women it may continue for many more years or for others last just a few months.

How Does Menopause Affect Women in the Workplace?

In 2021, there were 15.5 million women in the UK workplace. Of those, around a fifth were over 50. In the UK, the average age for a woman to go through menopause is 51, however around one in a 100 women experience menopause before age 40. This is a normal process for a large section of your workplace.

The variety of symptoms experienced range from hot flushes, night sweats, low mood, poor memory, insomnia, anxiety/panic attacks, headaches, fatigue to joint pains and palpitations. These can be debilitating in any context, but their impact can be amplified for an employee at work.

According to recent CIPD research, 59% working women with menopause symptoms have said that it has a negative impact on them at work. 30% said they had been unable to go into work because of their symptoms, but only a quarter of them felt able to tell their manager the real reason for their absence.

How Can You Support Your Employees at Work?

The varying durations and symptoms of both perimenopause and menopause can make identifying appropriate support strategies difficult for employers. Some women also may not identify the symptoms they are experiencing as being linked to the menopause so may not ask for support.

It is certainly true that menopause has become a more widely discussed topic in recent years – thanks to greater media interest, government focus and shared celebrity experiences. However it remains for many people a subject they may find difficult to talk about.

As an employer you can support by:

  • Increasing awareness amongst all staff. Create an open, encouraging environment where people feel comfortable discussing their concerns and supported by line managers and colleagues alike. Consider running awareness campaigns.
  • Treating menopause in same way as you would any absence with appropriate sickness absence management procedures.
  • Discussing possible adjustments for employees experiencing menopause related to their specific symptoms such as flexible start/finish times, adjustable temperature control, quieter workspaces etc.
  • Developing a menopause policy to outline what support is available to staff.
  • Training your line managers specifically on dealing with menopause issues, so they are able to handle any discussions sensitively and professionally.

As the workforce demographic continues to change, this issue will become more and more important to businesses. Employers who act now to raise awareness across all staff and to implement appropriate support mechanisms for employees experiencing the menopause, will be well placed to deal with any future challenges.

Narrow Quay HR can help you in identifying what support would be useful for your business – whether it’s creating a menopause policy, running awareness campaigns or training sessions for line managers.

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

How Can You Celebrate Black History Month in Your Workplace?

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As we come together to celebrate Black History Month in October 2022 we should take time to consider the theme this year: ‘Time for Action: Not words’.

Black History Month celebrates the continued achievements and contributions of black people to the UK and around the world. The focus now is on the present and future by shining a spotlight on those using the platform to push for change.

The Black History Month website stated when launching the theme for 2022, ‘whilst we can acknowledge and learn from the past, we need to strive to protect the future through taking action by coming together around a shared common goal, to achieve a better world for everyone.’

What’s happening in your workplace?

There are lots of ideas and initiatives that employers can implement. Below we have collated a few ideas.

Volunteer with Black-Led Charities

Consider team volunteering for Black-led charities and non-profit organisations. This is a great way to help the Black community while also making a significant difference.

Reflect on Your Internal Diversity & Inclusion Efforts

Reflect on your own D&I efforts. Are you promoting diversity as an organisation? How are you fostering inclusivity in your workplace? Are there areas of your business that can be made more inclusive such as your recruitment process or your management staff? Speak to your employees and see if they’re willing to share how they think you could improve as an organisation.

Celebrate Black Literature

You can promote classic and contemporary Black authors and their remarkable works. You could perhaps select some books written by Black authors and host a company-wide book reading event.

  • Beloved by Toni Morrison
  • The Color Purple by Alice Walker
  • I Know Why The Caged Birds Sing by Maya Angelou (Autobiography)
  • Things Fall Apart by Chinua Achebe
  • Their Eyes Were Watching God by Zora Neale Hurston

Bring In Speakers and Create a Space for People to Listen and Share

Many companies celebrate Black History Month by bringing in speakers to share stories and experiences around race and Black identity. Promoting diverse voices creates a space for inclusion, understanding, and empathy. Involve people and open up the conversation to anyone who wants to participate by sending out a company-wide email asking for speaker and topic suggestions.

This kind of programming can take on many formats, from panel discussions to round tables to workshops. Choose the topic beforehand, and let people know what to expect so they can feel prepared to share and ask questions.

Other Useful Resources

Check out the below blogs for some further ideas on how you can celebrate this month:

For any further support or guidance, please get in touch with Helen Couchman in our team on 07799 901 669.

Do You Know How Narrow Quay HR Can Help You and Your Organisation?

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Our team are delighted to offer a wide variety of flexible and practice HR services to our clients. Don’t miss our list of HR services below, designed to suit your needs, whether you need support with  particular issues or day-to-day support.

If you’d like more information on any of these services, please get in touch with us free today and we’d be happy to chat with you.

Workplace Investigations

High quality workplace investigations are one of the flagship services we offer. Our highly experienced investigators regularly carry out complex and sensitive workplace investigations into grievances, disciplinary allegations and complaints. We can provide an impartial investigator and ensure that investigations are carried out effectively, thoroughly and with minimal disruption.

Find out more about investigations.

HR Solutions and Retainers

If you’re looking for cost-effective and flexible HR support, we provide a range of retainer options for businesses, schools and charities. Our team of experienced HR consultants offer expert advice and are all either former employment lawyers who now specialise in HR, or highly experienced HR consultants.

Whether you need a monthly retainer contract to remove the burden of managing day-to-day HR issues, or simply want a trusted expert to use as a sounding board on a regular basis, we offer flexible and practical options to suit the needs of your organisation.

Find out more about retainers.

HR Outsourcing

Need additional HR support for some of your projects? Perhaps you are planning a consultation exercise, want to carry out a culture review, look at your pay structure or need support for a panel with a hearing. We can provide onsite support to provide you with additional capacity or expert advice and guidance. We can work alongside your senior leaders to provide strategic support or can take your projects off your hands and run the processes for you.

Find out more about outsourcing.

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Training

Narrow Quay HR can provide a range of flexible and bespoke training for your organisation. Training can be provided remotely online or in person. Our experienced consultants have well-grounded knowledge and expertise on a variety of topics, and always ensure training sessions are engaging, interactive and focus on lots of practical scenarios.

We regularly provide training to help to upskill your line managers, focusing on practical scenarios and using our specialist knowledge and experience. We also provide a short eLearning course for line managers.

Find out more about training

Mediation

If you have workplace conflict, mediation can provide an effective and confidential solution for those involved. Our qualified mediators are impartial and professional. The process is flexible and can be used part way through a formal process or as an alternative to using a formal process. It can provide a cost effective solution to workplace conflict.

Find out more about mediation.

HR Audit and Employment Documents 

We can carry out an audit of your current HR practices and procedures to identify gaps, check compliance and suggests areas of focus. We can provide you with up to date and maintained tailored employment documentation, including employment contracts, freelancer agreements and employment policies – all on the basis of agreed fixed fees.

Find out more about HR audits.

If you would like to enquire about any of our services and how we can help you, please see more details on our website, or contact Caitlin Anniss in our team on 07909 683 938

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When It All Kicks Off – Is Supporting a Football Team Considered a Philosophical Belief?

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You may have seen a recent Tribunal case involving Mr McClung – a subcontractor, and importantly for this Tribunal case, a lifelong Glasgow Rangers fan. He alleged that a manager, who was a Celtic fan, did not offer him later work due to his support of the rival Glasgow team.

What’s Considered a ‘Philosophical Belief’?

This is not the first time I have heard similar tales, and not just in Tribunal judgments. In Bob Mortimer’s brilliant autobiography, ‘And Away’, he wrote about his time in a chicken abattoir/processing plant. He was wearing the shirt of his beloved Middlesbrough and was given the worst job in the plant (it’s too stomach churning to go into the details) because his manager was a supporter of a local rival. This sort of thing does happen.

Mr McClung claimed that his support of Rangers was so strong and such an intrinsic part of his existence that it was akin to a philosophical belief. To meet the ‘philosophical belief’ threshold, a person’s belief must be:

  • genuinely held
  • not an opinion or viewpoint
  • must be a substantial aspect of human life and behaviour
  • must have a certain level of cogency, seriousness, cohesion and importance
  • must be worthy of respect in a democratic society and must not conflict with the fundamental rights of others

The Tribunal found Mr McClung met the first test but not the others.

I am not sure I agree with this decision, Mr McClung told the tribunal hearing that supporting Rangers is a way of life and it was as important to him as it was for Christians to attend church. I think there was probably an element of the Tribunal not wanting to open the floodgates to other similar claims.

Resolving Differences in Opinion

Importantly, just because his passion for Rangers has been found to technically not amount to a protected characteristic, it is still worth considering what the company could have done differently.

If it did identify that there was tension between a manager and subcontractor would it not have been better to try to get them to work together and to put aside any differences? You don’t necessarily need them to be best friends, just to be able to work together. These things can be achieved.

If the company had taken steps to manage the conflict it could have meant that the two people could have carried on working together and avoided a time consuming and expensive Tribunal claim. No doubt both sides would have paid their own legal costs and so the company’s ‘victory’ would still have come at a substantial cost. That might all have been avoided with better, more proactive management of this situation.

For specialist HR support with managing conflict in the workplace, please get in touch with Simon Martin on 07384 813076 in our team.