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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

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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.

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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.

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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.

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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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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.

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Now and again, we get an employment law decision from the Supreme Court that is very important. When this happens employers need to sit up and take note.

The decision in Harpur Trust v Brazel is one of the those decisions, particularly for our clients in the education sector and also for those in the hospitality sector.

In terms of the legal implications of the decision, we can’t put it any better than Simon Bevan, employment partner at VWV, has in this excellent article and we would urge you to review this if you haven’t done so already.

I Think We’re Impacted, What Next?

If you employ part-year and irregular hours workers and retain them on a year round basis, then you may well be impacted and you’ll need to take the time to work through the questions that Simon identifies. This may not be straightforward and you will not be alone in seeking some specialist assistance with this. Do get in touch and we can help support and signpost you.

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While We Work This Out, What Should We Say to Staff?

You might be getting questions from staff and if this is the case, it may be prudent to issue a holding communication to say that you are aware of the judgment and are considering it.

Alternatively, you might decide to hold off with any communications until you’ve had an opportunity to consider the implications and decide on how you want to address matters such as your contractual arrangements and any backpay due to staff.

Whichever route you choose, we would urge you to tackle this issue head on as it’s not something that it going to go away and proactively tackling it will help you to manage your costs and budget in the longer term.

For specialist support with the impact of this judgment on your organisation, please contact Sarah Martin in our team on 07799 136091.

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Tune in to our free virtual HR club webinar – Managing menopause in the workplace

Date: Wednesday 14 September 2022

Time: 9.00am – 10.00am

Type: Virtual Online Event

Cost: Free

In this informal session, Lead HR Consultant Caitlin Anniss from Narrow Quay HR and Jessica Scott-Dye, Employment lawyer from VWV, will talk through the issues that can arise in connection with managing employees who are going through the menopause in the workplace. The menopause and its impact on work is highly topical at the moment and has prompted employers to consider what they do within their workplace on this topic. 
 
We will use case studies to highlight the key legal and day to day issues involved and provide practical ways for HR professionals to deal with them.

The session will be conducted virtually but we will use polls and the chat function to make the session as interactive as possible.

Speaker:  Caitlin Anniss & Jessica Scott-Dye

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

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As long COVID has recently been ruled as a disability, we consider the implications for your workplace sickness management processes. 

Although we are approaching two and a half years since the pandemic hit the UK and living and working with COVID has become routine and common-place, long COVID remains a relatively new condition, with its effects still being properly researched. For employers this is likely to be a cause for concern, given the potential impact on the workforce.

In research conducted by the Chartered Institute for Personnel and Development (CIPD) and Simplyhealth at the beginning of 2022, 46% of surveyed organisations had employees who have experienced long COVID in the last 12 months. Whilst this number will continue to fluctuate, it is potentially a significant number of employees who will be trying to work whilst coping with long COVID symptoms. 

There is an expectation that more long COVID cases will come to tribunals, following the recent preliminary ruling in a Scottish tribunal case that long COVID did meet the definition of disability.  

What Is long COVID?

It is described as the persistence or development of symptoms attributed to COVID-19, lasting more than twelve weeks after initial infection. 

Common symptoms include: 

  • extreme tiredness, difficulty sleeping
  • shortness of breath
  • chest pain or tightness, heart palpitations
  • problems with memory and concentration
  • dizziness
  • joint pain, pins and needles
  • depression and anxiety
  • tinnitus, earaches
  • nausea, stomach aches diarrhoea
  • loss of appetite
  • a high temperature
  • cough, sore throat
  • headaches
  • changes to sense of smell or taste
  • rashes

People can experience the effects of long COVID for weeks, months and even years. Symptoms can come and go over time, sometimes getting better and sometimes getting worse. This means it can affect someone’s ability to work and/or cause them to have higher rates of absence.    

With the potential to last beyond twelve months and to have an adverse effect on day-to-day activities, this is where the question of disability comes in. Long COVID has been found to more severely affect older people, ethnic minorities and women.

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Effective Steps for Employers

With inconsistent performance and increasing absence, it’s easy to see how an escalation to capability processes could happen for an employee suffering with long COVID. 

As with any complex sickness issue, it’s important to seek expert medical advice before rushing into a management decision. This is where an occupational health referral can really help but ensure that you ask the right questions:

  • Is there an underlying medical condition?
  • How might it affect the individual’s performance of their duties?
  • What reasonable adjustments could be made in the short or long term? 
  • Whether or not the individual is likely to be covered by the Equality Act?

For this last question, the advice may not always be conclusive but the focus here should not be on determining whether an employee’s condition is a disability, but on getting them back to working at their best. This is where the reasonable adjustments – such as changes to hours and responsibilities, place of work – can really help.  

An Individual Response

With individuals being affected in different ways by a vast array of possibly fluctuating symptoms, a ‘one size fits all’ approach to absence management is unlikely to be possible. It’s therefore important to look at each case individually.

As well as considering and discussing any occupational health recommendations, employers should engage with individuals directly to understand what support they need during any absence and in their return. 

Ensure regular meetings – both during their absence and once they return to work – to provide an opportunity for them to raise any concerns they may have. Checking in regularly upon their return will not only provide positive dialogue and focus on their wellbeing but will also allow you to table any concerns re. workload and productivity early. Along with any adjustments this will demonstrate the support put in place by an employer.

What Else Can Employers Do?

Review existing absence management policies for employees with long term health conditions to ensure these are flexible to respond appropriately. Policies provide guidance but it may be necessary to tailor these to individual situations, for example considering the viability to revise absence thresholds. 

Utilise occupational health assessments as appropriate to discuss how and when an employee can return and what reasonable adjustments can be put in place to support their return, such as hybrid working, flexible hours, adjustment to responsibilities.

Consider refresher training for line managers on absence management processes, in particular the  use of occupational health referrals. Don’t assume your managers are confident in dealing with these situations as some may have had little or no experience of them and may be anxious about getting it right.

Similarly, you might want to provide awareness training for managers to increase their understanding of long COVID and its potential impact on employees and linking this up with absence management processes.

Looking Ahead

The number of people experiencing ongoing symptoms following a COVID-19 infection will likely increase over the coming months and years, and with that a possible increase in unfair dismissal claims. The argument for proactively supporting individuals to return to, and remain at, work is therefore strong. 

How employers deal with such cases could impact not only dismissal claims, productivity, recruitment and training costs of replacing exiting employees but also employee engagement. With competition fierce for skilled employees, employers who demonstrate supportive and positive management of employee wellbeing, including long COVID, will have a better chance of managing turnover and retaining employees.

If you have any questions about absence management, occupational health referrals or other HR queries, please contact Sue Meehan Boyes in our team on 07384 468797.

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The Great Resignation describes the large numbers of workers who were reportedly leaving their jobs, or thinking about it, during 2021. 

Some evidence suggests that this is still evident into 2022 – according to Microsoft’s 2022 Work Trend Index 43% of employees surveyed said that they were considering changing jobs within the next year.

People Management also report data gathered by Owl Labs which suggests that one in four UK workers are currently looking for a new role. (People Management, June 2022).

Why Is There a Great Resignation?

For many workers, the pandemic provided an opportunity to reassess their work and life priorities and perhaps prompted a change in mindset – leading them to a career move, a shift to home based work, or perhaps an earlier retirement than anticipated.  

Some workers had time away from work on furlough, perhaps giving them time to consider future career moves. Certainly a move to home working, for some, will have prompted thoughts about different work options which may not have appeared possible in the pre pandemic world. The pandemic may also have led people to reassess what it is most important to them and to consider how they want to spend their time.

What Is the Impact on Employers? 

With large numbers of staff apparently considering a job change or career move, it is more important than ever to think about the retention and employee engagement of your key staff. This is particularly important at a time when recruiting staff can be extremely difficult.

There are some things that you could consider in your workplace:

  • Can you offer flexible working? Not all employers can offer remote working or flexible hours but think about what you can offer to make working for your organisation more attractive.
  • Look carefully at your benefits package. Aside from pay, which will be high on the agenda for many workers at present, what other benefits can you offer that are appealing to staff? Extra holidays, well-being initiatives and health insurance may be attractive.
  • Look at your workplace culture and take steps to promote a positive workplace environment. Think about what your values are and embed them within your workplace.
  • Consider a focus on internal mobility within your organisation. This is often an area which is not a key focus within organisations, with People Management reporting that 70% of HR professionals do not have a clear strategy on internal mobility within their organisation.
  • Consider how effectively you use your professional development processes. Could you focus more on career development for your staff, or perhaps introduce mentoring or coaching schemes?
  • Look at how well you advertise internal vacancies to your existing staff.

We’re Here to Support You

The Narrow Quay HR team can work with you to improve your retention rates and look at your employee engagement by analysing your pay and benefits package, reviewing your workplace culture and helping to embed your core values within your workplace, and working with you to develop a focus on internal mobility.  

For more information on how we can support your organisation, please contact Caitlin Anniss in our team on 07909 683 938.