Tag Archive for: hr

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.

Conflict at Work? Workplace Mediation Could Save Your Organisation Thousands

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Surprising statistics in a recent ACAS report estimated that workplace conflict cost organisations £2.85 billion in 2021. Workplace mediation is becoming increasingly popular as a more efficient, cost-effective alternative to formal legal proceedings.

The Cost of Workplace Conflict

The ACAS report ‘Estimating the costs of workplace conflict’ was published in May 2021. The analysis was provided by Professor Richard Suandry of the University of Sheffield Management School and Professor Peter Urwin of the Centre for Employment Research, University of Westminster. 

The headline statistics were a wake-up call. 

  • The cost of conflict to organisations was estimated at £2.85 billion, averaging out across employees this equates to more than £1,000 each. 
  • Close to 10 million people experienced conflict at work – of those over half suffered stress, anxiety and depression as a result.
  • Just under 900,000 took time off work – nearly half a million resigned and more than 300,000 employees were dismissed.

This analysis was based on 2018-19, impacted by #MeToo and BLM, but pre-COVID, which has further changed the landscape of work and employee expectations, as socio-political aspects of society that impact the workplace. It is anticipated that the cost of living crisis and summer of discontent will also impact more localised conflict.

Workplace Mediation Is Restorative and Cost-Effective

There is a growing demand for a restorative justice approach. This is where workplace mediation is most useful – as an informal and early intervention, with a no blame and win-win approach and ideally before the conflict becomes too entrenched and toxic. 

The role of the mediator in workplace mediation is to provide confidential, impartial and non-judgemental support to all parties. The mediator will foster a safe and constructive environment with open and honest dialogue to explore issues, with an aim to encourage participants to shift away from their adopted positions. The mediator will not direct or provide solutions – they come from the participants themselves, and own the outcomes.

How Does Mediation Work?

Workplace mediation usually takes place over a day, with some pre-planning and information for the participants, so they know what to expect. The individuals that take part must do so willingly, otherwise mediation will not work. 

The individuals involved are helped to articulate what the issue is, and to be heard (each individual has uninterrupted time when they are brought together). It is an opportunity to explore feelings and needs, to share hurt, which is rare in the workplace. Each participant is heard. Everyone engages equitably. 

The mediator will help all parties to generate and evaluate opportunities for future working. An agreement reached at the end can be useful, often just having the facilitated conversation can be enough to become unstuck and gain some movement and clarity.

Mediation can be used as an early intervention and an alternative to formal processes. It can be used part way through a formal process that will be paused, it can also be an outcome from a formal process It should not be used where there is a large imbalance of power, for bullying and harassment cases or where a formal disciplinary or grievance process is required.

Not all conflict is bad, conflict can be creative and help find solutions.

Narrow Quay HR offer a workplace mediation service. Our team of accredited mediators will be expanding in the autumn.  We offer an initial free of charge meeting to explore if mediation would be helpful.

For more information or support, please get in touch with Sarah Carrington in our team today on 07918 451 453.

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.

Rising Prices and Risk of Recession – How Can You Be Prepared?

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The Bank of England’s warning of a ‘sharp economic slowdown’ has sparked further fears that the UK could be plunged into recession.

The Government’s announcement of a review into how it can best support a thriving future UK labour market is welcome news, but with the two stage review taking place over spring and summer, will that support come quick enough?

As the UK continues to see a contraction across all sectors of the economy, we consider what steps employers should take regarding its staffing, to deal with the impact of a downturn.

Review Future Plans

It is important to look ahead to commitments you’ve made to establish if they are critical, and if they are, whether or not they can be deferred until you have some certainty.

For your employees this might mean reviewing training activities to ensure future relevance, and staffing plans, considering whether a recruitment freeze is an option.

Employers do need to ensure though that they consider how they will not only weather a recession but also respond in the aftermath – halting all training and recruitment may mean you’re not skilled and fully resourced to respond to future challenges.

Talk to Your Employees

It’s a balancing act for employers to ensure they keep employees appropriately updated on business plans, but without creating alarm and seeing your key staff jump ship. Key to this is relevant and meaningful communication.

You may not have all the answers or any fully formed plans, but communicating that it is on your radar and that you will share information when you can will help to gain trust and provide reassurance. It may encourage employees to review and consider their personal circumstances and avoid over committing. It can also provide clarity if you do decide to take steps such as putting training or recruitment on hold, avoiding your staff feeling even more frustrated and concerned. 

Follow a Fair Process

In the unfortunate event that redundancies are necessary, ensure that you follow a fair process to facilitate genuine and meaningful consultation that is sensitive and respectful to those affected. If you’ve communicated about your business plans appropriately, it should help staff to see this response is less of a knee-jerk reaction.

You need to prepare in order to run a process smoothly – use the time now to get clarity on your staffing numbers and commitments, making sure to consider all staff who may need to be involved such as fixed term contractors and temporary staff. 

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

More Companies Offer Mental Health Day Holidays for Employees

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In light of the challenges of the pandemic and as part of an ongoing commitment to employee wellbeing, Thomson Reuters has introduced two annual company mental health day holidays, commencing in 2022.

On those days, Thomson Reuters encourages employees to ‘use the time off with intention and do something that gives the day meaning to them’.

This poses a question for organisations who share this increased focus on employee wellbeing. Are they also willing to implement such policies?

Why Invest in Employee Wellbeing?

There is now a much broader understanding and application of holistic health and wellbeing approaches in many workplaces. It is also clear that some companies are not yet embracing the health and wellbeing agenda to full effect.

Investing in employee wellbeing can lead to increased resilience, better employee engagement, reduced sickness absence and higher performance and productivity. To gain real benefit, employee wellbeing priorities must be integrated throughout an organisation, embedded in its culture, leadership and people management.

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Rising Mental Health Concerns

There has been a rise in the number of reported mental health issues over the past 10 years and it’s well recognised that in many cases the main risks to people’s health at work are psychological. This has led to a growing recognition of the need for employee wellbeing practices to address to psychological, as well as physical, aspects of health and wellbeing.

CIPD’s 2022 Health and Wellbeing at Work survey report show that organisations’ wellbeing activity is increasingly focused on mental health, with most organisations taking steps to support mental health and address workplace stress.

The survey also found evidence of a range of unhealthy working practices such as ‘presenteeism’ (people working when unwell), with 81% of organisations reporting presenteeism among people working from home and 65% in a physical workplace. Two thirds (67%) have also observed some form of ‘leavism’, such as using holiday entitlement when unwell or to work, over the past 12 months.

Looking Beyond the Statistics

There is still a lot of work to be done to ensure all workplaces are giving this topic the time and attention it deserves. Employers need to look beyond absence statistics to understand the underlying factors, such as unmanageable workloads, that are driving unhealthy working practices and influencing people’s wellbeing.

Your organisation may wish to support its wellbeing agenda through new initiatives such as additional wellbeing days for its employees, to demonstrate this driving focus on supporting them through the ever-evolving challenge of balancing work and life pressures.

For specialist support with these issues or for advice in implementing any new initiatives, please get in touch with Sarah Martin in our team on 07799 136 091.

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.

Why Staff Training Is Often More Effective than Behavioural Policies

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In our many investigations into misconduct and harassment allegations, a regular issue is when a colleague makes comments about another colleague’s appearance. 

Those remarks are often intended to be complimentary but can make the recipient of those remarks to feel ‘othered’.

This is a word that we are increasingly seeing in our interviews and it raises an interesting point.

Compliment or Criticism?

If a male manager comments regularly on how a female colleagues is dressed, their hair, or whether they have lost weight, that manager may well say that they intended it to be received as a positive thing.

However, if the manager doesn’t also comment on any male colleagues’ appearance then there is real risk that the female recipients of his comments could feel singled out, embarrassed or offended, particularly if the comments are made in front of a group of other people.

We recently did an investigation where something similar to the above happened. Whilst the comment in question was intended to be a compliment, in the mind of the recipient it merely served to highlight how something about her appearance was different to all of the other colleagues present.

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What Are the Limitations of Behavioural Policies?

These examples show the limits of policies, as it is very difficult to draft a policy that covers every eventuality. Who would have thought for instance that you would need to specifically deal with looking at pornography whilst sat in the House of Commons?

If you do try to cover every possible eventuality in a policy then you will soon find that the policy will become very long and unwieldy and it will probably put a lot of employees off from reading it.  

Experience also says that as soon as you finish a policy like that and press print or post it on your intranet, then you’ll want to add to it – it will never stop growing.

What’s a Better Approach?

In a word: training. You should train your staff on the approach you want them to take, giving them examples of the sort of conduct mentioned above. You should then ask them to reflect on how it would make them feel if a colleague commented just on their appearance on a regular basis.

We tend to find that taking that approach and getting the delegates to consider the impact of certain behaviours can result in longer lasting changes in behaviours. Those changes will be much more effective than simply handing them a lengthy policy and asking them to read and digest it.

Narrow Quay HR delivers training on these types of issues. For further information about our training, please contact Simon Martin in our team on 07384 813 076 to find out more.

Sexual Harassment is a Workplace Issue – How Can You Promote Zero Tolerance?

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CIPD research in 2020 found that 4% of employees reported being sexually harassed within the last three years, with younger women most likely to be impacted.

What Is Sexual Harassment?

Harassment is defined in the Equality Act 2010 as ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.’

Sexual harassment is unwanted behaviour of a sexual nature. This could include inappropriate touching, sexual jokes, sending emails or messages of a sexual nature or displaying pornographic material.

What Are the Duties of Employers?

Employers have a duty to protect their workers and can be held liable for acts of sexual harassment in the workplace if it is found that they have not taken reasonable steps to prevent it.

 The Equality and Human Rights Commission (EHRC) have produced a helpful guide for employers on preventing sexual harassment at work, and has other helpful information on their website for employers.

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Action Plan for Employers

In late April, the EHRC produced an action plan and checklist for employers in the UK working in the hospitality sector, to help ensure that staff are protected from sexual harassment at work.

This follows a report that more than 50% of women and two thirds of LBGT people reported sexual harassment in the sector. Although the guide has been developed with the hospitality sector in mind, it can be adapted to suit different workplaces and sectors.

The action plan includes helpful templates which can be used by employers, including:

  • a practical checklist to support employers considering issues such as how to communicate a culture of zero tolerance to staff, how to change the working environment and how to assess working practices – the checklist can be adapted to suit different workplaces
  • an action plan to record what action is needed in a workplace
  • monitoring logs to record action taken

How Can You Prevent Sexual Harassment in Your Workplace?

  • Review your training provided to managers and staff on sexual harassment in the workplace. Have you provided any? How recently? Training is a good opportunity to communicate the culture of the workplace and set the standards you expect and to help equip managers to deal with concerns raised with them by employees.
  • Ensure your policies and procedures are up-to-date.
  • Promote a zero tolerance culture.
  • Consider how complaints are dealt with in your organisation and ensure that this is effective and that staff feel confident coming forwards.
  • Monitor complaints that arise for any trends and follow up.

Narrrow Quay HR can work with you to put into action the points set out above and work with your organisation to address sexual harassment. Please contact Caitlin Anniss in our team on 07909 683938.