Tag Archive for: workplace

Men’s Health Awareness

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I imagine many of you reading this article can’t quite believe it’s December already. I had a similar experience earlier this month, when Number One Son walked in displaying a moustache that Tom Selleck would have been proud of (early 80’s reference for fans of Magnum PI!). 

The reason for my surprise was not the arrival of facial hair on said-son’s face – it has been there for some time, all be it in a less-coiffured state. It was more that I had not realised it was ‘Movember-time’. Normally the arrival of this men’s health campaign is accompanied by a procession of a myriad of facial manifestations.  Whether it’s loved ones, friends, work colleagues or the milkman – moustache-marvels are usually evident everywhere!

So as I prepared to write this article on men’s health, it got me wondering – had I missed the campaign or could it be that men’s health is no longer an issue of interest?  Certainly, the evidence on men’s health is more compelling than ever and the statistics make for a sobering read.  A recent report by the Movember Institute of Men’s Health reported that a boy born in 2021 can expect to live 4 years less than a girl; 39% of UK men die prematurely before they are 75 years old; and suicide remains the leading cause of death among men aged 20-34 years, with the suicide rate was three times higher for men than for women. So the evidence suggest men’s health is most definitely still a matter for concern.

Support for men’s health

To reassure you, the ‘Movember’ campaign is as alive as ever and continues its work on raising awareness of men’s health as evidenced, not only by its annual Movember campaign, but also by its recent report mentioned above.  Other organisations focussing on men’s health include: MANUP?, Men’s Health Forum and Andy’s Man Club.  The increasing importance the work of such organisations was evidenced this year when the founder of Andy’s Man Club, Luke Ambler, was awarded the University of Bradford’s Outstanding Contribution Award recognising his work in raising awareness and support for men’s mental health.

What can employers do?

Given many of us spend a large proportion of our time working, it is logical that we look to our workplaces to continue that focus on men’s health.  Not only from a moral point of view, but it surely makes good business sense to promote the wellbeing of all sectors of the workforce.  Here are some ways you can provide that support men’s health:

  • Increase Awareness: If part of the issue is that men simply aren’t aware of possible health risks, run campaigns that seek to educate about men’s health issues, including the importance of early detection and mental health support.
  • Encourage Open Conversations: Create a safe space, such as a men’s forum, that encourages open discussions about health and well-being and support.
  • Support public initiatives: publicise and support campaigns such as Movember, Men’s Health week (annually in June), and Men’s Health Awareness month (annually in November) and encourage employees to participate.
  • Mental Health Support: signpost employees to any confidential counselling services, helplines, and resources for employees struggling with mental health concerns, whether that’s through a company funded Employee Assistance Programme or via external organisations.
  • Maintain a focus on health and wellbeing: Promote regular health check-ups, encourage employees to stay physically active and achieve a healthy work-life balance.
  • Men’s Health Champion: consider having a men’s health champion that employees can talk to and who can signpost them to support.
  • Lead by Example: Encourage senior management to set an example by taking care of their own health and well-being, demonstrating that it’s not a sign of weakness to seek support when needed.

Conclusion

Men’s health remains an important issue and continues to be highlighted and supported by many campaigns and charities.  Rather like the previously taboo subject of menopause, which is now a more accepted topic both outside and within the workplace, it seems that men’s health is also becoming a more normalised subject of conversation. Whilst Number One Son was very happy to see the end of ‘Movember’ – the attraction of being mostly clean-shaven had most definitely waned by the end of week one – for workplaces and society alike, the focus on prioritising men’s health must continue.  Integrating year-round initiatives with key campaigns such as ‘Movember’ can be a solution.  Ensuring those initiatives have real meaning and senior-level sponsorship will be key to delivering a genuine commitment to improving men’s health at work and ultimately in wider society.

If you would like our support on developing key initiatives on men’s health or more general staff wellbeing concerns, please contact Sue Meehan Boyes in our team on 07384 468797.

Employment Rights Bill

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The Government published the Employment Rights Bill on Thursday 10th October. Here are the key proposed changes you should be aware of, should they become law, there is no firm date yet for when that would happen but it’s likely to be at some point next year:

  1. Unfair Dismissal: Protection from unfair dismissal will now be a ‘day one’ right, eliminating the two-year qualifying period.
  2. Probation periods: The Government will consult on a statutory probation period for new hires, we are expecting either six or nine months.
  3. Zero-Hours Contracts: Those on zero or low hours contracts will have the right to a guaranteed hours contract if they regularly work a defined number of hours.
  4. Fire and Rehire Practices: The Bill will mean that it will be automatically unfair to dismiss an employee for refusing a contract variation. This will be a significant change.
  5. Parental Leave: New rights for paternity, unpaid parental, and bereavement leave will be introduced from day one.
  6. Sick Pay: Statutory sick pay will become a ‘day one’ right, with the removal of the three-day waiting period and the lower earnings limit.
  7. Flexible Working: Flexible working will be strengthened by making it the default where this is ‘practical.’
  8. Protection for Parents: Enhanced protections for pregnant women and new mothers will be implemented, including protection from dismissal during pregnancy and maternity leave.
  9. Minimum Wage: The minimum wage will consider the cost of living, and discriminatory age bands will be removed
  10. Full liability for employers for third party harassment – this would be a significant change.
  11. Protected disclosures (aka whistleblowing) – allegations of sexual harassment will be covered.

The Government has also said that it will publish a ‘Next Steps’ document which will outline future reforms, including:

  1. A ‘right to switch off’ to prevent out-of-hours contact, except in emergencies.
  2. A commitment to tackle pay discrimination by expanding the Equality (Race and Disparity) Bill to mandate large employers to report on ethnicity and disability pay gaps.
  3. A move towards a simpler two-part framework for employment status.
  4. Reviews of parental leave and carers leave systems.

We anticipate you want to consider how you might be impacted by this Bill (should some or all of it become law). We will keep you updated on any further news through our monthly People Spotlight articles so do keep an eye out for them.

For specialist advice on employee wellbeing initiatives and mental health support in the workplace, contact Simon Martin in our team on at 07384 813076.

World Mental Health Day 2024: Prioritising mental health in the workplace

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As burnout rates continue to rise across industries, it has never been more important for organisations to take proactive steps to create healthier and more supportive working environments.

In recognition of this month’s World Mental Health Day and its theme “It is Time to Prioritise Mental Health in the Workplace”, we consider the impact of burnout on employees as well as organisations, the critical importance of placing mental health at the heart of organisational priorities, and outline the key strategies employers can adopt to mitigate and prevent it.

The impact of burnout

Burnout is not just an individual issue – it’s a widespread organisational crisis. Employees who experience burnout often face stress, anxiety, depression and exhaustion. This, in turn, leads to increased absenteeism, presenteeism, disengagement, and higher staff turnover. According to the Chartered Institute of Personnel and Development (CIPD) Health and Wellbeing at Work Survey 2023, mental health issues, including burnout, are one of the leading causes of long-term sickness absence. The average rate of employee absence per year has risen to 7.8 days per year, the highest in over a decade. If left unchecked, burnout not only harms employees’ mental health, but also affects the organisation’s overall efficiency.

Bridging the gap: From impact to solutions

Addressing burnout requires a multi-faceted approach that balances immediate support with long-term cultural change. Organisations that fail to act risk further exacerbating the consequences, while those that take proactive steps can create a healthier, more resilient workforce.  Outlined below are some key strategies for organisations to implement in order to assist with eliminating burnout.

Organisational strategies to eliminate burnout

  1. Set realistic expectations: Unmanageable workloads are a primary driver of burnout. Managers should set clear, achievable goals, redistribute tasks when necessary, and conduct regular reviews of workloads to prevent employees from feeling overwhelmed. Realistic expectations contribute to a healthier and more productive environment.
  2. Foster a supportive culture: Open conversations about mental health are crucial for reducing burnout. Employees should feel safe discussing their stress levels without fear of stigma. Training managers to recognise signs of burnout and providing support while fostering a culture of open dialogue around mental health can significantly reduce risk.
  3. Promote work-life balance: A balanced workload is essential for mental wellbeing. Offering flexible working hours, encouraging regular breaks, and ensuring employees take their vacation time are critical measures to prevent burnout.
  4. Provide mental health resources: Offering access to Employee Assistance Programmes (EAPs), counselling services, and mental health days gives employees vital tools to manage stress before it escalates into burnout. Implementing wellness initiatives and hosting mental health workshops also help to build awareness and resilience.
  5. Encourage autonomy and recognition: Empowering employees with control over their tasks and schedules helps reduce stress and improves job satisfaction. Recognising employee contributions boosts morale and combats emotional exhaustion, helping to prevent burnout from taking root.

Prioritising mental health in the workplace is not just a one-day initiative; it’s a long-term commitment that organisations must embrace all year-round. By taking meaningful steps to address burnout and foster a culture of mental wellbeing, organisations can ensure a more engaged, resilient, and productive workforce.

For specialist advice on employee wellbeing initiatives and mental health support in the workplace, contact Megan Britz in our team on at 07468 698957.

Race & diversity in the workplace – The Bristol Bus Boycott and beyond

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Last month, the West of England branch of the CIPD held an event at the VWV Bristol office, focused on race and diversity in the workplace. The key speaker was the exceptionally inspirational Julz Davis of Curiosity UnLtd, a ‘think-and-do tank’ who aim to “transform Bristol from the 7th worst into the best place to live in the UK for People of Colour”.

The event was themed around the Bristol Bus Boycott of 1963, which is regarded as one of the pivotal moment in the fight against racial discrimination in the UK. It began when local activists became aware that the Bristol Omnibus Company, a state-owned company, had a ‘colour bar’ in place which meant that the company refused to employ Black or Asian bus crews. 

This led to a boycott of the bus company and a series of other protests, with support from the wider community and from the then Bristol Labour MP Tony Benn. The boycott gained significant attention, eventually forcing the bus company to reverse its policy, and highlighted the need for legislative change to address widespread racial inequality.

The protests played an influential role in the development of the Race Relations Act 1965, the first piece of legislation in the UK to address racial discrimination. While the Act initially only focused on discrimination in public spaces, it laid the groundwork for future legislation that would tackle racial inequality in more areas of society, including employment. The Race Relations Act 1968 would follow, extending protections to housing and employment, with both Acts sitting at the heart of The Equality Act 2010. 

For employers today, the legacy of the Bristol Bus Boycott remains a crucial reminder of the importance of fostering inclusive workplaces. The world of employment has seen major advancements in ensuring fairness and equality since 1963, but there is still a great deal of work to be done.

On 10th October 2024, the new Government set out its ambitions in this area in the document “Next Steps to Make Work Pay”, which includes reference to the Equality (Race and Disability) Bill. This is intended to include measures such as the right to equal pay for Black, Asian, and ethnic minority individuals, as well as disabled people. This would mean that equal pay claims on the basis of ethnicity or disability would be treated the same as those made by women, and that employers with more than 250 employees would be required to publish ethnicity and disability pay gap reports to reveal any disparities in wages between different groups.

You can find out more about the Bristol Bus Boycott 360 campaign here.

Practical tips for increasing race equality in the workplace

  • Commit to Diversity Goals: Set clear, measurable diversity and inclusion goals, and regularly track progress to ensure accountability.
  • Implement Bias Training: Provide training on unconscious bias and cultural competence for all employees, focusing on how biases can affect decision-making and workplace dynamics.
  • Diversify Recruitment Channels: Expand recruitment efforts to include diverse job boards, community organisations, and colleges to attract a wider range of candidates.
  • Improve Selection Practices: Use structured interviews and standardised evaluation criteria to minimise bias in the hiring process, ensuring all candidates are assessed fairly.
  • Foster an Inclusive Culture: Promote an environment where all employees feel valued and included by celebrating diverse cultures and perspectives through events and initiatives.
  • Provide Mentorship Opportunities: Establish mentorship programmes that connect employees from underrepresented backgrounds with senior leaders to support career development and growth.
  • Regularly Review Policies: Evaluate and revise workplace policies to identify and eliminate practices that may unintentionally disadvantage employees from diverse racial backgrounds.
  • Solicit Feedback and Act on It: Create channels for employees to share their experiences and suggestions regarding race equality, and actively implement changes based on their feedback.

For specialist support on this topic or to discuss any other HR matter, please contact Andrew Miles in our team on 07468 698 975.

Understanding the new Sexual Harassment Prevention Duty

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In recent years, the conversation around workplace culture and employee wellbeing has intensified, particularly regarding the issues of sexual harassment.

On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces new sections into the Equality Act 2010, placing employers under a duty to take ‘reasonable steps’ to prevent the sexual harassment of their employees in the course of their employment.  In this article we outline the key aspects of this new Preventative Duty and the practical steps employers should be taking to ensure compliance.

What is the new duty?

The duty places a proactive responsibility on employers to prevent sexual harassment in the workplace, including a duty to protect workers from harassment (of all types) by third parties such as customers or clients. It outlines that employers are required not only to respond effectively to incidents of harassment but also to take reasonable steps to prevent such incidents from occurring in the first place.

Key features of the duty:

  • Proactive Prevention: Employers must implement policies and training aimed at preventing sexual harassment. 
  • Cultural Assessment: A focus on workplace culture will be essential. Employers are encouraged to regularly assess their workplace environment and practices.
  • Clear Reporting Procedures: There must be clear mechanisms in place for employees to report harassment without fear of retaliation.
  • Accountability: Employers can be held accountable not just for incidents that occur but also for failing to take adequate preventative measures.

Employment tribunals will be able to award an uplift of up to 25% to an employee’s discrimination compensation where they find that there has been a breach of the duty.  Given that compensation awards for harassment claims are uncapped, failing to comply with the new duty could be costly.

Practical steps employers should undertake now

1. Conduct a culture audit

Start with a thorough culture audit to assess the current state of your workplace. This should include:

  • Employee Surveys: Gather anonymous feedback on perceptions of workplace safety, inclusivity, and experiences with harassment.
  • Focus Groups: Conduct focus groups to gain deeper insights into employee concerns and suggestions for improvement.
  • Policy Review: Assess existing policies related to harassment, discrimination, and reporting mechanisms. Ensure they align with the new duty.

2. Risk assessments

Implement risk assessments focused on identifying potential harassment risks specific to your workplace. This includes:

  • Identifying High-Risk Areas: Assess departments or roles where incidents may be more likely to occur, such as those involving power dynamics or close personal interactions.
  • Environmental Factors: Consider workplace layout, social activities, and remote working practices that could contribute to harassment risks.

3. Training and awareness

Develop comprehensive training programmes tailored to your organisation’s needs:

  • Mandatory Training: Ensure all employees, including leadership, undergo training on sexual harassment, focusing on recognising, preventing, and responding to inappropriate behaviour.
  • Regular Refreshers: Establish ongoing training sessions to keep the conversation alive and encourage continuous learning.

4. Enhance reporting mechanisms

Make it easy for employees to report incidents:

  • Anonymous Reporting Options: Consider introducing secure and anonymous channels for reporting harassment, ensuring employees feel safe to speak up.
  • Clear Procedures: Develop and communicate clear procedures for how reports will be handled and the support available to those who come forward.

5. Foster open communication

Create an environment where employees feel empowered to discuss concerns:

  • Regular Check-ins: Encourage managers to conduct regular one-on-one check-ins with their team members to discuss workplace culture and any concerns they may have.
  • Leadership Role: Ensure leaders model appropriate behaviour and promote a zero-tolerance stance on harassment.

6. Monitor and evaluate

Implement a system to monitor the effectiveness of your measures:

  • Regular Reviews: Set up a schedule for regular reviews of harassment policies and procedures, incorporating employee feedback.
  • Incident Tracking: Keep track of reported incidents and responses, using this data to inform future training and policies.

Conclusion

The new Preventative Duty presents both challenges and opportunities for organisations. By taking proactive steps now – conducting audits, implementing robust training programmes and fostering a culture of continuous review and open communication – employers can not only comply with the new legislation but also contribute to a more respectful and inclusive workplace.

If you would like discuss how you can ensure your organisation is compliant with the new duty, or to enquire about our Workplace Culture Strategy Support Package, training courses, or risk assessment templates, please contact Jo Bradbury in our team, on 07570 372118.

The new Growth and Skills Levy and Skills England

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The Government has announced the introduction of a new growth and skills levy to replace the current apprenticeship levy. With the implementation date as yet unknown, we consider what is known so far about the new levy alongside the recent announcement on Skills England, and the implications for employers.

What do we know about the new levy?

The growth and skills levy are likely to have a broader goal than the current apprenticeship levy. It’s focused on funding skills development across the board, not just apprenticeships, and it’s geared towards supporting economic growth by addressing a wider range of training needs in the workforce.

Speaking at the recent Labour annual conference, the Prime Minister said the “new apprenticeships will give young people a route in to careers in critical sectors, enabling them to earn a wage whilst developing skills”, adding “We’ve got to give businesses more flexibility to adapt to real training needs.”

As well as identifying that the focus for funding will be for those at the beginning of their careers, the announcement suggests that apprenticeships for the equivalent of a master’s degree will no longer be funded by the levy.

What are the key differences between the Apprenticeship levy and Growth and Skills levy?

With the apprenticeship levy, any money employers pay in can only be used for apprenticeship training and assessments, which must last at least 12 months. The funds are accessed through an online account, and if you don’t spend the money within two years, it expires. It’s strictly for apprenticeship-related training that leads to qualifications.

The growth and skills levy is more flexible. Employers could use the funds for different types of training, such as leadership courses, reskilling staff for new roles, or more specialised industry training. It will allow funding for shorter apprenticeships, giving learners and employers greater flexibility over their training than under the existing system. The aim is to support growth by filling various skill gaps, not just through apprenticeships.

Skills England

In related news, the Government launched Skills England in July to help identify skills needs. It has suggested there is a very real and pressing need for such a review, reporting that between 2017 and 2022 skills shortages in this country doubled to more than half a million, and now account for 36% of job vacancies.

Speaking about the purpose of Skills England, Education Secretary Bridget Phillipson said it will “jumpstart young people’s careers and galvanise local economies. It will bring businesses together with trade unions, mayors, universities, colleges and training providers to give us a complete picture of skills gaps nationwide, boost growth in all corners of the country and give people the opportunity to get on in life”.  In its first report, published on 24 September 2024, Skills England has assessed working skills across the country and future skills needs and gaps. It has analysed the spread of skills across regions and looked at jobs in high demand and skills needed in key sectors.

What’s next?

The Government has said further detail on the new levy will follow “in due course”.  Skills England says it will ‘engage with stakeholders’ in the autumn of 2024, via round tables and webinars, to test and refine its initial assessment of skills needed. It will also consult employers and other stakeholders about what training the growth and skills levy should fund.

As recruitment budgets come under pressure and skills gaps increase, some organisations could find the new levy provides opportunities for creative ways to manage those resource challenges. 

We will of course keep you up to date with developments. In the meantime, if you would like to discuss this topic further or any other HR matter, please contact Simon Martin in our team on 07384 813 076.

Happiness at work: a key ingredient for productivity, creativity, and overall organisational success

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In the month when we celebrated International Happiness at Work (23 – 27 September), we consider the rationale behind prioritising ’employee happiness’ and suggest actions employers can take to bring it to life in their workplaces.

Why is happiness at work important?

Research has shown that employees who are happy and feel a sense of wellbeing at work tend to be more productive, take fewer sick days, and contribute to a more positive and collaborative work environment. One such piece of research by Oxford University Saïd Business School found a conclusive link between happiness and productivity. In their research of call centre staff, they found that happy employees not only worked faster, making more calls per hour, but also achieved 13% higher sales than their unhappy colleagues. The CIPD and the Harvard Business Review agree and also point to the link between staff happiness and retention and engagement.

The call to action

Acknowledging the importance of happiness at work on its own is not enough. Employers need to take actionable steps to create a more positive and fulfilling working environment. Here are some ways your organisation can make happiness a priority:

  1. Organise Wellbeing Workshops: Host sessions focused on mindfulness, stress management, and work-life balance. Providing employees with tools and techniques to manage their wellbeing can make a significant difference in their daily work experience.
  2. Encourage Open Communication: Create an open forum where employees can share their thoughts and suggestions on how to improve their working environment. You might use online engagement tools, suggestions boxes or just talk to your staff. Whichever mechanisms you choose, listening to and importantly, acting on employee feedback can enhance their sense of belonging and satisfaction.
  3. Recognise and Celebrate Achievements: Recognise and celebrate the achievements of your team members. You might use formal awards, shout-outs, or simple in-person acknowledgments – celebrating success fosters a positive and motivated atmosphere.
  4. Promote Work-Life Balance: As remote and hybrid work models become more prevalent, it’s easier than ever for the lines between work and home life to become blurred. Promote flexible working arrangements or opportunities for additional time off. Encourage positive working practices at all levels to set boundaries, enabling staff to switch off after work hours. Supporting employees in achieving a better work-life balance can reduce burnout and increase overall happiness.
  5. Foster Team Building: Team relationships play a crucial role in creating a happy, productive workforce. Whatever team-building activities you plan, make sure they are both enjoyable and inclusive. Building strong relationships can create a more collaborative, innovative and supportive team. Strong team bonds can also lead to lower employee turnover.
  6. Offer Wellness Initiatives: Consider introducing wellness programmes such as fitness challenges, healthy eating options, or mental health resources. Investing in employee wellbeing demonstrates a commitment to happiness and health.

While International Week of Happiness at Work shines a spotlight on employee wellbeing, creating a culture of happiness and support should be an ongoing effort. Use it as an opportunity to reassess your organisation’s approach to employee happiness and consider if there are ways you can enhance that offering, to embed a culture of joy and wellbeing into the fabric of your organisation. By focusing on wellbeing initiatives, open communication, work-life balance, team building and recognition, you can create a culture where employees feel happy, valued, and motivated to succeed, for themselves and for your organisation.

For specialist advice on how you can create and sustain a positive workplace culture, contact Megan Britz in our team on 07468 698957.

Enhancing employee wellbeing: Practical steps for employers

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Every July, Samaritans run an awareness campaign. This year’s event was held on 24 July, so it is an important month for thinking about mental health. The Samaritans Foundation, established in the UK in 1953,  currently respond to a call for help every ten seconds.

Mental health issues have a significant impact on both individuals and organisations. According to a 2024 Parliamentary briefing, one in six adults in the UK experiences a ‘common mental disorder’ like depression or anxiety each week. We know from discussions with our clients the importance they place on supporting staff wellbeing. There is an increasing understanding of the importance of mental and physical health and the impact that all life’s challenges can have on employees’ overall wellbeing.

Our clients tell us that ensuring their staff feel valued, supported, and healthy is not just the ‘right thing’ to do, but also crucial for organisational performance and growth. However, many find it challenging to identify and implement practical and effective measures to support mental health in the workplace.

Building a supportive culture

Creating a genuinely supportive work environment is the cornerstone for employee wellbeing. Employers can build a supportive culture by encouraging open communication, recognising and appreciating employees, and actively working to create an inclusive environment. Regular check-ins and surveys can help gauge employee satisfaction and identify areas for improvement.

Formal recognition schemes are a great way to celebrate staff efforts, not forgetting the power of more informal ‘shout outs’ in team meetings or group chats for a “job well done”. Fostering an inclusive environment where diversity is celebrated will lead to all employees feeling valued and respected.

Promote work-life balance

Work-life balance is crucial for maintaining employee wellbeing. This can be challenging for employers, but open and constructive conversations with employees can lead to positive results for all parties. Employers can promote work-life balance by offering flexible working hours and remote working options, while still ensuring business objectives can be delivered. These can help employees reduce stress and improve job satisfaction. Additionally, they boost productivity and improve retention. Employers should encourage employees to disconnect from work during their time off, with managers leading by example by setting clear boundaries around working time and annual leave.

Mental health support

Employers can support mental health by offering access to confidential counselling and services through Employee Assistance Programmes, a cost-effective option providing immediate access to support. Mental health training for designated staff helps to identify mental health issues and signpost support. If possible, allowing employees to take days off specifically for mental health can reduce problems, and improve employees’ confidence that the organisation genuinely supports their mental health.

Physical health initiatives

Employers can offer a range of initiatives to support physical health, including subsidised gym memberships and wellness challenges. A healthy work environment, with ergonomic furniture, healthy snacks, and promoting regular breaks will have the additional benefit of helping to reduce many common causes of sickness absence, and some employers enhance this by offering on-site flu vaccinations or regular health check-ups.

Professional development and financial wellbeing

These are not areas that might typically be the first things you might consider when looking at supporting wellbeing, but providing opportunities for growth and development can enhance job satisfaction and a sense of belonging. Possible initiatives include training and development programmes, structured career pathways, and mentoring schemes.

Support for financial wellbeing can include regular benchmarked compensation reviews. Offering workshops or resources on financial planning, budgeting, and retirement planning could also be beneficial., and if your organisation’s resources allow, providing comprehensive benefits packages that include health insurance, retirement plans, and other perks.

By implementing these practical steps, employers can significantly enhance the wellbeing of their employees. A happy and healthy workforce is not just beneficial for employees but is also essential for business performance and growth, with benefits across the whole employee lifecycle – better recruitment outcomes, higher productivity, reduced absence rates, and increased retention rates. And who doesn’t want to work in a happier environment?

For specialist support on this topic or to discuss any other HR matter, please contact Andrew Miles in our team on 07468 698 975.

New duty to prevent sexual harassment in the workplace

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In today’s rapidly evolving work environment, creating a safe and respectful working environment is more crucial than ever.

Pending any changes following the general election, the Worker Protection (Amendment of Equality Act 2010) Act will come into effect on 26 October 2024, strengthening protections against sexual harassment for workers. In anticipation of this, the EHRC has launched a consultation to update its technical guidance on the new duty, with the consultation period ending on 6 August 2024. We examine the upcoming enhancements and suggest how employers can prepare for compliance in the months ahead.

Understanding the new duty

This new law will impose a duty for employers to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if there is a successful sexual harassment claim and the employer has breached this duty. Employers are required to adopt a proactive approach, addressing potential issues before they arise rather than reacting to incidents after they occur. Compliance with this law is not just about avoiding legal repercussions; it’s about fostering a culture of respect and inclusion, which can enhance employee satisfaction and productivity.

However, not everyone believes the new duty has gone far enough. They point out that the requirement for employers to take ‘reasonable steps’ falls short of ‘all reasonable steps’ and the omission of an express duty to protect workers against harassment by third parties. The Chartered Institute for Personnel and Development (CIPD) has also voiced concerns regarding the efficacy of the new duty but acknowledges the importance of this legal change in building awareness and encouraging compliance.

Key steps

In preparation for the new duty, there are some key steps employers can take to ensure compliance.

  • Staff listening exercise: Conduct a feedback activity to capture common themes, experiences, and to help identify areas of focus.
  • Risk assessment: Where the organisation identifies areas of risk and plans how these will be mitigated – this will help inform the “reasonable steps” to be taken.
  • Build awareness: The first step is to increase awareness regarding what constitutes sexual harassment and educate their workforce. Few employees will appreciate that harassment can include unwanted conduct related to a protected characteristic, creating an intimidating, hostile, degrading, humiliating or offensive environment. Even fewer will be aware that sexual harassment specifically involves unwanted conduct of a sexual nature with that impact. Regular training sessions should be provided to all staff which should include how to raise a concern and how sexual harassment will be addressed.
  • Organisational and Cultural Change: Senior leaders must act as role models for inclusive values and behaviours. Their influence as ambassadors for the organisation both internally and externally is crucial in fostering a respectful culture of both physical and psychological safety.
  • Develop your Policy: While policies alone will never suffice to effect cultural change, it is useful to have a clear written framework defining what constitutes sexual harassment and making clear how sexual harassment will be addressed.
  • Upskill your managers: Specific training for managers on how to tackle sexual harassment should be provided, including how to support any team members who are impacted.
  • Identify and promote your reporting channels: Confidential and accessible routes to report concerns relating to sexual harassment should be widely advertised. The organisation should always ensure they are clear that sexual harassment is unacceptable, and any concerns will be treated seriously and with sensitivity.
  • Timely Investigation: Employers should investigate sexual harassment claims thoroughly and in a timely manner. We recommend investigations should be completed by someone appropriately trained, without direct connection to those involved. Depending on the circumstances, appointing an external independent investigator can be beneficial to ensure impartiality.  
  • Support: Providing support to those impacted is critical. This support can include counselling support, adjustments to work arrangements, or temporary leave if necessary.
  • Review your progress: Monitoring gender diversity, complaints, as well as seeking input on the wider experiences of your teams via engagement exercises can help to shine a light on the impact of any steps taken to prevent sexual harassment. You should regularly analyse these sources of information and take action on any learning.

The new duty to take reasonable steps to prevent sexual harassment in the workplace provides an opportunity for employers to reflect upon their organisational culture. Legislation alone will not create change; it will be up to individual employers to assess their starting point and take proactive steps to improve their current approach to the prevention of sexual harassment in the workplace.

If you would like any support relating to the new duty to prevent sexual harassment or in relation to an individual complaint, please contact Kathryn Chidzey-Jones in our team on 07881 092524.

What we have learned from the King’s Speech?

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The Government announced an Employment Rights Bill in the King’s Speech on 17 July, aiming to “ban exploitative practices and enhance employment rights”.

The Bill, reflecting Labour’s pre-election manifesto and their ‘New Deal for Working People’, will be introduced within the first 100 days of the new parliament. The government has described the Bill as “the biggest upgrade to workers’ rights in a generation”.

Headlines of the proposed Employment Rights Bill

  • Day-One Rights: Immediate rights to parental leave, sick pay, and protection from unfair dismissal (with provision for probationary periods).
  • Statutory Sick Pay (SSP): Removing the lower earnings limit and making SSP available to all workers from day one of their sickness absence.
  • Flexible Working: Making flexible working the default from day one for all workers, putting the onus on employers to accommodate flexible working “as far as is reasonable”.
  • Ban on “exploitative” Zero-Hour Contracts: Ensuring workers have contracts that match their regular hours with reasonable shift change notices, ending “one-sided flexibility.”
  • End Fire and Rehire: Reforming the law to provide effective remedies and replacing the previous statutory code with a strengthened version.
  • Increased Protection for New Mothers: Making it unlawful to dismiss a woman within six months of returning to work after having a baby, except in specific circumstances.
  • Fair Work Agency: Establishing a new body to monitor and enforce workplace rights.
  • Fair Pay Agreement: Introducing this in the adult social care sector, with potential expansion to other sectors.
  • School Support Staff Negotiating Body: To reinstate the SSSNB to agree national terms and conditions, career progression, and pay rates for school staff.
  • Trade Union Activity: Removing “unnecessary” restrictions, including repealing the Strikes (Minimum Service Levels) Act, to promote good faith negotiation.
  • Statutory Recognition: Simplifying the process to ensure workers can access unions at their workplaces.

Additional proposals

  • Changes to the living wage: While no detail is currently available, in the briefing notes to the King’s Speech, the government has reiterated its commitment to updating the living wage to accommodate for increases in the cost of living.  The government has indicated that this will include the removal of the current age bands.
  • Skills England Bill: This bill aims to simplify the skills system in England and Wales, transferring the work of the Institute for Apprenticeships and Technical Education to Skills England, and renaming the apprenticeship levy to the Growth and Skills Levy. The intention is to streamline and refocus the skills system, prioritising development in the workplace.
  • Equality (Race and Disability) Bill: This Bill intends to introduce mandatory ethnicity and disability pay gap reporting for employers with over 250 employees. This will echo the current gender pay reporting and equal pay legislation.

Conclusion

The Chartered Institute of Personnel and Development (CIPD) has welcomed the proposals from the new Government, emphasising the need for “thorough consultation with employers, and potentially compromise in places”.  We echo this sentiment, particularly the need to engage with employers to ensure any changes have a positive impact on workplace practices and employment opportunities. The proposals are currently light on detail and we are sure that, as we learn more over the coming months, we will be able to comment further on how employers might wish to navigate these potentially transformative changes.

For further information on this topic, please contact Kathryn Chidzey-Jones in our team on 07881 092524.