The recent news regarding Police Scotland, where a record number of recruits were rejected due to inappropriate tattoos, serves as a stark reminder for UK employers: body art can be a complex HR and Health & Safety issue. With increasing societal acceptance of tattoos, how do you balance individual expression with your company’s image and legal obligations?

The Police Scotland Case: A Cautionary Tale

The details of the rejected tattoos – depicting graphic violence, sexual themes, and offensive imagery – highlight the potential for body art to cause offence and raise concerns about an employee’s professional conduct. While Police Scotland has a specific policy, this situation raises broader questions for all UK employers.

Key Considerations for UK Employers

Discrimination and Equality Act 2010

Instead of implementing a blanket ban on tattoos, which could potentially be discriminatory if it disproportionately affects certain groups, employers should focus on the specific nature of the tattoo and its potential impact on the business. Furthermore, it is imperative that any policy regarding tattoos is applied consistently and fairly across the workforce.

Company Image and Reputation

When determining your stance on employee tattoos, consider the nature of your business and the potential impact of visible tattoos on your brand image. In particular, for customer-facing roles, it may be necessary to implement specific guidelines regarding visible tattoos. Ultimately, a clear and well-communicated policy is crucial for ensuring consistency and managing employee expectations.

Health and Safety

Although less frequent, certain tattoos may present health and safety risks in specific work environments, such as those demanding stringent hygiene standards or where tattoos could impede the effective use of personal protective equipment. The postponement of Police Scotland’s beard ban, following consultation with health and safety experts, effectively demonstrates the critical importance of seeking professional advice before implementing any policy that could potentially impact employee wellbeing.

Employment Contracts and Policies

Clearly define your company’s stance on tattoos within your employment contracts and policies. Specifically, these documents should include comprehensive guidelines regarding acceptable and unacceptable tattoos, with particular attention paid to visible body art. Furthermore, it is imperative that your policies are legally sound and fully compliant with all current Employment Law.

Recruitment and Selection

Transparency regarding your company’s policy on tattoos is crucial during the recruitment process. Candidates may be asked about any visible tattoos and the potential impact these may have on their prospective role. In situations where the employee’s image is of paramount importance, such as in the case of Police, considering requesting photographs of tattoos is a valid approach.

Disciplinary Procedures

If an employee’s tattoo is considered inappropriate, follow your company’s disciplinary procedures. Explain your concerns clearly and consider solutions like covering the tattoo or changing the employee’s role.

Practical Advice for UK Employers

Create a fair, consistent, and legal written tattoo policy that employees are free to access at any time, and know of it’s existence and whereabouts. Treat each case  individually, based on the tattoo and its effect on the business.

If you’re facing uncertainties regarding the legal aspects of your tattoo policy, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can provide expert guidance to ensure your actions as an employer remain legally compliant and help you manage the situation effectively.

What happened in the case of Hamilton v Epsom and St Helier University Hospitals NHS Trust?

Mrs. Hamilton, a diabetes specialist nurse, successfully pursued a constructive dismissal claim against Epsom and St Helier University Hospitals NHS Trust, receiving £41,000 in compensation, due to a sustained campaign of bullying and a failure of management to address it effectively.

The dispute originated from a professional disagreement between Mrs. Hamilton and a dietitian colleague, Mr. Nayeck, regarding patient care, which subsequently escalated into a pattern of deliberate exclusion and dismissive behavior by Mr. Nayeck. He actively ignored her, excluded her from routine team activities, and allegedly tampered with her personal belongings.

Despite a mediation attempt, Mr. Nayeck’s behaviour persisted, and he later made counter-allegations of bullying against Mrs. Hamilton, which were investigated, further exacerbating the situation.

Mrs. Hamilton’s formal grievance, citing the trust’s failure to address the ongoing issues and its tolerance of abusive behavior, was only partially upheld, leading to her eventual resignation due to stress and a complete breakdown of trust.

What can employers learn about this case?

This case underscores the critical responsibility of employers to proactively prevent and address bullying and harassment in the workplace.

Employers must establish clear policies and procedures for reporting and investigating such incidents, ensuring that all complaints are taken seriously and thoroughly investigated.

They must also provide adequate training to managers and employees on recognising and preventing bullying and harassment, and foster a workplace culture that promotes respect, open communication, and early intervention to resolve conflicts before they escalate.

Furthermore, employers should ensure that mediation or conflict resolution processes are conducted fairly and effectively, and that any outcomes are monitored to ensure lasting change.

The trust’s failure to effectively manage the interpersonal conflict and address the persistent bullying resulted in a significant financial penalty and demonstrated the importance of robust policies and procedures to protect employees from such harmful behaviours.

Further help and advice

Navigating workplace disputes involving bullying and harassment can be complex. If such a situation arises with your employees, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can provide expert guidance to ensure your actions as an employer remain legally compliant and help you manage the situation effectively.

What happened in Higgs v Farmor’s School?

In a landmark ruling this week, the Court of Appeal overturned previous decisions and found in favor of Kristie Higgs, a Christian school assistant. Higgs was dismissed by her employer, Farmor’s School, for sharing Facebook posts deemed transphobic and homophobic, leading to a six-year legal battle.

Press summary here

Full case here

Summary of Events

• Higgs shared Facebook posts on her personal account expressing traditional Christian beliefs about transgenderism, same-sex marriage, and gender fluidity. These posts did not mention her employer.
• Farmor’s School dismissed her, citing the language used in the posts and potential reputational damage to the school, not her religious beliefs.
• Higgs argued her dismissal was discriminatory based on her religious beliefs.
• Initial tribunal and Employment Appeal Tribunal (EAT) rulings were mixed, with the EAT initially ordering a rehearing.
• The Court of Appeal ultimately ruled in Higgs’ favour, finding her dismissal unlawful discrimination.

Implications for Employers

The Court of Appeal’s decision has significant implications for employers:

• Protection of Religious Beliefs: The ruling affirms that the Equality Act protects traditional Christian beliefs on social issues.
• Burden of Proof: Employers now bear the burden of proving that dismissing an employee for expressing their religious beliefs is objectively justified and necessary in a democratic society. Simply believing the dismissal is justified is not enough.
• Proportionality: Dismissal for expressing religious beliefs must be a proportionate response. The court found Higgs’ dismissal “unquestionably disproportionate.”
• Reputational Damage: Fear of potential reputational damage is not sufficient grounds for dismissal. The court stated that any reputational damage in this case was “speculative at best.”
• Personal vs. Professional: The ruling highlights the distinction between personal expressions of belief and professional conduct. Higgs’ posts were on her personal Facebook account and did not reference her employer. The court noted that there was no evidence she had or would discriminate against anyone at work.
• Free Speech and Religious Liberty: The decision is seen as a landmark victory for free speech and religious liberty, setting a precedent that employers cannot automatically discipline employees for expressing their deeply held beliefs outside of work.

In short, employers will need to carefully consider the balance between an employee’s right to express their religious beliefs and the potential impact on the workplace. This ruling makes it more difficult for employers to discipline employees for expressing such beliefs in their personal time, particularly when those expressions do not directly link back to the employer or demonstrably affect the workplace.

Navigating workplace disputes involving religious or personal beliefs can be complex. If such a situation arises with your employees, please don’t hesitate to contact Supportis on 0161 603 2156, or at [email protected]. We can provide expert guidance to ensure your actions as an employer remain legally compliant and help you manage the situation effectively.

During the committee stage in the House of Commons, Members of Parliament (MPs) have proposed numerous amendments to the Employment Rights Bill.

The Public Bill Committee has now completed its work and reported the Bill with amendments to the full House.

This means that a group of MPs, called the Public Bill Committee, has finished reviewing the Employment Rights Bill.

• They’ve examined the bill and made changes to it
• They’ve now presented this revised bill (with the amendments) to the entire House of Commons

Essentially, the Public Bill Committee has done its part in shaping the bill, and now the whole House of Commons will debate and vote on it, considering the changes suggested by the Committee.

The report stage (where the House of Commons will debate and potentially make further changes to the bill based on the recommendations from the Public Bill Committee) and third reading (the final stage of debate in the House of Commons whereby MPs can discuss the bill in its current form, but no further amendments can be made – they will then vote on whether to approve the bill) will take place on a date to be confirmed. An Amendment Paper has been published, listing proposed amendments in the order they are expected to be decided.

What key amendments have been put forward?

Proposal introducing a new right to “domestic abuse victims’ leave.” If this amendment is included in the Employment Rights Bill when it becomes law, the Secretary of State would be required to make regulations entitling a worker who is a victim of domestic abuse to be absent from work, on leave, within 12 months of the Bill being passed.

The worker would be entitled to at least 10 working days’ leave and the benefit of the terms and conditions of their employment that would have applied but for the absence. It is unclear if this would include pay. Workers would have the right not to be unfairly dismissed or suffer any detriment on the ground that they are a person affected by domestic abuse.

Proposal to create another new preventative duty for employers, similar to the duty to take reasonable steps to prevent sexual harassment of their workers.

Under tabled amendments to the Equality Act 2010, employers would be required to take all reasonable steps to prevent their workers from experiencing domestic abuse in the course of their employment.

Other proposed amendments include making carer’s leave a paid leave entitlement, making caring a protected characteristic under the Equality Act 2010, and doubling Statutory Maternity Pay.

The success of these proposed changes will depend on several factors. Careful consideration must be given to the practical implementation of these new rights and duties, ensuring they are accessible and effective for all workers. Adequate funding and support mechanisms will be crucial for employers to comply with new obligations, such as preventing domestic abuse in the workplace.

The debate around the Employment Rights Bill highlights the ongoing evolution of workplace rights and protections in the UK. As the labour market continues to evolve, it is essential that legislation keeps pace, ensuring a fair and equitable working environment for all employees.

The Employment Rights Bill is currently undergoing changes, and navigating these updates can be complex. Supportis can be your partner in ensuring your business stays compliant with evolving employment law.

How Supportis Can Help

We offer a comprehensive suite of services to help businesses like yours navigate the changes proposed in the Employment Rights Bill and beyond, including:

• help developing and reviewing your internal policies to ensure they align with the latest employment law, including the upcoming changes in the Employment Rights Bill.
• training (remote or in-person) on various employment law topics, helping your managers and staff understand their rights and responsibilities.
• 24/7 HR access included at no extra cost to answer your questions and provide guidance on navigating employment law complexities, including those related to the Employment Rights Bill.

Streamlined HR Processes

In addition to the above, we offer Cirrus, our secure online client portal. Developed in-house by HR experts, Cirrus streamlines HR processes, giving you a central hub to manage your HR needs.

Contact Supportis Today

Let Supportis be your guide through the ever-changing landscape of employment law. Contact us today on 0161 603 2156 or [email protected] to learn more about how we can help your business stay compliant and thrive.

What happened in the recent case of Ms A Briggs v The Trustees of the National Museums of Scotland?

Anita Briggs, a social media manager for National Museums Scotland, was unfairly dismissed due to the employer’s failure to follow its own performance improvement policy. Despite concerns about her work quality (typos, missed deadlines, low output) and documented performance issues, the museum did not issue the required formal warnings before terminating her employment.

Why is it important to follow HR policies such as performance improvement?

This case highlights the critical importance of adhering to established HR procedures, particularly when dealing with employee performance issues.

• Failing to follow internal policies can lead to legal challenges and potentially costly settlements, as seen in this case.
• Clear and consistent application of HR policies ensures fairness for all employees and minimises the risk of discrimination or bias.
• A well-defined and transparent process builds trust between employers and employees, improving morale and reducing workplace conflict.

What can employers learn from this case?

• Employers must ensure that all performance management procedures, including warnings and disciplinary actions, are carried out in strict accordance with their own policies.
• Maintain meticulous records of all performance issues, meetings, and disciplinary actions. This documentation is crucial for defending decisions in case of legal challenges.
• Instead of solely focusing on the employee’s performance, investigate potential underlying issues like stress or personal challenges.
• Offer employees support and resources, such as stress management courses or mental health support, to address performance issues effectively.
• Regularly review and update HR policies to ensure they are current, legally compliant, and effectively address modern workplace challenges.

Can Supportis help ensure my business doesn’t fall foul of Employment Law?

Yes! Supportis can significantly assist employers in addressing the issues raised in the case. By offering a range of services, including policy development, training, and software solutions, we can help employers create a robust and compliant system for managing employee performance.

Specifically, we can help develop and review HR policies, deliver training (remote, or in person) on effective performance management, and provide access to our award-winning eLearning system. All of our clients have access to Cirrus, Supportis’ secure online client portal, developed in-house by HR experts to streamline HR processes, paired with 24/7, fixed-fee unlimited HR advice and consultancy services on various HR and H&S matters.

Give us a call on 0161 603 2156, or drop us an email at [email protected] to find out how you can create a more effective and compliant performance management system, reduce the risk of legal challenges, and improve overall employee engagement and wellbeing.

2024 saw a range of unusual cases land on the desks of UK employment tribunals. From questionable comments to unexpected dismissals, these cases offer valuable lessons for employers.

“Back in Your Day” – A Cautionary Tale of Ageism

A nursing assistant’s claim of age discrimination, while ultimately unsuccessful, highlighted a crucial point. The tribunal acknowledged that the phrase “back in your day,” even if not explicitly proven in this instance, could constitute “unwanted conduct” related to age. This serves as a stark reminder for employers to carefully monitor workplace language and ensure a respectful environment for employees of all ages.

“Frumpy Trousers” – Gender and Harassment

A female director’s claim of sex discrimination, although time-barred, underscored the importance of creating a workplace free from gender-based harassment. The tribunal recognised that comments about a woman’s appearance, even if seemingly innocuous, can have a significant impact on her dignity and create a hostile work environment. Employers must establish clear policies and procedures to address and prevent such behaviour.

Unfair Dismissal for Leaving Early

The case of a further education lecturer unfairly dismissed for adjusting his schedule highlights the importance of fair disciplinary procedures. Employers must ensure that disciplinary actions are proportionate, justified, and follow established guidelines. This case emphasises the need for thorough investigations, and a commitment to fair treatment for all employees.

“Sushi” and Stereotypes

While the claim of racial discrimination in this case was unsuccessful, it serves as a reminder of the potential for unconscious bias in the workplace. Even well-intentioned comments based on stereotypes can be perceived as offensive. Employers should promote diversity and inclusion training to raise awareness of unconscious bias and encourage respectful communication.

The “Astonishing” Dismissal of a Professor

The Irish case of Professor Naudé‘s dismissal highlights the importance of clear procedures and due process in all employment decisions. Arbitrary dismissals, even for senior employees, are unacceptable and can have serious legal and reputational consequences. Employers must ensure that all decisions, particularly those involving termination, are made fairly, transparently, and in accordance with established policies.

Unpaid Work and Unfair Dismissal

The case of the wife who worked unpaid in her in-laws’ convenience store highlights the importance of fair wages and adherence to Employment Law. Employers must ensure that all employees are paid appropriately and in accordance with legal requirements.

The German Cheese Caper

While not a UK case, the German policeman’s dismissal for stealing cheese serves as a cautionary tale about the importance of ethical conduct and integrity in the workplace. Employers must maintain high ethical standards and ensure that employees understand the consequences of any misconduct.

“Zero Tolerance” Policies and Racial ‘Jokes’

The case of the Apple Store employee dismissed for a racially insensitive joke highlights the importance of carefully considering the application of zero-tolerance policies. While some offences may warrant immediate dismissal, employers must ensure that disciplinary actions are proportionate and that due process is followed.

“Breaking Wind” and Age Discrimination

This bizarre case underscores the seriousness of workplace bullying and harassment. Even seemingly minor incidents of inappropriate behaviour can create a hostile work environment and have significant legal and emotional consequences for employees.

“Dubious” Birthday Leave and Free Speech

The case of the solicitor who criticised a company’s “birthday leave” policy highlights the importance of balancing employee freedom of expression with the need to maintain a respectful and productive workplace. Employers should encourage open communication and constructive feedback while also setting clear guidelines for appropriate workplace conduct.

What can employers learn from these cases?

• Foster a Respectful and Inclusive Workplace: Promote diversity and inclusion training, actively address harassment and discrimination, and ensure a safe and respectful environment for all employees.
• Implement Clear Policies and Procedures: Establish clear policies on harassment, discrimination, disciplinary procedures, and other relevant employment matters. Ensure that all employees are aware of these policies and that they are consistently and fairly applied.
• Prioritise Fair Treatment and Due Process: Ensure that all employment decisions are made fairly, transparently, and in accordance with established procedures.
• Promote Ethical Conduct: Emphasise the importance of ethical conduct and integrity in the workplace.
• Provide Regular Training: Provide regular training to employees on relevant employment law, workplace policies, and best practices for workplace conduct.

By carefully considering these lessons and implementing appropriate measures, employers can mitigate risk of facing similar legal challenges and create a positive and productive work environment for all employees.

For employers requiring further guidance or assistance with HR, Health & Safety, Employment Law or eLearning, Supportis are here to help. Contact us today for a free consultation at [email protected] or on 0161 603 2156.