HR & Employment Team, Author at Supportis

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.

What is the Real Living Wage?

The Real Living Wage is an independently calculated hourly rate based on the cost of living. It is higher than the government’s National Living Wage.

The Real Living Wage is not mandatory for UK employers. It is a voluntary commitment by employers to pay their workers a wage that reflects the true cost of living. The rate is calculated and set by the independent Living Wage Foundation, taking into account the actual costs of living.

What are the changes?

The Real Living Wage, as determined by the Living Wage Foundation, has recently increased by 5% to £12.60 per hour nationally and 5.3% to £13.85 per hour in London. This significant increase will directly benefit nearly 500,000 employees across over 15,000 businesses committed to paying this voluntary rate.

This pay rise is intended to help workers cope with the ongoing challenges of rising inflation and the increasing cost of living. Importantly, the Real Living Wage applies to all workers aged 18 and over, unlike the government’s national living wage, which only applies to those aged 21 and above. The government is currently working towards phasing out the lower minimum wage for 18- to 20-year-olds.

Research conducted by the Living Wage Foundation highlights the pressing need for this increase, revealing that 42% of workers earning below the Real Living Wage have less than £10 per week left after covering essential expenses such as rent, bills, and transportation. While this increase is a crucial step, many employers are still hesitant to offer significant pay raises, with the median pay award forecast to drop to 3% in 2025.

Despite this cautious outlook, the number of businesses committed to the Real Living Wage is steadily increasing. However, it’s important to note that some high-profile companies have recently withdrawn from the scheme.

The Real Living Wage offers several benefits to both workers and employers. It helps to ensure workers can afford a decent standard of living, improves employee well-being and job satisfaction, and can attract and retain top talent. Additionally, it enhances a company’s employer brand by demonstrating a commitment to social responsibility and employee well-being.

Beyond wages, the Living Wage Foundation also promotes complementary initiatives such as Living Hours and Living Pension. Living Hours aims to guarantee a minimum of 16 hours per week, predictable shift patterns, and contracts that accurately reflect the hours worked. The Living Pension initiative recommends an employer pension contribution of at least 7%.

Katherine Chapman, Director of the Living Wage Foundation, emphasised the significant positive impact of these new rates on workers struggling with the cost of living. Darren Taylor, Country People and Culture Manager at IKEA UK&IE, expressed optimism that this uplift, combined with the company’s enhanced flexibility and benefits offerings, will provide employees with greater financial stability and support for a better quality of life.

New Dad Harassed by Colleagues After Taking Paternity Leave

A new father has won a landmark employment tribunal case after facing harassment from colleagues who disapproved of his flexible working arrangements following the birth of his daughter.

Courtney Rawlins, a delivery driver for DPD, had his working hours adjusted to allow him to spend more time with his child. However, his colleagues reacted negatively, gossiping about his new schedule and making derogatory comments. This created a hostile work environment for Rawlins, who ultimately resigned.

The tribunal found that the “gossip” and negative comments constituted sex-based harassment, as it was unlikely that similar treatment would have occurred if a female colleague had adjusted her hours for childcare purposes.

A Warning to Employers

This case serves as a stark reminder for employers to:

Create a workplace where all employees feel valued and respected, regardless of their gender or family responsibilities to promote a culture of respect and inclusivity
Clearly communicate and enforce policies that prohibit discrimination and harassment based on gender, sex, and any other protected characteristic
Train managers and employees on workplace harassment, including how to recognise and respond to discriminatory behaviour
Take all complaints of harassment seriously and conduct prompt and impartial investigations
Ensure that employees who return from parental leave are fully supported and that their working arrangements are respected.

This case highlights the importance of creating a supportive and inclusive workplace for all employees, particularly those who are balancing work and family responsibilities.

Similar Cases

While this case is significant, it is not the first time UK courts have addressed issues related to workplace harassment and discrimination based on parental leave. Other notable cases include:

Snell v Network Rail

This was the first case on shared parental leave discrimination. The tribunal awarded a father compensation for his employer’s refusal to pay him the same rate as his wife for shared parental leave.
Ali v Capita Customer Management

This case involved a father who was paid statutory pay for shared parental leave, while his wife was paid more for maternity leave. The tribunal ruled that this was unlawful.
Mrs E Fray v Secretary of State for Justice

This case involved a woman who was denied Occupational Maternity Pay (OMP) after becoming pregnant while on an unpaid career break. The tribunal dismissed her claim of indirect sex discrimination.
Heather Todd v 52 Street Event Supplies

This case involved an account manager who was dismissed after maternity leave. The tribunal awarded her compensation for pregnancy and maternity discrimination, unfair dismissal, and arrears of wages.

These cases underscore the need for employers to be vigilant in preventing and addressing any form of discrimination in the workplace.

Where do I stand with asking employees back into the office?

Employers considering mandating more office attendance should carefully review relevant employment law and ensure their policies are legally sound.

They should also consider the impact of increased office attendance on employee well-being and work-life balance.

Evaluating the effectiveness of hybrid work arrangements and identifying strategies to maximise both in-office and remote work productivity is crucial.

Maintaining open communication with employees and being flexible in accommodating individual needs and circumstances is essential.

If you are considering mandating more office attendance and are unsure about the legal implications or how to best implement such a policy, contact Supportis.

What’s happening in the Civil Service with office attendance?

The UK Civil Service has reaffirmed its commitment to a hybrid working model, with most employees expected to spend at least 60% of their time in the office.

This follows reports of a decline in office attendance after the recent change in government. Most civil servants are expected to spend at least 60% of their time in the office or on official business, while senior managers are required to spend more than 60% of their time in the office.

The government emphasises the importance of in-office work for collaboration, innovation, and fostering a sense of community. Monthly office attendance data is being collected to monitor compliance and inform policy decisions.

Need further advice?

We can provide expert advice and guidance on all aspects of hybrid work, including legal and regulatory compliance, developing and implementing effective hybrid work policies, communicating changes to employees, and addressing employee concerns and managing any potential challenges. By partnering with Supportis, you can navigate the complexities of hybrid work and ensure a smooth and successful transition for your business.

The UK government is currently consulting on significant reforms to Statutory Sick Pay (SSP) with the aim of improving worker rights and addressing the issue of presenteeism. Key proposed changes include:

The elimination of the waiting period. Currently, employees must wait three days before becoming eligible for SSP. This change would provide immediate financial support to those experiencing illness.
The removal of the Lower Earnings Limit (LEL). This would extend SSP eligibility to approximately 1.3 million low-paid workers who are currently excluded.
The introduction of a percentage-based SSP rate. This would ensure that SSP payments are proportionate to an employee’s earnings, preventing situations where individuals receive more in SSP than their actual salary.

These reforms are expected to have several benefits, including improved employee health and well-being, reduced presenteeism, and increased workplace productivity. However, they may also result in increased costs for businesses, particularly small and medium-sized enterprises.

Supportis can help you:

Stay informed: Our team can provide you with the latest updates and insights on the Statutory Sick Pay consultation process.
Review your internal sick pay policies: We can assist you in reviewing and updating your current policies to ensure compliance with the evolving legal framework and best practices.
Promote a healthy workplace culture: We can offer guidance and support on implementing strategies to enhance employee well-being, such as stress management eLearning, flexible work arrangements, and open communication channels regarding health concerns.
24/7 advice: We offer round the clock HR advice and can assist you through any type of absence management process.

By partnering with Supportis, you can navigate the complexities of SSP reform with confidence and ensure your business is well-prepared for the future.

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