HR & Employment Team, Author at Supportis

Care Assistant Wins Unfair Dismissal Claim Over Murder Charge

A care assistant who was unfairly dismissed after being charged with murder has won her case against her employer, Care UK Community Partnerships. The employment tribunal in Edinburgh ruled that the company had failed to properly investigate the potential reputational damage caused by the charges before dismissing the employee.

Jacqueline Difolco worked for Care UK at Cairdean House, Edinburgh, until her dismissal in November 2022. In October 2022, she was arrested and charged with murder along with three other defendants. Difolco was later acquitted of all charges.

Following her arrest, Care UK suspended Difolco pending an investigation. However, the tribunal found that the company’s investigation and report made “no assessment of any risk of reputational damage” and that “alternatives to dismissal were not considered in discussion with the claimant.”

The tribunal concluded that the dismissal was unfair and awarded Difolco a basic award of £1,860.

What can employers learn from this case?

This case highlights the importance of careful consideration and due process when dealing with employees facing criminal charges. Employers should:

Conduct thorough investigations: Before taking disciplinary action, employers should thoroughly investigate the circumstances of the criminal charges and assess the potential reputational damage.
Consider alternatives to dismissal: If possible, employers should explore alternative options, such as suspension or reassignment, before dismissing an employee.
Communicate openly with employees: Employers should maintain open communication with employees throughout the process and provide them with opportunities to explain their situation.

By following these guidelines, employers can ensure that they are acting fairly and legally while protecting their business interests.#

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.

Jet2 Flight Attendant Loses Discrimination Claim

A former Jet2 flight attendant has lost her legal case against the airline after claiming she was discriminated against and constructively dismissed over her hairstyle. Marion McKay resigned from her position in August 2023 after being told that her undercut hairstyle didn’t meet the company’s uniform standards.

McKay brought an employment tribunal claim for emotional distress and loss of earnings, seeking £22,000 in compensation. However, the tribunal ruled in favor of Jet2, finding that the airline’s treatment of her was not discriminatory.

The judge, Michelle Sutherland, stated that the request for McKay to change her hairstyle was not discriminatory and that a man with the same hairstyle would have been treated similarly. As a result, the tribunal concluded that Jet2 did not discriminate against McKay or constructively dismiss her.

Lessons for employers

This case highlights the importance of clear and consistent enforcement of workplace policies. Jet2’s uniform policy, while requiring a specific hairstyle, appears to have been applied fairly and consistently. Employers should ensure that their policies are well-defined, communicated effectively to employees, and applied without bias.

Additionally, employers should be mindful of the potential for workplace stress and take steps to address it. While McKay’s claim was ultimately unsuccessful, the case demonstrates the need for employers to create a supportive and inclusive work environment. By fostering a positive workplace culture, employers can help to prevent employee stress and maintain a high level of employee morale.

The debate around implementing a four-day working week has intensified following the results of a major trial in South Cambridgeshire District Council. While the experiment yielded impressive results in several areas, it also highlighted potential challenges for businesses.

The council’s trial saw a significant drop in staff turnover and improvements in service delivery times for tasks such as processing planning applications and housing benefits. These outcomes are undoubtedly enticing for employers grappling with recruitment difficulties and service efficiency.

However, the trial was not without its drawbacks. Rent collection and re-letting of council housing were negatively impacted. This underlines the importance of careful planning and consideration before adopting a four-day week model.

A broader UK-wide trial also found positive results, with increased employee wellbeing and improved recruitment reported by most participating companies. Nevertheless, experts caution that the four-day week could exacerbate existing inequalities, particularly in terms of welfare benefits and potential exclusions for certain workers.

As small business owners and HR managers weigh the potential benefits and drawbacks of a reduced workweek, it’s clear that a one-size-fits-all approach is unlikely to be effective. Careful analysis of individual business operations and employee needs is essential to determine the feasibility and potential impact of such a change.

While the South Cambridgeshire trial offers valuable insights, it’s important to recognise that the public sector may have different operational constraints compared to private businesses.

Ultimately, the decision to implement a four-day week should be based on a thorough assessment of both potential gains and risks.

HR’s Role in Transitioning to a Four-Day Week

For HR departments, introducing a four-day week presents a complex challenge. Key considerations include:

Employee consultation: Engaging staff to understand their preferences and concerns is crucial.
Workload assessment: Determining how to maintain productivity and service levels with reduced hours requires careful analysis.
Contractual changes: Updating employment contracts to reflect the new working pattern is essential.
Operational adjustments: Implementing changes to shift patterns, rotas, and service delivery models may be necessary.
Performance management: Developing new metrics to measure performance in a four-day week environment is important.
Legal and regulatory compliance: Ensuring adherence to employment law and other relevant regulations is vital.

By carefully managing these aspects, HR can play a pivotal role in ensuring a smooth transition to a four-day week and maximising its potential benefits.

New legislation offers unpaid carer’s leave, but leading employers are exploring additional support with positive results.

Increased support for carers:

The UK recently introduced a law granting employees the right to take up to five days of unpaid leave for caregiving needs which came into effect in April this year. While a significant step, Carers UK, an advocacy group, is calling for further measures including two weeks of paid leave annually and the option for longer unpaid leave (up to six months), this came into effect in April this year.

Why additional support matters:

Prevalence of Carers: Approximately 1 in 9 employees juggle work with caregiving responsibilities. This translates to a significant portion of the workforce.
Retention Benefits: Many caregivers leave their jobs due to work-life conflicts. Offering flexible solutions can help retain valuable employees.
The New Law: The Carers Leave Act establishes a framework for unpaid leave and defines a legal carer classification.

Beyond the Minimum:

Several employers are exceeding the minimum legal requirements and reaping benefits:

BT: Offers 10 days of paid carer’s leave, reporting positive impacts on productivity, retention, and employee attraction.
TSB Bank: Provides 70 hours of paid leave annually. Carer retention is higher than the general workforce, and average leave usage is only seven hours.
Department for Work and Pensions: Emphasises flexible work arrangements for carers, resulting in rising employee engagement.

Employer Actionable Steps:

Flexible Work Policies: Implement and utilise flexible work options with empathy and creativity to accommodate diverse needs.
Manager Training: Equip managers with communication skills, knowledge of company policies, and their application to support carers.
Carer Passport Scheme: Streamline communication by establishing a system for employees to document caregiving needs, avoiding repetitive explanations.
Internal Communication: Promote inclusive support options through internal communication channels, highlighting flexibility and resources for carers.
Crisis Support: During unforeseen caregiving emergencies, offer immediate time off without inquiries, followed by a structured conversation to explore available leave options.
Adjustment Leave: Consider longer periods of leave with a guaranteed position upon return and an openness to discussing part-time or flexible hours.

Investing in Support:

Employers who prioritise supporting carers find it fosters loyalty and dedication. By going beyond the minimum legal requirements (if you’re in a position to), companies can benefit from increased employee well-being, retention, and overall performance. As one employer struggling with caregiving responsibilities himself stated, “Carers work hard, for you and when they are at home, and they deserve to know that you, their employer, has got their back.”

The debate around in-office presence for meetings: balancing collaboration and flexibility

The modern workplace is witnessing a shift in work models, with companies grappling with the optimal balance between in-office presence and remote work arrangements. While some employers prioritise a traditional office environment, others embrace remote work as long as performance remains high. Here, we explore both sides of the debate…

Reasons for in-office meetings:

Improved Communication and Collaboration: Proponents argue that face-to-face interaction fosters better communication and collaboration. Non-verbal cues like body language and facial expressions are easier to read in-person, leading to clearer understanding and a more dynamic flow of ideas.
Enhanced Creativity and Problem-Solving: In-person meetings can be more conducive to brainstorming and creative problem-solving. The ability to whiteboard ideas, use physical props, and have spontaneous discussions is seen as an advantage for certain tasks.
Building Team Cohesion and Morale: Spending time together in-person can help build stronger relationships and team spirit among colleagues. Shared experiences and informal interactions beyond meetings can improve overall morale and company culture.
Focus and Reduced Distractions: Some argue that the office environment can be less distracting for meetings, allowing for better focus and productivity compared to potential distractions at home.

Reasons for remote meetings:

Increased Flexibility and Productivity: Studies suggest that remote work arrangements can be equally, or even more, productive for many employees. The flexibility allows for better work-life balance and can improve employee satisfaction.
Reduced Costs and Environmental Impact: A remote workforce eliminates commuting costs for employees and reduces the company’s overhead associated with office space. Additionally, it minimises the environmental impact of travel.
Accessibility and Inclusion: Mandating in-office meetings can disadvantage employees with disabilities or those living far from the office. Furthermore, remote options allow for participation from geographically dispersed teams.
Technological Advancements: Video conferencing platforms have become increasingly sophisticated, allowing for effective communication and collaboration even in virtual settings.

The decision of whether or not to mandate in-office presence for meetings depends on weighing up the potential benefits of improved communication and team building against the advantages of flexibility, cost savings, and accessibility offered by remote work models. Of course also taking into account factors around your specific company policies and sector.

Case study: ASOS

Fashion retailer Asos has clarified its flexible working policy, outlining mandatory in-office presence for certain teams. Employees who fail to comply with the policy risk disciplinary action.

The company emphasizes the importance of physical interaction, particularly for creative and production teams. In-person meetings are deemed essential for tasks like brainstorming and pre-production planning, as virtual attendance can hinder team dynamics. Asos cites a “very real need” for employees to physically examine products, which they believe cannot be effectively replicated virtually.

This policy shift comes amidst efforts to revitalize the company after a period of slowing growth. Asos is aiming to improve overall performance through stricter inventory management, return policies, and marketing strategies. Their decision to require minimum in-office attendance aligns with a broader trend of companies encouraging a return to the workplace. However, the effectiveness of this approach is contested, with studies suggesting that hybrid work models can be equally productive.

Euros 2024: A Guide for UK Employers

The UEFA European Football Championship is in full swing. While it has the potential to disrupt regular work routines, UK employers can leverage this major sporting event to enhance employee morale and create a more positive work environment. Here’s a breakdown of key strategies to consider:

Uplift Staff Engagement

Screen key matches: Broadcast important matches in the workplace (via radio if TV would be too distracting) or organise virtual watch-alongs for hybrid and remote teams.
Embrace team spirit: Allow temporary decorations like flags of participating nations and consider relaxing dress codes to allow for football shirts for certain days i.e. match days.
Participation is optional: Ensure all Euro-related activities in the workplace are voluntary to avoid excluding employees who are not interested.

Enhance Flexibility During the Tournament

Early finishes/time off: Consider offering flexi-time for early evening matches if possible.
Flexible holiday requests: Consider approving short-notice holiday requests where feasible to accommodate employees who want to watch specific games.

Maintain Productivity

Pre-emptive reminders: Remind staff about work expectations during the tournament and discourage watching matches on company time if not appropriate in your workplace.
Manage unauthorised absences: Implement clear policies to address unscheduled absences and ensure adherence to them during the tournament.

Prioritise a Positive Workplace

Equal opportunities: Extend flexible work arrangements to fans of all participating nations, not just home teams.
Zero tolerance for discrimination: Make it clear that harassment linked to the Euros will not be tolerated, an example excerpt for an email out to all: The company will uphold a strict policy of zero tolerance for any form of harassment or discrimination related to the Euros, including hostile or racist remarks.

Responsible Conduct Outside the Office

Remind of off-duty responsibilities: Encourage responsible behavior when attending matches at pubs or fan parks, especially regarding alcohol consumption.
Potential disciplinary action: Inform employees that serious misconduct outside work, which could damage the company’s reputation, can lead to disciplinary action.

Takeaway points for Employers

By implementing these proactive measures, UK employers can navigate the excitement of Euros 2024 smoothly. They can not only minimize disruption but also use the opportunity to boost employee morale, foster team spirit, and create a more positive work environment. This can lead to increased productivity and employee engagement in the long run.

Use our example email template below to remind staff of expected behaviour and procedure around the tournament…

Dear Team,

The UEFA European Football Championship (Euro 2024) kicks off this summer, and we understand many of you are excited to follow the competition. While this can bring excitement to the workplace, it’s important to maintain our usual level of productivity and professionalism.

Here’s a reminder on key points to ensure a smooth and enjoyable tournament period:

Work Expectations:

We encourage you to pre-arrange work schedules and deadlines to accommodate any potential disruptions caused by match timings.
Watching matches on company time is not permitted (amend if it is with appropriate details). Please manage your personal viewing outside of working hours.
Unscheduled absences: We encourage open communication and responsible management of time off during the tournament. Holiday requests will be considered on a first come, first serve basis as per usual.

Workplace Culture and Inclusion:

We support showcasing your team spirit with temporary decorations like flags for participating nations. However, please ensure this creates a welcoming environment for all colleagues.
Our commitment to a respectful and inclusive workplace remains paramount. Any form of harassment or discrimination linked to the Euros will not be tolerated.

Outside the Office:

We encourage responsible behaviour when attending matches at pubs or fan parks, particularly regarding alcohol consumption.
Remember, serious misconduct outside work can have consequences within the company.

Additional Resources:

We are committed to fostering a positive and productive work environment during Euro 2024. Please don’t hesitate to reach out to your line manager with any questions or concerns.

Thank you for your cooperation.

Sincerely,

[Your Name/Company Management]

As the excitement of Euro 2024 unfolds, employers seeking to navigate staff enthusiasm while maintaining productivity can leverage the strategies outlined above. Remember, a happy and engaged workforce is a productive one.