Expressions of praise or admiration in the workplace, used appropriately, can be a real motivator; whether it’s praising someone’s efforts, congratulating them or simply giving them positive feedback.

There can however be a fine line between giving a compliment and harassment, the consequences of which have the potential to be extremely costly if it results in a tribunal.

Whilst it can be nice to hear ‘you look nice today’, it isn’t always appropriate to comment in this way in the work environment.

This article takes employers through what they need to know and how to act when it comes to preventing and managing harassment in the workplace.

The Law

Under the Equality Act 2010, harassment is defined as being ‘unwanted conduct relating to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’. Harassment based on age, disability, race, religion/belief, sex, sexual orientation and other protected characteristics are all covered under the law.

Individuals are protected during the recruitment process, during employment and, in some circumstances, after employment. This also includes protection against those who are a member/non-member of a trade union. Employers are liable for harassment both between employees and through a third party e.g. a customer.

If discrimination-based harassment has occurred, both employers and individuals may be ordered to pay unlimited compensation, including payment for injury to feelings.

In the case of Ms R Roberts v (1) Cash Zone (Camberley Ltd); (2) Mr J Cullen, Reading Employment Tribunal, case number 2701804/2012, Ms Roberts was referred to as ‘a kid’, ‘stroppy kid’ and ‘stroppy little teenager’ by their line manager, and was dismissed as a result of her shortcomings. The tribunal ruled that Ms Roberts was subjected to harassment on the grounds of age and was subsequently awarded with payment for injury to feelings.

What can employers do to prevent harassment?

Robust policies and guidance that clearly outlines the company’s commitment to zero tolerance on harassment and the promotion of respect in the workplace is the starting point. Ensuring managers understand and implement these policies will help embed the philosophy into the organisation. It is important to note that this may also include responsibility for things that may happen outside the workplace, for example at social events or parties.

Key items to outline in policies regarding harassment include information on:

• The damaging effects of harassment on both the individual and wider company
• How it will be treated as a disciplinary offence
• The legal implications and potential personal liability
• How to get help when being harassed
• How to make a complaint (formal and informal)
• Confirmation that all allegations are treated seriously, swiftly and with confidentiality
• Clarity around the accountability of managers, and role of union and employee representatives
• Emphasis on the responsibility of every employee for their own behaviour

Policies should be regularly reviewed and monitored to ensure effectiveness. It is also good practice to provide examples of what is deemed unacceptable behaviour in the workplace. This may include:

• Spreading rumours
• Insulting, ridiculing or criticising someone
• Exclusion or victimisation
• Unwanted physical contact
• Unwelcome sexual advances
• Stopping someone’s progression by purposely blocking promotion or training opportunities

Whilst it is important for employers to have robust policies in place, employees have a responsibility themselves for adhering to them and taking action if they suspect someone is being harassed.

Complaints about harassment

When an individual makes a complaint about harassment, they must have access to someone that is trained in this role, either inside the company or an outside sponsored service. This is for both individuals that are being harassed and for those who have observed harassment. There should be no influence on the individual as to whether they wish to take their complaint further.

Informal discussions

In some situations, people may not be aware that their behaviour is perceived as harassment, and an informal discussion may be all that it takes for it to cease. It could be between the individual themselves or a supporting manager, representative, counsellor or colleague and the harasser.

Mediation

Employers and employees may mutually agree that an independent third party may help resolve the situation. This is a voluntary process for less serious complaints. This approach is more likely to be effective if both parties are aware of what mediation involves, have voluntarily opted for this approach and are looking to repair their working relationship.

Formal procedures

If informal approaches aren’t appropriate (for example, the complaint is more serious) or don’t work, formal procedures are adopted. This process should be clearly outlined in the company’s grievance and disciplinary policy.

Investigation

If a complaint results in formal action, the investigation should include:

• Prompt and unbiased response
• Evidence collected from any witnesses
• Gathering both versions of events
• A realistic but prompt timescale
• Confidentiality

All of this should be recorded, including names of those involved, dates, the incident(s), what’s being done about it and if there is any follow-up or monitoring. All of which should all be kept confidential under data protection law.

Action

If a complaint is unresolved, it may require the relocation of one of the parties. Contract terms and conditions must be considered as if it is breached, there may be a claim for constructive unfair dismissal.

Do you need to create policies that help prevent harassment? Are you going through a harassment claim and could do with some advice? We can help! Get in touch today on 0161 603 2156 or email [email protected].

Following a dismissal claim, a recent employment tribunal ruled that ethical veganism should be a protected characteristic under the Equality Act 2010 as an ethical belief against discrimination law.

What is an ethical vegan?

An ethical vegan is someone who follows a vegan diet and is against the use of animals for any purpose. This encompasses everything from avoiding wearing clothing made from animal products, toiletries made by companies that perform animal testing and boycotting any firms that are involved with any use of animals solely for the benefit of humankind.

Equality Act 2010

Under this act, it is stated ‘belief means any religious or philosophical belief’, including lack of. The courts have since developed a definition of belief. To be a protected belief, it must:

• Affect how someone lives their life or views the world
• Be genuinely held
• Be an actual belief, not just an opinion
• Be based on a substantial aspect of life and behaviour
• Have a certain level of seriousness, importance, cogency and cohesion
• Be respected in a democratic society

This ruling was made following the case between Jordi Casamitjana, an ethical vegan, and his employer, League Against Cruel Sports (LACS). Jordi believed he was unfairly sacked after he disclosed that LACS invested in pension funds in firms involved in animal testing, but they said he was dismissed for gross misconduct.

The judgement

The judge ruled that ethical veganism qualifies as a philosophical belief under the Equality Act 2010 by satisfying tests including that it is worthy of respect in a democratic society, not incompatible with human dignity and not conflicting with the fundamental rights of others.

Due to this ruling and the potential changes that may come about, employers will need to be more aware of those with an ethical veganism belief, ensuring they don’t discriminate against them.

What can employers do to prevent discrimination?

There are three common areas in which discrimination for religion or belief can occur:

• Recruitment
• Taking time away from work for religious reasons
• Dress code and appearance

Managers should encourage equality, promote diversity and manage fairly throughout the organisation. To do this, employers are advised to have:

• An equality and diversity policy so everyone knows what is acceptable and what is expected of them
• An action plan for promoting equality and diversity in the workplace
• A process for assessing whether the policy and action plan are effective and producing the desired results
• A commitment to ensure any necessary adjustments are made to address equality, promote diversity and/or prevent discrimination

In summary there are numerous actions employers can undertake to help avoid discrimination about religion or belief in the workplace. Ensuring that access to training opportunities or promotion isn’t restricted due to religion or belief will keep employers operating within the law.

However, there are other changes that although not legal requirements will reduce the likelihood of discrimination such as promoting equal opportunities, where relevant ensuring all dietary requirements are catered for and ensuring that managers receive appropriate training on preventing, spotting and managing discrimination in the workplace. Ultimately the process should start as it means to go on with interviewers avoiding probing questions to do with religion or belief during recruitment and throughout employment.

Are you looking for ways to prevent workplace discrimination? Are you an employer currently dealing with a discrimination claim? Get in touch on 0161 603 2156 / [email protected] for further advice today.

 

The government has announced the pay rise that affects 2.8 million people when it comes into place from 1^st April 2020.

The National Living Wage will rise by 6.2% this year, which means an annual pay rise of up to £930 for a full-time worker.

National Minimum Wage will increase between 4.6% and 6.5%. 

National Living & Minimum Wage

Year	25 and over	21 to 24	18 to 20	Under 18	Apprentice
April 2019      (current rate)	£8.21	£7.70	£6.15	£4.35	£3.90
April 2020	£8.72	£8.20	£6.45	£4.55	£4.15

 

Statutory Sick Pay proposed to increase as of 6^th April 2020

From £94.25 to £95.85. 

Statutory Maternity, Paternity, Shared Parental and Adoption Pay proposed to increase as of 5^th April 2020

From £148.68 to £151.20 (or 90% of average weekly earnings if less than statutory rate).

It is up to the employer to keep 3 years’ worth of records (usually payroll) to prove that their workers are being paid at least the minimum wage.

With Christmas festivities in full swing, the annual office party booked and an abundance of mince pies to eat at home, it may be time to consider how employers could avoid unwanted disaster with tribunals this Christmas!

On top of organising the festivities for all the office to enjoy, employers must ensure that workplace polices are consistent, even outside of the office environment. Under health and safety laws, employers must take responsibility for employees’ actions.

Employees may think that the office party is the prime time to let their hair down and enjoy free drinks and food, however, confessing their undying love for Sally from Sales or picking a fight with Dave from Accounts might not be the most appropriate behaviour and will reflect badly on the company.

Follow these tips to avoid disaster and to have a very merry office party this winter!

Rewarding your employees

The annual Christmas party is a great opportunity for employers to show their appreciation for all their employees’ hard work throughout the year. Whilst it can be an expensive event with businesses spending over £955million (£40-70 being spent per person), some companies do not know if it’s worth splashing the cash as their employees may not truly appreciate the celebration. In a recent survey by Perkbox almost a third of employees admitted that they did not like the yearly party and that 23% would have preferred their employer organising a Christmas team meal instead.

However, research argues that companies that rewarded their employees over the festive period, found that almost 50% saw an improvement in employee motivation and productivity levels on returning to work in the New Year. Other surveys found that 1/3 of employees believed that a Christmas party is the least their employer can do to show gratitude for their efforts and the same amount of employees would feel as though they are less valued if the company does not offer one. So, not only is the Christmas party appreciated, but it is also important for morale, engagement and retention.

Understandably, employers worry that the Christmas party could be a tricky HR situation as they are vicariously liable for co-workers and employee behaviours. Therefore, if an employer chooses to undertake the yearly celebration, they must remember to invite all employees to avoid discrimination – even if employees are off on annual leave, maternity leave or long term illness. An employer may also want to reaffirm the conduct they expect at work events as well as informing their employees of unacceptable behaviour that won’t be tolerated.

Unacceptable behaviour and how best to prevent it

Employers must consider where the celebration will take place, the day, the time & what will be available to employees. Stating a timeframe will make clear how long the event will be. It’s also worth considering that if the event was held during the day there could be less risk for inappropriate behaviour compared to if it were taking place at night into the early morning. Most unacceptable behaviour springs from having one too many to drink, therefore, giving out limited free drink tokens as well as offering an abundance of free food and soft drinks can help to combat excessive drunkenness.

Examples of gross misconduct offences which will lead to disciplinary procedures

• Excessive drunkenness
• Illegal drug abuse
• Harassment & violence
• Serious verbal abuse
• Assault

Communication and Risk Assessments

Transparency is key when organising events for employees. Communication with senior managers about assessing the risk that a Christmas party may bring is crucial in order to proactively plan for any mishaps at the event and ensure employers know what procedures are in place in case of an emergency.

The relevant policies and procedures that should be in place will cover conduct at work related events including:

• Equal opportunity
• Disciplinary policies
• Anti-bullying, Harassment & Discrimination
• Disability policies
• Health & Safety

However, with policies in place and employees understanding their obligations at the Christmas party it is not uncommon for employers to be found accountable for their behaviours.

Tribunal Case examples

The Bellman vs Northampton Recruitment Ltd

This high-profile case was consistently in the news last Christmas and involved Mr Bellman (a sales manager) punching another colleague (Mr Major) after the work Christmas party. Mr Major thus retaliated punching Mr Bellman twice, which made him fall to the ground leading him to suffer traumatic brain damage and permanent impairment.

In the court hearing it found Northampton Recruitment vicariously liable for the employee’s actions against Mr Bellman. Mr Bellman is requesting a pay out of over £1million in damages for the harm caused to him. Therefore, even if an employee has taken the Christmas party festivities elsewhere, they are still responsible for the employee’s actions as it is considered an extension of the workplace.

Ms. Phillips vs Cameo Club

Bar manager Ms. Phillips suffered facial paralysis after one of her colleagues strangled her in a headlock. The tribunal found that she was unfairly dismissed after the employer failed to investigate or take her accusations seriously. Even with her colleague’s arrest for the incident, which was caught on CCTV, the employer shockingly still allowed him to work for the club and he did not face any disciplinary action. Consequently Ms. Phillips was forced to resign by her employer as they did not want to investigate the assault any further. Unfortunately, due to the negligence and bad management by the employer, Ms. Phillips suffered from PTSD and other health conditions and was rewarded £6,659 compensation.

And if the worst happens?

It almost goes without saying that the best way to minimise the risk of tribunals and vicariously liable situations is by reaffirming company policies and expectations prior to the annual party.

However should there be any issues following your company’s festivities, our dedicated and skilled team offer unlimited support and advice on how to manage employees who may be taking action against you.

For more information about the legal obligations associated with work events, for help in creating plans or for further advice on HR strategies, just book a free consultation or contact one of our Employment Law advisors on 0161 603 2156.

Spreading kindness ultimately leads to higher self-worth, health benefits and happiness. So, as we approach National Kindness Day on 13th November, why not add some kindness into employees’ lives?

A recent study found that performing acts of kindness boosts wellbeing and positive social emotions. The experiment involved 691 participants from 39 countries who performed acts of kindness every day for seven days to family, friends, peers, strangers and themselves. The results showed that kindness to all groups had a positive effect on the participants happiness, life satisfaction, compassion, trust and social connection. Most importantly the research discovered that these benefits increased as the kind acts increased.

But what does kindness mean to you? By definition it refers to the quality of being friendly, generous and considerate. Whilst this meaning may appear woolly, kindness obviously means different things to different people, however the Random Acts of Kindness organisation suggests there are three main types:

• Interpersonal Kindness
• Environmental Kindness
• Personal Kindness

So is kindness relevant in an office environment?

Yes. As well as making for a better place to work, a culture of kindness can also benefit the bottom line.

• Deepening positive emotional connections with others

Kindness is contagious. If a leader, colleague or employee is spreading kindness in the office, this then cultivates positive emotions, creating a more welcoming office environment.

• Creating a better workplace culture

The culture of a business is extremely important to boosting employee engagement, retaining talent and setting the expectations of how employees should act in the workplace. In a recent report focused on the state of the global workforce researchers found that on average just 15% of employees were actively engaged in their jobs.

The Zenger & Folkman study for the Harvard Business Review tracked 51,836 leaders and noted that the most likable leaders who expressed warmth were also the most effective. They suggest that those seen as low-warmth have a significantly smaller chance to make the top quartile of effectiveness as a leader.

Having kind leaders, colleagues and employees overall helps to improve positive business culture, creating a safe office environment where creativity and ideas are encouraged.

• Increasing sales

Deepening positive emotional connections in the office environment could lead to greater self-esteem and an increase in confidence will impact positively on sales. If employees truly back your business philosophy and are driven for success, this will lead to higher sales and better customer service.

A Case study by Happy or Not of more than 25,000 of its feedback terminals found that dissatisfied employees will drive customers away. Only 11% of consumers would consider buying from a company again after a bad experience with an employee and almost half would actively warn others against the organisation. This startling figure demonstrates how important employee satisfaction, wellbeing and engagement is for business.

• Environmental kindness

Environmental awareness is now headline news and the public is increasingly making decisions on whether to engage with a brand based upon it’s environmental ethos, whether that’s through purchasing a product or being interested in working for a particular business.

Having a clear vision about your company’s environmental impact and embedding a policy into your business will not only help the environment but will aid recruitment and retention.

Acts of Kindness everyone can perform in the workplace

• Greeting everyone in the office when walking in, a simple hello goes a long way
• Offering to make colleagues a drink
• Making time for colleagues who may need help or checking that they are ok
• Showing appreciation and recognition when colleagues have done a good job
• Being kind to yourself, whether that’s through giving yourself breaks or treating yourself
• Bringing in treats for employees, just because
• Celebrating key life events company wide
• Taking part in charitable & fundraising events

Implementing a training plan based around a well thought out and holistic colleague handbook will encourage a culture of kindness within the business.

If you would like to find out more about how Supportis can help you create training plans, policies or handbooks or any other HR and Employment Law issues please call one of our Employment Law Consultants on 0161 603 2156.

With the Financial Conduct Authority reporting that 4.1 million people in the UK are in serious financial difficulty, money management is a growing issue and seems to be getting worse year upon year. According to The Money Charity personal debt rose to £1663 billion in February 2019, an increase of almost £1000 per UK adult since the same time the previous year.

Talk Money Week is an annual celebration of the work of thousands of organisations aiming to improve money management in the UK. Beginning on the 12^th November, the aim is to encourage organisations and individuals to talk about money and share ways of changing habits in order to save money and make smarter financial decisions.

Causes of poor money management

Before we look at what poor money management means for businesses and their employees, we need to understand why money management is a problem in the first place.

Payment by plastic is on the rise whilst payment by cash is falling. UK Finance reported that in 2006, 62% of all UK transactions were paid for using cash. A decade later the figure had dropped to 40% and the estimated figure for 2026 is even lower once again at 21%.

Tapping a piece of plastic on a card reader registers less in our subconscious than physically handing over cash, making it easy to overspend using credit and debit cards which can create problems alarmingly quickly. Or is it simply that people aren’t budgeting? Failure to track how much you earn, save and spend makes managing your finances a guessing game. Unless you are 100% sure of how much you can set aside to spend, overspending is worryingly easy to do.

Poor money management effects employee wellbeing and productivity

The University of Southampton’s School of Psychology found that people in debt are three times more likely to suffer from some sort of mental health problem than those who aren’t. If employees have money problems weighing on their mind when they are at work they will be less engaged with the tasks at hand. Increased stress and a lack of focus reduces both productivity and efficiency which can eat into the profit of any business.

Absenteeism is of course damaging to businesses, however presenteeism can be just as bad. Employees with money problems often overwork, whether working through illness or overtime in order to make ends meet. Overworked or unhealthy employees can be just as harmful to productivity as absent ones as the quality of work drops when employees become fatigued from continuous long hours without a good work-life balance.

Supporting employees’ money management

With money management having such a significant impact on employee wellbeing, it is wise for employers to find out how they can support their employees in this area.

Financial wellbeing assistance programmes may not provide the immediate financial relief of a wage increase but they do help employees make smarter financial decisions in the future reducing the risk of continued poor money management. Implementing programmes like this also signals to the outside world that the business is a caring employer, which can improve employee engagement as well as talent attraction.

Reviewing the way your company reimburses employees for business related expenditure may also be beneficial, for example, providing corporate credit cards rather than employees needing to submit expenses forms retrospectively.

If there is the available budget there are plenty of ideas that will have a direct financial cost to the business like providing travel season tickets or free parking, however there are plenty of other schemes which will cost your business nothing but time such as negotiating employee discount schemes with local businesses or partnering with a local Credit Union to offer employee loans.

Of course, positive money management is only a small part of good mental and physical wellbeing, however the effects of poor money management are extensive to both employees and employers.

To find out more about how your business can support employees with their money management or to discuss other HR strategies your business can implement to keep your workplace happy please contact one of our Employment Law Consultants on 0161 603 2156 to see how we can help.