In the past year, 74% of people have felt so stressed they have been overwhelmed or unable to cope. The Mental Health Foundation study also worryingly found that, of the previous statistic, 32% of adults had experienced suicidal feelings as a result of stress.

Stress affects everybody at some point; a little stress can be a good thing and help to push us out of our comfort zone. However, excessive amounts of stress can be detrimental to our health and wellbeing. We’ve put together some ideas below that are easy to implement which along with the ability to spot when an employee is struggling can enable an employer to proactively support and effectively manage stress in the workplace.

Consult your employees

Familiarise yourself with the factors that are making your employees stressed. Common stressors usually have practical solutions and can be fixed, for example,

• Lack of appropriate equipment
• Adapting your management style to suit employee personality types
• Improving supervisor feedback and general communication

A recent survey produced by GloboForce found that 89% of HR leaders agree that ongoing peer feedback and check-ins are key for successful outcomes. Being open and honest about how you believe your employees are doing allows good two-way communication skills, builds respect and reduces uncertainty about employees’ jobs and futures.

Give employees opportunities to participate in decisions

• Getting employee input on work affairs will increase engagement

Employees who feel their voice is heard are 4.6 times more likely to feel empowered to perform at their best and will aid the wider push for equality and inclusion in the workplace. As an aside, data also suggests that companies with greater gender and ethnic diversity consistently outperform the competition.

Avoid unrealistic deadlines

• Make sure the workload is suitable to your employees’ abilities and resources
• Clarify your expectations
• Clearly define employees’ roles, responsibilities, and goals
• Make sure management actions are fair and consistent with organisational values

In an annual survey on job exodus trends, 42% of the 2000 polled say that they are thinking of leaving due to poor management – making it the second most popular reason for a potential move.

Offer rewards and incentives

• Praise work accomplishments verbally and company-wide
• Schedule potentially stressful periods followed by periods of fewer tight deadlines

A recent survey produced by Deloitte which involved 16,000 professionals from 4,000 companies in 101 countries found that cash rewards were not the only important recognition. Across status, generations and genders, the most valued type of recognition is a new growth opportunity. The survey also found that big wins aren’t the only thing people want to be recognised for. It’s also important to recognise the effort they put in, their knowledge and expertise and commitment to living the organisation’s core values.

While many employees enjoy and are motivated by challenges, ensuring that these are achievable and reasonable will help ambitious employees achieve more. When setting targets, assess each employee ensuring you get the right balance between motivating employees and overloading them with a workload they will not be able to manage.

Having a proactive policy in place to deal with stress will avoid employees going into ‘burnout’ and impacting negatively on the performance of the business.

If you’d like to find out more about how to implement strategies for minimising stress in your business or for further advice on managing employee stress contact one of our Employment Law Advisers on 0161 603 2156 to arrange your free initial consultation.

The Parental Bereavement Leave and Pay Act 2018 has now been passed by royal assent. It is expected to come into force in 2020 and will give all employed parents the right to 2 weeks’ leave if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy. Parents will also be able to claim pay for this period, subject to meeting eligibility criteria.

Support in the Workplace

The behaviour and attitudes of employers and colleagues is crucial and will affect how well parents and their partners cope with their bereavement and how soon they feel able to return to work.

One policy fits all does not apply to these situations. Parents will be going through immense emotional distress and can often become depressed. Offering a supportive management style as well as complying with maternity and paternity considerations will enable employees to receive the right support and care.

Different Types of Bereavement

Employers should find time to educate themselves on pregnancy complications which an employee may unfortunately experience. Parental bereavement can include:

• Miscarriage
• Ectopic Pregnancy
• Still Birth
• Neonatal
• Infant Death
• Termination of pregnancy

Over 11,000 ectopic pregnancies leading to the loss of a baby occur per year and about 9 babies every day are lost through still births. If parents experience the loss of their baby, they still can be entitled to maternity and paternity leave if they meet the normal qualifying conditions.

Understanding Statutory Maternity Pay and Maternity Allowances enables an employer to ensure employees receive all the financial support they are entitled to. However, if an employee has experienced a miscarriage they can ask for compassionate leave, sick pay, annual pay or unpaid leave.

Legal Considerations

Pregnancy and work obligations are a tricky and complex area and an employer may find themselves faced with tribunals if they have not complied with employee rights. In a recent case Mrs Loubser was considered at high risk with her pregnancy and was signed off work early by her doctors, however, when asking to return to work she was turned away from her employer. She won £17,000 in her tribunal case which was largely due to sex discrimination and unfair dismissal. Negative attitudes towards pregnancy are not uncommon however, as one in five mothers report having experienced harassment or negative comments because of either pregnancy or flexible working; scaled up to the general population this could mean as many as 100,000 women a year.

Law states that companies must pay time off for antenatal appointments and consider that those more at risk of miscarriages will have more than usual. However an HMRC survey found that 10% of mothers – 53,000 women – said their employer discouraged them from attending antenatal appointments, putting their health at risk.

Despite recent advances, employer attitudes still need to be changed. 41% of employers agreed that a woman’s pregnancy puts an “unnecessary cost burden” on the workplace whilst 59% believe women should disclose if they are pregnant during the recruitment process. However, the cost to employers of women being forced to leave their job as a result of pregnancy and maternity-related potential discrimination or disadvantage was estimated to be around £278.8 million over the course of 2016 which compared to supporting expectant mothers is a vastly increased cost burden.

Losing a child is unimaginable for many, however, for some it is the reality. Having policies in place and creating plans of how to support employees who find themselves in this situation will help remove unnecessary stress. Our team can tell you more about the legal obligations associated with pregnancy and loss and create plans or provide advice on HR strategies, just book a free consultation or contact one of our Employment Law advisors on 0161 603 2156.

Fire Door Safety Week may not be one of the most recognised national weeks, however, it is certainly an important one. In support we’ve highlighted some simple checks employers can undertake to help protect employees and businesses, as well as examples of businesses with serious failings around fire safety including some who, despite remaining compliant, still suffered substantial losses as a result of fire.

There were 177,844 fires in the UK in 2018 with 6,902 non-fatal casualties and 261 fatal. Fire doors are one of the first lines of defence for protection from serious harm.

Raising Awareness

Fire doors help to contain fire and prevent harmful smoke from spreading. However, they are often the first thing to be downgraded on a specification and then mismanaged throughout their service life.

Unsurprisingly, in 2018 over 1 billion pounds was paid out for fire-related property insurance claims in the UK alone. Ensuring that you have installed, maintained and checked your fire doors regularly helps protect people, buildings and equipment.

Five Step Fire Door Check

• Label
  Confirm that each door is certified and that the instructions are correct. Fire doors usually provide 30, 60, 90 or 120 minutes’ worth of protection & this will be clearly shown on the label.
• Gaps & seals
  Check that seals are intact with no signs of damage. Gaps should be less than 4mm around the door frame with the gap under the door no larger than 8mm  – you shouldn’t be able to see light under the door.
• Hinges & Closers
  Check the closer shuts the door onto the latch from any position. The hinges should be CE marked and firmly fixed with no missing screws.
• Glass & Glazing
  Check the seal is continuous and attached to the glass and bead. The glazing beads are attached firmly to the frame and shouldn’t be damaged and glass should be intact.
• Leaf, Frame & Operation
  Check the door closes firmly onto the latch without sticking on the floor or the frame. Ensure the door closes correctly around all parts of the frame.

The Law states that if you employ five or more people (even if some of them work remotely) a regularly reviewed fire risk assessment is an absolute must. Employers are responsible for carrying out a fire risk assessment of the premises, planning for any risks and notifying employees of any risks found whilst providing employees with training from day one.

Engage & Educate

With over 3 million new fire doors purchased and installed every year in the UK it is clear that businesses are realising the importance of implementing prevention and protection methods in the workplace, possibly galvanised by examples where companies have been fined for a failure to provide adequate fire safety precautions…

• The Tooting care home, Gold Care Consultancy Ltd, was fined £100,000 for serious fire safety failings. A pensioner sadly died in the incident after a fire broke out in her room after the care home failed to have a fire risk assessment & policies in place.
• Derby Court Hotel owner was fined £38,000 and given a 6 month suspended jail sentence. He put tenants at risk of serious injury or death after an inspection found numerous fire safety failures. In particular, the fire doors were either found to be jammed, poorly fitted or damaged. As well as this, the fire alarm was faulty and a risk assessment was over a decade outdated.
• A luxury Cheshire hotel was fined £75,000 for serious fire safety breaches which could have caused serious injury or death to customers. The court heard that on the third floor of the luxury hotel there was not a single working fire alarm, there were faulty smoke detectors and substandard fire exits. Employees had also not been properly trained in fire safety by managers.However, even when companies have fire safety regulations in place, serious damage from fire can culminate in deadly costs:
• The online delivery firm, Ocado, revealed that a fire which broke out in its Andover warehouse cost the company £110 million. The company had adequate fire precautions in place, however, the extent of loss for the company shows that more can be done to help protect assets from fires. Perhaps if there were more fire safety precautions in place the outcome would have been less severe.
• The luxury Mandarin Oriental hotel had just undergone a £185 million restoration after a fire broke out just after the completion. 120 firefighters and 20 engines fought the fire for nearly 6 hours, whilst the destruction led to the hotel closing again.

Training is Key

A regularly updated Health and Safety policy coupled with training is the easiest way to enable your employees to fully engage with fire safety practices.
If you would like advice on an employee engagement programme or would like assistance with any aspect of Health & Safety contact one of our Employment Law Consultants on 0161 603 2156.

 

October is ADHD Awareness Month, which aims to educate the public by sharing scientific research about ADHD (Attention Deficit/Hyperactivity Disorder), making it an optimal time to look at ADHD in the workplace as well as how disability discrimination can occur, the obligations of business regarding disability discrimination and what can be done to make the working environment friendlier to people with disabilities.

Since the Equality Act was passed in 2010, there is now more pressure than ever on businesses to act appropriately for their disabled employees.

How Disability Discrimination Occurs in a Business Environment

Discrimination in the workplace tends to occur in one of two ways; directly, or indirectly.

Direct discrimination involves treating an employee less favourably due to their disability, perceived disability or association with somebody with a disability. For example, dismissal of an employee solely due to their disability is considered direct discrimination, and since the Equality Act was passed, it is now unlawful. Firms in breach may face legal action or employment tribunals, both of which carry large financial burdens and as a result can severely damage profits.

Indirect discrimination differs slightly. It involves a workplace practice having a more significant impact on a disabled person than an able person, something businesses need to be wary of. Of course businesses that appear to be discriminating against current employees or job applicants can face tribunals and see their reputation ruined, however in some cases indirect discrimination is justifiable. For example a person with a severe back problem applying for a job that may involve heavy lifting can be justifiably turned down. In order for this to be lawful under the Equality Act though, the business must prove ‘objective justification’ for the decision. To do so they must demonstrate ‘a proportionate means of achieving a legitimate aim’.

ADHD in the Workplace

ADHD itself is a condition affecting attention, impulsiveness and hyperactivity. According to a study conducted by the World Health Organisation, of 7000 employees in 10 different countries who were surveyed, 3.5% were found to have ADHD. It is important for businesses to consider what skills people with ADHD can bring and how to capitalise on these strengths to get the best out of their employees.

Although the Equality Act recognises ADHD as a disability, those with the condition can bring an array of unique skills to all kinds of businesses. The ability to ‘hyper-focus’ on tasks they are interested in means that they can provide above average efficiency and productivity. As such, they are often best suited avoiding repetitive, monotonous tasks and may benefit from working in a group to avoid long periods of isolation.

They also have the ability to think outside the box due to their creativity. This allows them to provide fresh ideas to businesses in all facets, from production processes to product development ideas.

Obligations of Employers

Often workers with a disability require adjustments to be made to the workplace. These changes are referred to as ‘reasonable adjustments’ and may be based upon how things are done in the business, actual physical changes to the working environment or the provision of extra assistance or equipment. By law, any adjustments requested by a disabled employee or disabled job applicant must at least be considered by the employer. If the changes are deemed to be reasonable, the employee must ensure that suitable changes are made in order to not disadvantage employees with a disability. For people with ADHD, reasonable adjustments may include regular checks to ensure the employee is interested in the tasks they have been set, or adding more short breaks into their day to break up their work into manageable parts and avoid boredom.

Naturally businesses want to know as much about applicants as they can when advertising jobs, however since the Equality Act was passed there are now several rules that employers must abide by. Knowing about the general health of an applicant may seem necessary for ultimately deciding who to hire, however businesses can’t just ask whatever health questions they want. By law, employers are only permitted to ask health related questions to ensure applicants can carry out the essential functions of the job. Applicants who feel that they are being asked health questions unlawfully can take the employer to a tribunal or even complain to the Equality and Human Rights Commission. Further health questions can only be asked after the job has been offered to the applicant.

Making a Friendly Working Environment

Showing an understanding of and supporting employees with a disability can go a long way. Research from the National Resource Centre on ADHD found that somewhere between 25-40% of adults with ADHD also have an anxiety disorder as well. Allowing employees with ADHD to delegate non-core aspects of their job that they find more difficult or stressful can reduce pressure and relieve stress, allowing them to minimise overall anxiety and maximise productivity at work.

Disabled employees are often afraid to talk about their disability out of fear being viewed as a less capable employee and the effect it may have on their career progression. Ensuring confidentiality by clarifying with the employee exactly who can see their occupational health assessment (or other health related information) can ensure staff feel valued by their employer and also helps to build trust.

If you require any further information regarding human resource management or would like know more about how Supportis can help you, call one of our Employment Law Advisers on 0161 603 2156.

October 10^th 2019 marks World Mental Health day, giving businesses an opportunity to start a conversation and spread awareness on the topic.

Mental health is a problem for many people across the UK. So much so, the NHS has reported that 1 in 4 people in the UK suffer from some sort of mental health problem each year and for people suffering with these issues it is impossible not to carry them into the workplace.

The Role of Mental Health in the Workplace

Retention and attraction of highly skilled employees is a fundamental part of succeeding as a business; those who feel supported by their employer with regard to their mental health are likely display loyalty and recommend their employer to others. The mental health charity, Mind, recently carried out a study which found that 60% of employees said they would be likely to recommend their organisation as a good place of work if their employer took action to support their mental health.

Mental health problems have a strong correlation with low levels of employee satisfaction, which in turn link to low levels of productivity. Employees whose minds are preoccupied with external stresses are unable to perform tasks to their best ability and performance at work may fall below par. A 2015 study by the Social Market Foundation even found that employees who are happy at work are 20% more productive than those that aren’t.

Mental Health as a Disability

Many employees with mental health issues feel unsupported by their employer and are more inclined to leave their organisation, a statement that is supported by research from Mind which reports that 42% of employees with mental health issues considered resigning due to workplace stress, while 14% actually did resign for the same reason. These employees may feel that they are treated differently due to their mental health and stress-related problems and leave as a result, but there is a key point to highlight here.

The Equality Act 2010 classes certain mental health problems as a disability (those that have lasted at least 12 months), giving the employee the right to take their employer to an Employment Tribunal on the grounds of discrimination. Employment Tribunals carry significant financial and reputational costs which can diminish profits and goodwill.

Supporting Mental Health at Work – The 6 ‘Core Standards’

Maintaining the sound mental health of employees is undoubtedly in the best interests of employers, but putting actual workplace schemes in place is easier said than done. In 2017, the government commissioned a report, Stevenson-Farmer’s ‘Thriving at Work’, independently reviewing the role that employers play in supporting individuals with mental health issues at work. The report was made by Lord Dennis Stevenson as well as Mind’s CEO Paul Farmer, in which it sets out six ‘core standards’ that businesses should put in place to ensure the sound mental health of their employees:

• Implementing a Mental Health at Work Plan

The first of the core standards, this involves creating a healthy working environment and a workplace culture of openness. The idea is to encourage employees to come forward with their mental health problems and look to their employer for help rather than bottle up their problems through fear of them being disregarded or even concerns about being looked down upon.

• Developing Mental Health Awareness

Educating all employees about the problems some people face with mental health allows them to be more sympathetic and understanding when colleagues’ performance at work may fluctuate. It also means they can better support colleagues rather than letting them suffer in silence.

• Encouraging Open Conversations

The first step to dealing with mental health problems is to encourage employees to open up in the first place. Once problems are out in the open, employer and employee can begin to work together to find the right solution.

• Ensuring Employees’ Hours are Suitable

Poor work-life balance is a major cause of work-related stress. Giving employees more time to switch off away from work allows them to temporarily put the stresses of their job to the back of their mind. Upon returning to work, employees will feel more relaxed and motivated which boosts their morale, contributing to a healthier mental state.

• Promoting Effective People Management

Getting the most out of an employee is virtually impossible without knowing them as a person first. Taking an interest makes employees feel valued, contributing to better mental health, allowing employers to get the best out of each employee.

• Continuously Monitoring Mental Health

Mental health is an ongoing issue that anyone can begin to suffer with at any time, even those who appear to be the most confident or enthusiastic. Routinely monitoring employees, potentially through monthly 1-2-1s allows any mental health related problems to be identified early and dealt with quickly.

Conclusion

Although it may not seem obvious, employment and time at work can have a huge impact on the mental health of employees. That’s why this World Mental Health Day is a great opportunity to see what HR adjustments your business can make to support the mental health of your employees.

For further advice on HR strategies, plans or management or for any other employment law advice, contact one of our Employment Law Consultants on 0161 603 2156 to see how we can help.

For the majority of businesses in the UK, payroll makes up the largest part of expenditure so it’s vitally important to understand exactly what it consists of.

Payroll entails the management of BACS payments (automated direct debit or credit payments often used to pay employees) and includes calculating overtime which often changes month to month. Pay as you earn (PAYE) and National Insurance contributions (NIC) are also included, where relevant, totalling £250bn in the 2017/18 tax year according to HMRC.

Managing payroll effectively is of huge importance

Keeping employees happy and motivated at work is one of the most important factors to creating a successful business, and effective payroll management can help to achieve this. An efficient payroll system reflects a commitment to employees and recognises them as a valued part of the business. If there are problems with payroll leaving employees underpaid for example, this will leave them disheartened and annoyed, causing damage to morale and overall productivity.

In more severe cases, employees may even file an Employment Tribunal claim, something that has become much easier for employees to do since Employment Tribunal fees were abolished in 2017 and carries extensive financial costs to the business.

Clearly it is vital for businesses to stay up to date with updates to the National Minimum Wage and National Living Wage in order to ensure all employees are paid what they are owed, such as the recent increase to the National Minimum Wage on 1^st April.

Ineffective payroll management can have further non-financial effects as well. Underpaid employees are likely to speak out about their frustration leaving their business’ reputation severely tarnished. Although this may not carry direct financial costs, it affects the ability to attract the most skilled workers which can impact on recruitment costs and productivity in the long term.

Smart payroll management can separate a business from its competitors

Payroll giving is a scheme frequently used  by UK businesses whereby employees who receive their salaries through payroll are able to give an agreed tax free sum to a charity of their choice. According to the Charities Aid Foundation, only around 0.2% of employers in the UK offer payroll giving schemes to their staff, meaning that it is a great way to gain an edge over competitors. In competitive sectors the image of a business may be what holds it in higher stead than its rivals in the minds of consumers and potential employees alike; associating with charitable organisations can enhance your business’ reputation, allowing you to get ahead of your rivals.

The future of payroll and what it means for businesses

In recent years the payroll industry has become much more automated, largely due to its cost effectiveness and efficiency. However since the General Data Protection Act (GDPR) came into effect on 25^th May 2018, replacing the Data Protection Act, firms using automated systems have had to become increasingly aware of legislation regarding data protection in their payrolls.

Part of the introduction of the GDPR is the removal of the administrative fees of submitting a Subject Access Request (SAR). SARs involve employees requesting their personal data, including;

• What data the business holds on them
• Why they hold it, and
• Who the data is disclosed to

Payroll automation is founded on employee data being consistently available across interfaces, causing a grey area and potential conflict with SARs.

Since the introduction of the GDPR, there have been nearly 35,000 complaints submitted to Data Protection Authorities (DPAs) at a rate of 51 per 100,00 people. Although this may not seem like many, it more than doubles that of the next highest of European countries (Germany at around 15,000). This is of huge importance to UK businesses as a breach of GDPR laws can subject them to fines of 4% of annual global turnover, or up to £16.5million. Considering that there were around 12,000 breach notifications submitted to DPAs within the first year of its introduction, business need to ensure they are aware of their responsibilities on data protection in their payrolls.

If you require any further advice regarding Payroll, Subject Access Requests or other HR & Employment Law issues, contact one of our Employment Law Consultants on 0161 603 2156.