Data protection law DOES allow organisations to share personal information in an urgent or emergency situation, including to help them prevent loss of life or serious physical, emotional or mental harm.

The Information Commissioner’s Office (ICO) has published guidance intended to give employers more certainty about sharing their workers’ personal details in the event of a mental health emergency.

What is classed as a mental health emergency?

You may find a mental health emergency (or a mental health crisis) more difficult to recognise than a person’s physical health emergency. Symptoms of mental health emergencies can vary from person to person and it can be difficult to judge when a situation becomes an emergency.

For the purposes of this guidance, the ICO defines a mental health emergency as a situation in which you believe that someone is at risk of serious harm to themselves, or others, because of their mental health. This can include the potential loss of life.

Is mental health information different to health information under data protection law?

No, data protection law does not distinguish between them, and the definition of health information covers physical or mental health information. The same obligations apply to processing information about your workers’ mental health as their physical health.

ICO Head of Regulatory Strategy, Chris Hogan, said that the ICO wanted to reassure employers that, during a mental health emergency, they should share necessary and proportionate information without delay with relevant and appropriate emergency services or health professionals.

“It is a good idea to plan ahead,” he went on, “as this will help you to make well informed decisions if you need to. Our guidance will help you do that and includes useful case studies to illustrate how the law can work in practice.”

The new publication is part of a range of guidance produced by the ICO to help employers look after personal information in line with data protection law.

Supportis can help employers with all aspects of HR Employment Law and Health & Safety, including documentation/policy creation, amendments, management training and development. We have a team of experienced professionals who provide advice and support to thousands of employers.

To speak to our team and see how we can help your business flourish, contact us today on 0161 603 2156 or email us at [email protected]

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What steps can employers take to tackle poor mental health, specifically in younger employees?

A recent large study found young adults (18-24) have the worst mental health of any age group.

Over a third (34%) reported signs of depression, anxiety, or bipolar disorder, up from 24% in 2000. These mental health struggles can lead to lower-paying jobs or unemployment.

The study, funded by the Health Foundation, also showed young adults with mental health issues are more likely to be jobless. Between 2018 and 2022, 21% with mental health problems were unemployed compared to only 13% without. Young women were especially affected, with 41% experiencing poor mental health compared to 26% of young men.

What steps can employers take to tackle poor mental health, specifically in younger employees?

• Promote open communication: Create a safe space for young employees to discuss mental health concerns. This could involve training managers to have open conversations, offering anonymous feedback channels, or establishing employee resource groups focused on mental health.
• Normalise mental health support: Destigmatise seeking help by offering readily available resources. This could include implementing Mental Health First Aiders, Employee Assistance Programs (EAPs), access to mental health professionals, or online resources on stress management and coping mechanisms.
• Focus on work-life balance: Implement flexible work arrangements like remote work options, compressed workweeks, or predictable scheduling. This allows young employees to manage personal needs and reduce work-related stress. Alternatively, you could conduct an anonymous employee survey to find out whether employees would find it more beneficial having a mandatory office day, to encourage social stimulation and company on at least one working day.
• Promote healthy work environments: Encourage breaks, physical activity during the workday, and clear boundaries between work and personal life. Fostering a positive and supportive work environment can significantly impact mental well-being.
• Invest in mental health training: Train managers and HR personnel to recognise signs of mental health struggles and provide appropriate support. Training can also equip young employees with self-care strategies and stress management techniques. For example, we offer specific mental health eLearning courses. Contact us using the details at the bottom of this article to find out more.
• Offer financial wellness programmes: Financial stress is a major contributor to mental health issues. Consider offering financial literacy workshops, student loan repayment assistance, or access to financial counselling services.
• Provide clear career development opportunities: Young employees often experience anxiety about their future careers. Offering mentorship programs, clear career paths, and regular feedback can provide a sense of direction and purpose.

By implementing these strategies, employers can create a work environment that supports the mental well-being of young employees, fostering a happier, healthier, and more productive workforce.

Supportis can help employers with all aspects of HR Employment Law and Health & Safety, including documentation/policy creation, amendments, management training and development. We have a team of experienced professionals who provide advice and support to thousands of employers.

To speak to our team and see how we can help your business flourish, contact us today on 0161 603 2156 or email us at [email protected]

Check us out on Instagram and LinkedIn, we post bitesize news snippets and reminders every weekday for employers like you to stay one step ahead!

New Employment Law in April: What You Need to Know

Here’s a breakdown of the key changes to employment law coming into effect in April 2024:

No More COVID Leave Carryover: The rule allowing up to 4 weeks of unused leave to be carried over has ended. Use any remaining leave by March 31st.

Minimum Wage Increase: The National Living Wage (NLW) will now apply to those 21 and over, with new rates for all:

• NLW (21+): £11.44
• NMW (18-20): £8.60
• Young Workers (16-17): £6.40
• Apprentices: £6.40

Holiday Changes for Part-Time and Irregular Workers: Starting in April, holiday entitlement for these workers will be calculated based on a percentage of hours worked (12.07% per pay period), with a maximum of 28 days per year. Employers can also offer “rolled-up” holiday pay.

Easier Requests for Flexible Working: Employees can now request flexible work arrangements from their first day (no 26-week wait!). They can make two requests per year without explaining the impact on the employer and receive a response within 2 months.

More Flexible Paternity Leave: Dads can take statutory paternity leave any time in the first year, splitting it into two one-week blocks (previously had to be taken together).

Increased Protection from Redundancy: Pregnant employees and those recently on maternity/adoption leave will have extra protection from redundancy.

New Statutory Carer’s Leave: Employees with long-term caring responsibilities can take up to 5 days of unpaid leave per year (flexible scheduling allowed).

Statutory Payment Increases: Rates for maternity, adoption, and other related leaves will rise to £184.03, while Statutory Sick Pay (SSP) goes up to £116.75 (effective April 8th).

Supportis can help employers with all aspects of HR, including policy creation, amendments, management training and development. We have a team of experienced HR professionals who can provide advice and support to employers.

To find out more about Supportis, call today on 0161 603 2156 and speak to one of our friendly team about how we can help your business flourish.

Many UK employers are scrambling to understand how the extra day in February affects their payroll obligations, as failing to pay correctly could land them in legal trouble.

The key factor is how employees are paid:

• Hourly workers paid weekly: No change, as 29th February doesn’t affect the 7-day week.
• Hourly workers paid monthly: They’ll receive extra pay for working an extra day (21 instead of 20).
• Salaried workers: No extra pay, as their annual salary covers all working days (usually divided equally per month). However, unions argue for fairness as employers gain an extra day’s work.

Employers should:

• Check contracts: The answer “it depends” largely on the employment contract.
• Ensure NMW/NLW compliance: Pay must meet minimum wage for all hours worked, including on 29th February.
• Address near-minimum wage salaries: Top up pay if additional hours push salaried workers below minimum wage.
• Consider time off in lieu: This could mitigate minimum wage issues and employee concerns.
• Communicate changes: Inform employees beforehand if pay timing changes due to a later payday.

Employees cannot refuse to work on 29th February if it’s a normal working day, however, contact us on 0161 603 2156 or at [email protected] to see how we can help with queries like this and help your business flourish.

A new study has found that a large number of managers in the UK are “accidental managers,” meaning they were promoted to management positions without any formal training. This is leading to high levels of attrition, as employees are leaving their jobs because of negative work cultures and ineffective managers.

The study, conducted by the Chartered Management Institute (CMI) and YouGov, found that one in three people have left jobs because of a negative work culture, and half of those who say their bosses are ineffective plan to quit in the next year. Workers who rate their manager as ineffective are more likely to be planning to leave their organisation in the next 12 months than those who say their line manager is effective (50% vs 21%).

The CMI said that managers with formal training are significantly more likely to call out bad behaviour or report concerns of wrongdoing compared to those who have not had any training. Ann Francke, chief executive of the CMI, said that the report was “a wake-up call for a low-growth, low-productivity, and badly managed Britain to take management and leadership seriously”.

The research, titled “Taking Responsibility: Why UK plc needs better managers,” found that “accidental managers” are often promoted for the wrong reasons, with nearly half of managers surveyed (46%) believing colleagues won promotions based on internal relationships and profile, rather than their ability and performance.

While one in four people in the UK workforce holds a management role, only a quarter of workers (27%) describe their manager as “highly effective”. Of those workers who do not rate their manager, only a third (34%) feel motivated to do a good job and only one in four (25%) are happy with their overall compensation.

A large majority (72%) of those workers who rated their manager as effective felt valued and appreciated. This figure dropped to just 15% when the manager was rated as ineffective.

Francke said: “The picture of the UK economy in recent years has been a seemingly relentless drip feed of entrenched challenges, from stalled productivity, labour shortages, skills gaps, to instances of shocking behavioural failings by individuals and organisations that have catapulted the UK into the headlines for all the wrong reasons.

“Promotions based on technical competence that ignore behaviour and other key leadership traits are proving, time and time again, to lead to failings that cause damage to individuals and their employers, not to mention the wider economy’s performance.”

She added: “On a very practical level, skilled managers should be seen as a reputational insurance policy – they will help prevent toxic behaviours, they will call out wrongdoing and they will get the best out of their teams.”

The research found that 82% of managers who enter management positions have not had any formal management and leadership training – the so-called “accidental managers” – and 26% of senior managers and leaders had not received management or leadership training.

The study also revealed divides among managers across gender, ethnicity and socio-economic backgrounds. Male managers (22%) were significantly more likely than women (15%) to say they had already learned enough about management, and managers from lower socio-economic backgrounds (57%) were more likely than managers from higher socio-economic backgrounds (48%) to say that they did not have management and leadership qualifications.

Managers from white ethnic backgrounds were also more likely to say that their manager treats them fairly and with respect (81%), compared to those from non-white ethnic backgrounds (70%).

Lessons for employers:

• Invest in formal management and leadership training for all managers, regardless of their level of experience. This will help to ensure that all managers have the skills and knowledge they need to be effective leaders.
• Promote people to management positions based on their ability and performance, rather than their internal relationships or profile. This will help to ensure that managers are selected for the right reasons.
• Create a culture of transparency and accountability in the workplace. This will encourage managers to call out bad behaviour and report concerns of wrongdoing.
• Provide managers with the support they need to succeed. This may include providing them with access to resources, training, and coaching.

By taking these steps, employers can help to reduce the number of “accidental managers” in the workplace and create a more positive and productive work environment.

Supportis can help employers with all aspects of HR, including implementing promotion policies and management training and development. We have a team of experienced HR professionals who can provide advice and support to employers.

To find out more about Supportis, call today on 0161 603 2156 and speak to one of our friendly team about how we can help your business flourish.

A former Citibank analyst, Mr. Fekete, was fired for gross misconduct after he submitted an expense claim that included meals for his partner. He had told a colleague that he would be taking his partner on the trip, but when he submitted his expenses claim, it was clear that he had claimed for meals for two people. He initially tried to explain away the receipts, but eventually admitted that he had lied.

Citibank investigated the matter and found that Fekete had breached the company’s expense management policy. He was invited to a disciplinary meeting, where he argued that he had been having personal difficulties and was on strong medication when he submitted the false expense claim. However, the company found that Fekete had deliberately lied and dismissed him for gross misconduct.

Fekete took Citibank to an employment tribunal, claiming unfair dismissal and wrongful dismissal. However, the tribunal found that Citibank’s decision to dismiss him had been a proportionate response. The tribunal also found that Citibank had acted in a procedurally fair manner throughout the disciplinary process.

Lessons for employers:

Have a clear and concise expense management policy in place. The policy should clearly state what types of expenses are reimbursable and what types of expenses are not. It should also be clear who is eligible to claim expenses and how expenses should be submitted.

Investigate all allegations of expense fraud thoroughly. Employers should take all allegations of expense fraud seriously and investigate them thoroughly. This may involve interviewing employees, reviewing receipts, and conducting other forms of evidence gathering.

Be fair and consistent in disciplining employees for expense fraud. If an employee is found to have committed expense fraud, the employer should discipline them in a fair and consistent manner. The severity of the discipline should be proportionate to the seriousness of the offense.

Provide employees with the opportunity to explain themselves. Before disciplining an employee for expense fraud, the employer should give them the opportunity to explain themselves. This will help the employer to understand the circumstances of the offense and to determine the appropriate disciplinary response.

In the Fekete case, Citibank followed all of these steps. The company had a clear and concise expense management policy in place, and it investigated the allegations of expense fraud thoroughly. Citibank also gave Fekete the opportunity to explain himself before disciplining him. As a result, the employment tribunal found that Citibank’s decision to dismiss Fekete was fair and proportionate.

Supportis can help employers with all aspects of HR, including implementing policies to promote diversity and equality in your workplace. We have a team of experienced HR professionals who can provide advice and support to employers.

To find out more about Supportis, call today on 0161 603 2156 and speak to one of our friendly team about how we can help your business flourish.