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December, 2008 To all our clients and readers, a very happy Christmas from your happy team of HR Advisors!
An Everyday Story of HR Folk!
You know you've been in HR too long when .......
Domestic Violence and Work . . .
It IS Your Business
Whistleblowing hits the headlines again
Baby P case raises awareness of whistleblowing procedures
Race Relations Act 1976 (Amendment) Regulations 2008
Come into force on 22nd December 2008
The heat is on……
Employers and employees could be jailed for health & safety offences from January 2009.
Fair Selection for Redundancy
E-Zec case defines requirements for ensuring fair selection process in redundancies
You know you've been in HR too long when ................ . Stressed HR Advisor goes to see psychiatrist Trying to inject a little festive enthusiasm, psychiatrist tries word association: . Psychiatrist: "Father Christmas?" HR Advisor: "Stress case waiting to happen, manual handling issues ....." Psychiatrist: "Presents?" HR Advisor: "Possible taxable benefits ......" Psychiatrist: "Elves?" HR Advisor: "Working the bank holiday, so time off in lieu ....." Psychiatrist: "Rudolf the red nosed reindeer?" HR Advisor: "Harassment and discrimination" Psychiatrist: "Sleigh?" HR Advisor: "Hands free kit installed? Can he use it outside working hours?" Psychiatrist: "Brandy butter?" HR Advisor: "Drug and Alcohol testing ...." Psychiatrist: Roast turkey?" HR Advisor: (hysterically) "Corporate manslaughter ..." Psychiatrist: "I think I need to sign you off sick!" HR Advisor: "Could I have one of those new well notes instead?"
Some shocking statistics74% of employed women suffering domestic violence are harassed at their workplace. 31% are harassed in the car park. On average a woman is assaulted 35 times before she reports the problem to the Police. 1 in 4 women experience violence from their current partner. What is domestic violence in the workplace?Domestic violence in the workplace is a broad concept that encompasses behaviour that occurs both on and off the worksite. It includes all behaviour that interferes with an individual’s capability to safely & securely perform her or his duties at work. It includes all kinds of conduct – ranging from harassing or repeated telephone calls, texts, or emails at work, to the perpetrator harassing, stalking, assaulting and, in some cases murdering the victim and/or colleagues at the workplace. It also includes conduct outside the workplace that prevent your employee from performing her/his tasks at their highest capacity. We will review some of these tactics shortly. Why is it our business?The Health and Safety Executive clearly state that employers have a legal obligation to ensure the health, safety and welfare at work of employees and must assess the risks and make arrangements for health and safety (including domestic violence). Our employees are the most valuable asset in any business. We have a moral and legal duty of care to ensure their health, safety and welfare while they are at work. In addition to the negative impact it has on their work performance, if our employees are living with harm or threats of harm from a current or former intimate partner or family member, they (and their colleagues) are also at increased risk of harm in the workplace. In addition to the human costs, the annual financial cost of domestic violence in Suffolk has been estimated to be over £318 million when loss of victim’s earnings are taken into consideration (Suffolk County Council).
What can we do about it?
First and foremost, we can become informed. Without accurate information and understanding, our best intentions can often cause more harm. By increasing our knowledge and our ability for early recognition and effective intervention, we can make a very positive difference to individual lives, to the corporate culture and to improving company performance.
What is domestic violence?
Domestic violence is any coercive, intimidating behaviour that is designed to establish & maintain dominance and control over an intimate partner or family member. This pattern of behaviour is recurrent and, without effective intervention, will escalate in frequency and severity.
According to the Home Office, ‘domestic violence occurs across society, regardless of age, gender, race, sexuality, wealth and geography. The figures show, however, that it consists mainly of violence by men against women. Victims of domestic violence suffer on many levels - health, housing, education - and lose the freedom to live their lives how they want, and without fear.’
How does domestic violence impact the workplace?
By interfering with his/her partner’s ability to attend work, perform and/or succeed at work is just one more way an abuser displays and exercises power and control over the abused partner or family member.
All forms of abuse erode an individual’s confidence, sense of esteem and self worth. This affects emotional, physical and spiritual health and well-being. This can obviously result in reduced personal effectiveness and productivity at work. As I describe various forms of abuse, think about how this might affect an individual and her / his ability to perform their best at work.
If we are employing the perpetrator s/he may be using company time & resources to locate, harass, stalk, terrorise and harm his/her (ex)partner / family member. This leads to further loss of productivity, loss of work due to legal procedures, an increased risk of homicide / suicide and corporate liability.
Keep in mind that both the perpetrator and the victim may work within your company. Can you now start to see the danger, challenges and opportunities in that situation?
Signs and risk factors that may indicate an employee is experiencing domestic violence
Early recognition of domestic violence and appropriate information, assistance and intervention may well reduce and prevent the escalated abuse an employee may be subjected to by a violence (ex)partner or family member. This then reduces the amount of work lost or reduced productivity and the resultant burden on colleagues.
However, it is difficult for many people to talk about so it is unlikely to be easily disclosed to supervisors or colleagues. Some of the indications that an employee may be experiencing abuse at home include:
- tardiness or increased absenteeism which is uncharacteristic, or requests for exceptional work hours (come in later; leave earlier, etc.)
- inappropriate or excessive clothing
- unexplained bruises or other injuries (or explanations that do not fit the injury)
- increased anxiety, tiredness, distraction, difficulty in concentrating
- depression
- change in quality of work performance
- avoiding socialising with colleagues outside of work
- reluctance to go for promotions even though she/he is well qualified for the position
- receiving upsetting and repeated telephone calls, texts, email, etc.
- victim of vandalism and/or threats
- needing time off for appointments
Signs and effects of domestic violence will vary greatly, but if domestic violence is suspected, any discussion about the employee’s situation should take place in a location that offers privacy. Any questions should be asked with care and sensitivity. Explain that as far as possible, confidentiality will be respected. As far as possible, information should not be divulged about individual employees without their permission. Even with their permission, carefully decide how much information needs to be disclosed, on a need-to- know basis only.
The times when confidentiality will be breached should be clearly publicised and advanced notice should be given to the employee – i.e. if there is risk to a child and/or if there is risk to life.
Your role in ending domestic violence
- be aware
- be informed
- be a good role model
- develop and implement policy and procedures
- create an environment where employees know they can seek assistance
- listen
- be familiar with available supporting agencies and resources in your community and provide options
- help with safety plan and resources
- document
- working to end domestic violence in the workplace will improve safety, well-being and productivity within your organisation.
If you would like further information, training or assistance in developing domestic violence policies in your workplace, contact Picasso HR. Telephone 01473 890 037 or email info@picassohr.com.
Violence represents only the tip of the iceberg. Victims are likely to suffer any combination of :
- emotional abuse
- physical abuse
- sexual abuse
- financial abuse
- isolation
- selective destruction of property and pets
The tragic case of Baby P, which has been dominating the news recently, has highlighted again the issue of whistleblowing. In this case, a social worker from the troubled Haringey Council claims she had tried to warn her employers about the risks to the welfare of the baby six months prior to his death. The social worker subsequently took the Council to tribunal, claiming she was the victim of discrimination as a result of the whistleblowing. Haringey subsequently settled out of court for an undisclosed sum. So, what constitutes a whistleblowing disclosure and how should you handle one?
What are the valid reasons for making a disclosure?
The following are recognised in law as being valid areas about which to make a disclosure:
- criminal offences
- failure to comply with a legal obligation
- miscarriages of justice
- threats to people's health and safety
- damage to the environment
- deliberate covering up of information tending to show any of the above.
An employee must have a reasonable belief that one or more of the above have happened, are about to happen or are likely to happen, before making a disclosure.
Who are the people to whom a disclosure can validly be made?
The employee can make a disclosure to their employer, legal advisers, or a recognised external body such as The Environment Agency, the Financial Services Authority, the Serious Fraud Office or the Health and Safety Executive. However, the employee is unlikely to have legal protection if they make their disclosure to the press first, without previously raising the concern with the employer or appropriate external body.
What do I do if an employee makes such a disclosure?
If an employee makes a disclosure, you should look to investigate the matter effectively and efficiently, while protecting the whistleblower's identity if they require this. The whistleblower is also protected by law from harassment or discrimination for making a disclosure, so you as employer are responsible for ensuring that they are not victimised. Ensure you deal with the disclosure in accordance with your own whistleblowing policy, if you have one.
What legal protection does a whistleblower have?
It is automatic unfair dismissal to dismiss a worker for making a qualifying disclosure in good faith. The employee may claim automatically unfair dismissal whether they have one year’s continuity of employment or not. The compensation is also uncapped. The employee is still protected by legislation when they are found to be mistaken in their belief of wrongdoing, as long as they have made the dsiclosure in good faith.
Research has shown that employers who operate a whistleblowing policy are less likely to be taken to tribunal over this issue, so if you don't have such a policy, contact Picasso HR and we can produce one for you.
The Race Relations (Amendment) Regulations come into force on 22nd December this year and are intended to cover "deterred applicants". In other words, people who are put off applying for positions due to an implications that they will suffer discrimination. The regulations would only cover those people who would genuinely have been interested in applying for the position and they would need to be able to demonstrate that they have been disadvantaged in order to achieve a successful claim. To avoid falling foul of these regulations, employers need to tread carefully when wording job advertisements to ensure that they appeal to all sectors of the population and do not deter any potential applicants. Picasso HR advisors can provide help and advise in drafting your recruitment advertisements. Contact us on 01473 890037 for further information.
From 16 January 2009 employers as well as employees will be at risk of being jailed under the Health & Safety Offences Act 2008 for most H & S related offences. As an employer you will be aware of your responsibilities under health and safety regulations, which are considerable. But are your employees fully aware of their responsibilities for health and safety too? As well as imprisonment being an option (maximum term is 2 years), the Act will raise the maximum fine from £5,000 to £20,000, making it a significant increase. Watch out senior managersUnder the new Corporate Manslaughter and Corporate Homicide Act 2007, directors as well as senior managers could be prosecuted. The chances are that under the Health & Safety Offences Act more and more senior managers will be made liable for breaches of Health & Safety. Innocent until proven guilty will not apply here. The onus will be on the ‘accused’ to show that he or she fulfilled their duty so far as was reasonably practicable. What should you be doing?Get your house in order! The Act doesn’t impose additional duties upon individuals or businesses – it simply deals with penalties for existing offences. That said, with the stakes considerably higher, businesses and individuals – particularly those in management – should be ever more concerned to ensure that they fulfil their Health and Safety obligations. This means ensuring that adequate and effective systems and procedures are in place and most importantly followed. Individuals, and again management in particular, will want to make sure that their responsibilities with respect to Health and Safety are clarified and agreed with their employers so that they can be confident they’ll fulfil their individual duties. If you would like us to conduct an audit of your health and safety policies, procedures, and practices, please call us on 01473 890037.
In the current economic climate, more and more employers are having to consider reducing their staffing levels. This is stressful enough for all concerned at the best of times, but is made harder for employers to deal with where they have to choose between a number of employees doing the same or similar jobs. A recent case, E-Zec Medical Transport Services v Gregory has given useful guidance for employers on how to ensure that they use selection criteria fairly. In this case, the employer had to choose 4 people out of a total of 14 staff to make redundant. They devised a set of scoring criteria and rated all 14 employees against these. The four staff who scored lowest, including Ms Gegory, were made redundant. On the face of it, E-Zec did their best to follow a fair procedure, but the Employment Appeals Tribunal found that their process was fundamentally flawed, and Ms Gregry had been unfairly dismsisied as a result.
In declaring their decision in the E-Zec case, the EAT have given useful guidance on how to use selection criteria fairly in a redundancy process. Their recommendations are as follows:
- Involve the 'at risk' employees in devising the criteria with management during the consultation process. Don't simply show them the final grid you're proposing to use as this risks suggesting that the decision has already been made
- Ensure more than one manager undertakes the scoring process, to avoid accusations of bias
- Link the scores to pre-existing evidence wherever possible e.g appraisal reviews or other work assessments
- Make notes on how the scores have been reached for each individual. Tribunal cases can take months to come to court and you may not remember why you awarded the score you did a long time previously
- Ensure that any manager hearing an appeal against the redundancy decision reviews all the evidence including the notes of how the scores were reached
If you have any concerns about handling a redundancy exercise, call us - we can help you through every step of the process
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