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November/December 05 As the festive season approaches we have some topical articles to help you make sure the run up to Christmas does not turn into an expensive nightmare.
Christmas Parties
Avoid unpleasent surprises
Disability Discrimination legal update
Additional protection for some workers
The Work and Families Bill
New and extended employee rights.
Same sex marriage
Civil Partnership Act 2004 comes into force
Motivation at Christmas
Tips for performance management
From all of us at Picasso HR we would like to wish you a Happy Christmas and prosperous New Year.
As we begin preparation for Christmas in earnest, the future of one custom is looking increasingly uncertain. The “office party” could become a thing of the past as employers become increasingly concerned about the effect staff celebrations could have on their business. It has always been the traditional way in which to thank employees for their hard work during the year and help build some team spirit, but, in a recent survey carried out by Peninsula law firm, out of 3,500 employers, 90% were worried about holding a Christmas party due to the arguments and ill feeling these had caused among their employees in the past. Despite the fact that the Christmas party takes place outside normal working hours, and probably at a different venue, under the law, it is still treated as taking place in the workplace, with the employer responsible for their employee’s behaviour. Find out what employers can do to protect themselves in the full article. Alcohol and high spirits can cause problems such as arguments, fighting or assaults and potentially most damaging, discrimination like harassment. The definition of sexual harassment was widened with effect from 1 October 2005, and now covers “any unwanted conduct on the grounds of the recipient’s sex; or unwanted physical, verbal or non-verbal conduct of a sexual nature”.
Employers will have a duty to investigate any complaints which arise following the Christmas party and deal with them seriously, which could include disciplinary action.
To illustrate the point, Elizabeth Weston, a former solicitor at Merrill Lynch took legal action against a senior male colleague following the Christmas party in 2003. He spilled wine down her top, made inappropriate comments about her breasts and made jokes about her sex life. Mrs Weston was unhappy with the way in which the Company dealt with her complaint and sued them. Days before the employment tribunal was due to commence she settled out of court for a reported £1 million.
This all sounds like terribly bad news for the Christmas party! However, rather than doing away with it entirely, as an employer, ensure you are aware of your responsibilities and take steps to protect yourself and avoid potential conflict. Carefully select the venue, refreshments and entertainment, taking into account the ethnicity, age, gender and diversity of your workforce. Make it clear to staff what is expected of them and ensure they are aware of the new sexual harassment laws. Consider placing a limit on alcohol and ensure food is provided and most importantly warn all employees in advance about the consequences of any inappropriate behaviour.
Changes in the scope of the Disability Discrimination Act (DDA) will now offer protection to workers with progressive illnesses or mental health conditions. The legislation previously gave protection to workers with clinically recognised mental conditions or physical impairments that affected their ability, on a long term basis, to perform their day to day activities. Effectively this extends these rights to a far wider range of medical conditions that may include HIV and MS, some cases may also be effective from the day of diagnosis. It is anticipated that in the UK, this change may affect in the region of 250,000 workers and employers should consider that workplace stress or depression could be regarded as a disability under this new legislation as a mental health condition. Importantly employers should remember that those employees diagnosed with a disability do not need to resign if they wish to bring a claim for discrimination and should concentrate on educating Managers and employees in these matters. Picasso HR currently run company specific training sessions to help Management understand these issues in greater detail. For more information please contact us on 01473 890037 or visit Picasso HR Diversity & Equality
The government’s pledge to do more to help working mothers and fathers has resulted in the publication of the Work and Families Bill. Introduced to Parliament on 19 October 2005, it is expected to become law in April 2007. The most significant provisions are: - Extending women’s rights to paid maternity leave from six months to nine months. (At the rate of Statutory Maternity Pay (SMP), currently £106 per week).
- Changes to paternity leave for fathers, granting them up to six months leave, the first three of which could be paid at the statutory rate, providing certain criteria are met – the main one being that the mother returns to work before exhausting her SMP.
- Increasing the notice a woman returning from maternity leave must give her employers from 28 days to two months. This is to help both employer and employee plan more effectively for a return to work.
- Expanding the right to request flexible working to include carers – for example those caring for a sick or elderly relative.
- To assist employers and employees, there will be clarity in the guidelines about allowing employers to make reasonable contact with their employees while on maternity leave to help ease the return to work. Also, it will introduce “keeping in touch days” to enable employees to come into the work environment without jeopardising their right to SMP. A common complaint among employees returning from an extended absence is that they feel nervous and lacking in confidence and out of touch with what’s been happening.
For more information please contact us on 01473 890037.
This Act came into force on 5 December 2005. It allows same sex couples to make a formal legal commitment to each other by entering into a civil partnership through a statutory registration process. This means that protection from discrimination on the grounds of marriage under the Sex Discrimination Act will be extended to cover those couples registering their relationship. It also means that civil partners will have the same legal status as a “spouse” and will be afforded the same rights and responsibilities. For example, the right to survivors pension or inclusion in private healthcare policies that include cover for spouse.
More than 68% of employees believe their colleagues are less productive at work during the Christmas period according to a new survey conducted on behalf of Investors in People (IiP) by YouGov. Ruth Spellman, chief executive of IiP UK, said “While it's important to keep staff focused to ensure the job gets done over the Christmas period, no-one wants a Grinch for a Manager, the key to getting the best from your staff at a time when they may be distracted by planning for Christmas is to ensure they continue to enjoy coming to work. Wise men and women understand that staff motivation is vital to all-year-round prosperity." The IiP are urging bosses to keep up their employees spirits with the following six top tips - Promote healthy working by making time to check in with staff. Make sure they are not struggling in to work with a nasty cold or flu, or suffering from lack of proper cover or support.
- Ensure any extra time staff work over Christmas is logged in their next review and make sure your employees know it has been noted.
- Don't be a Scrooge – if you're not awarding bonuses, why not at least give each member of staff working over Christmas a small festive gift as a token of appreciation.
- Show your own face – if you're not prepared to put in the hours during the festive period, how can you expect your team to deliver?
- Think outside the Christmas box – allow your staff to take an extra half hour at lunchtime for present buying and make up the time at the start or end of the day.
- Pay extra attention to those employees who work shifts during the Christmas period Bank Holidays - at a time when everyone else is celebrating with friends and family, it is important that managers keep staff motivated in their work.
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