Archive
Author: Halborns
Keeping your finger on the pulse – a mental health update
79% of British employees commonly experience work-related stress (up 20% since 2018). How do you keep your finger on the pulse of how it’s going and support employee well-being where it’s needed?
A finger on the mental health pulse
Engagement surveys; are simple, but effective. They don’t have to be long or complicated but regularly asking your team ‘how it’s going’ is a great way to identify if someone is struggling with their mental health and allows you to support them proactively. We’ve included an engagement survey within our mental health toolkit for employers. Click here for more info.
Don’t rely on self-reporting
Make sure mental health and well-being is a two-way conversation. Even if a survey is anonymised, employees still might not feel able to share how they’re doing. Empower your managers with the tools, skills and training to sensitively approach members of their team in real time and discuss what support is required and how they can help.
Stay connected
Remote and hybrid working can create barriers to effective communication and often help mask potential issues. Encourage teams to stay off internal emails, avoid the phone and make the most of face-to-face meetings and video calls where possible.
One size won’t fit all
Actively listening to concerns and avoiding assumptions (or your personal experience with similar issues) will help you and your managers to implement more appropriate support on a case-by-case basis. What works for one might not work for another. Remind employees about any Employee Assistance Programme you have or signpost them to charities/organisations that can provide support with what might be concerning them.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
A series on settlement – can you really ask exiting employees to keep quiet?
A clause in a settlement agreement asking the employee not to disclose the fact, existence or terms of the agreement is a common feature. But do those clauses really work?
Drafted well, the confidentiality clause is lawful and reasonable. But to achieve a workable agreement the wording needs to take into account the following:
Protected disclosures
Make clear that nothing in the confidentiality clause prevents the exiting employee from ‘blowing the whistle’. If it looks like you’re attempting to stop them from blowing the whistle the clause and possibly the entire agreement will be unenforceable.
Likewise, don’t expect to be able to prevent the exiting employee from working with authorities, including the police, about the matters covered by the agreement (even about any already known claims, grievances or issues).
Carve out exceptions
Make it clear that the exiting employee isn’t prevented from discussing or raising specific issues with you. Although there’s no legal requirement to do this, including wording along these lines helps with the enforceability of the wording.
Protecting well-being
Call out that exiting employees can speak about the terms of their agreements with professionals including medical, therapeutic, counselling, legal or financial support services.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Legal lightbulb – people law, policy and practice
As part of keeping you in our focus, our ‘legal lightbulb’ update ensures you’re on top of the latest changes in legislation, case law, and people trends.
Updated Code of Practice on ‘fire and rehire’
The government has published an updated Code of Practice (the Code) on dismissal and re-engagement (also known as ‘fire and rehire’). The position largely remains unchanged in that the practice should remain a last resort, but there have been a few tweaks:
- Employers should contact ACAS before raising the prospect of fire and rehire with employees;
- The Code doesn’t apply to redundancy situations, but will apply if redundancy and fire and rehire are both being considered (basically the Code applies for as long as fire and rehire is an option);
- Employers are required to consult with employees ‘for as long as reasonably possible’ (there’s no minimum time period set);
- Employers shouldn’t threaten dismissal if it’s not actually a possibility.
If an employer fails to follow the Code, a tribunal has the power to uplift any compensation awarded by up to 25%.
New bereavement bill proposes day-one right to shared parental leave
The Shared Parental Leave and Pay (Bereavement) Bill (the Bill) aims to introduce a day one right to shared parental leave (SPL) and pay for fathers or working partners upon the death of the mother of their child. In these circumstances, the Bill removes the requirement for 26 weeks’ service to qualify for SPL and for employees to have notified their employer three months in advance in order to take the leave. The Bill is still working its way through parliament and we’ll keep you updated with progress.
New menopause workplace guidance published
The Equality and Human Rights Commission has published guidance for employers on menopause in the workplace. The guidance covers employers’ legal obligations in relation to menopause and the potential for it to be protected by the Equality Act 2010 (on the basis of age and sex), as well as adjustments that can be made to avoid possible discrimination risks. It also provides guidance on encouraging a more open culture on the topic so that employees feel more comfortable to talk, share and access any support they might need. We’ve got a menopause policy on Intelligent Employment to help get you started!
People diary dates – May 2024
05 – International Family Equality Day
13-19 – Mental Health Awareness Week
16 – Global Accessibility Awareness Day
17 – International Day Against Homophobia, Transphobia, Biphobia
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
A series on settlement – creating an interesting offer
When considering settlement agreements the starting point is almost always thinking through how to structure the financial elements.
But supporting exiting employees and ensuring settlement agreements encourage individuals to have the confidence to flourish (and even return one day) once they’ve left your employment doesn’t stop there. Here are our thoughts on settlement terms that often cost little but can achieve a lot.
Continuing employee benefits
If you’ve already paid the annual premium for benefits (such as private medical or life assurance), allowing access to those benefits for an agreed period after the employee has left (subject to insurer approval) allows the employee to feel protected until they secure their next role (possibly with similar benefits).
Outplacement and coaching support
It may be years since the exiting employee dusted off their CV or attended an interview. This support gives confidence to those concerned about putting themselves ‘out there’ and searching for a new job. Even for those happy to start the search, outplacement and coaching can help to polish off their CV and interview skills.
Financially, you can set a capped contribution for the support (so it won’t break the bank) which can be offered tax efficiently. Our Empowering People Group can provide this support – click here to learn more.
References and announcements
Agreeing on a factual reference and internal/external announcements means you can work with the exiting employee controlling the messaging around their exit and supporting them with their hunt for their next role.
Fast payment
Promising speedy financial settlement payments means the exiting employee feels they’re in touching distance of the financial support, costing you nothing but helping the employee to manage outgoings.
This update is accurate on the date it was published, but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
Support offered to employers when dealing with racist remarks
An Employment Appeal Tribunal (EAT) has recently supported an employer’s decision to dismiss a long-serving employee who posted a racist joke on their intranet.
Background
The employee posted a racist joke on their employer’s intranet – they apologised for their actions and also had a long, flawless service record. Regardless, the employer decided to dismiss them for gross misconduct. The employee claimed unfair dismissal. The initial tribunal found that anything more than a final written warning fell outside the band of reasonable responses because of the apology and service record.
The EAT disagreed and found that the dismissal was a reasonable response.
Practical takeaways
Zero-tolerance – taking a zero-tolerance approach to racism or any other non-inclusive behaviour sends a strong cultural message as to what your business expects. The EAT made it clear that the approach is a reasonable response.
Reasonable response – this case doesn’t mean that all dismissals connected to racist acts will be fair by default. You’ll still need to show you considered mitigating circumstances and explain why you considered a final written warning to be insufficient in the circumstances.
Records and process remain important – clearly, if your decision-making process is flawed or you don’t have the records to show why you dismissed, the decision is likely to be unfair.
Making a cultural shift – if you’re inconsistent in your decision-making (you dismiss in one circumstance and not in another, for example), the decision will again be unfair unless you have good reasons for the different treatment (which are recorded). We’d recommend early advice to support with new documents, training and manager support if you want to adopt a different culture, perhaps one of zero tolerance. You must ensure all employees are on the same (new) page before holding anyone to account.