It’s an awful conversation to have, being asked about the pension rights of an employee with a terminal illness. A recent decision by the Pensions Ombudsman seems clear that in terminal ill health cases the Ombudsman is prepared to closely scrutinise actions taken by the employer. Whilst decisions by the Pensions Ombudsman only apply to the case in which the decision is made, it seems wise to take note of what is being said. The recent decision focuses on the extent to which employers should provide information on pension rights of an employee with a terminal illness The Law There is no legal obligation for employers to advise employees about their pension rights The law prohibits anyone other than a person authorised by the Financial Conduct Authority from advising on pension rights. However, a distinction should be drawn between “advising” and “providing information”. There is no specific guidance about information relating to the pension rights of an employee with a terminal illness. This can make it tricky to know if you’re doing the right thing, but there is some good practice to consider. Good Practice For employees with terminal illness, there are likely to be different options available under their […]
There is a desperate need in the workplace for more mental health and suicide awareness. Every year between 5,500 and 6,000 people in Britain end their own lives – well over three times the number of people who die on our roads. Suicide is the leading cause of deaths in men under the age of 50 and men are 3 times more likely to commit suicide than women. Women in their early twenties are more likely to try and end their lives than other female age groups. And anyone who falls into a protected characteristic group (such as race, religion, sexual orientation etc) is also more susceptible to suicide due to possible previous experiences of bullying and harassment because of discrimination. Fortunately, this is something that most employers will never encounter, however, the potential risk of suicide is an important one and can often be linked to issues such as workplace stress, bullying or harassment. Suicide and work is a growing public health concern. There are a number of things that employers can do to try to prevent any employee feeling that they need to end their own lives. There are plenty of specialist organisations who can help employers to […]
Managing female employees in male dominated workplaces, on the face of it, should be no different than managing female employees in any work environment. Recent research published by Harvard Business School shows us that this isn’t the case. The research concluded that women engineers have a visibility problem. Like women in other ultra-masculine sectors, they are often excessively visible as women, but overlooked when it comes to their technical expertise. This paradox gets in the way of forming relationships at work and hurts their advancement. The interviewees agreed that the female body stands out in their workplaces in a sexualised way. One interviewee said that no matter what the work was that she was doing, some colleagues seemed to see her primarily as a potential date. Another said that rather than the quality of her work being the focus of attention, the way in which she looked in her overalls was a more common topic of conversation. The interviewees spoke at length about how their competence was obscured by their gender. They said that they felt sexually objectified, and they had to work harder than men to prove their technical competence. If employers want to become more supportive about managing […]
Managing employees with piercings can create uncertainty about what you are, or are not, allowed to do as an employer. Body piercing (other than ear lobes) is more prevalent in women than men and more common in younger age groups. 46% of women aged 16-24 have had a piercing (other than in their ear lobe). This suggests that most employers will have have to think about a dress code policy for piercings. Whilst it’s acceptable in law for employers with employees with piercings to ban piercings, there are some things to think about. Some employers may feel that visible, non-earlobe piercings are at odds with the image that they’re trying to project. Because if this they may ask employees with piercings to remove them whilst at work. It’s worth stopping and considering how many of your employees are actually having client contact if this is one of your reasons for objecting to piercings. In today’s informal society, there’s actually a great deal of evidence to show that the most successful dress code is, by and large, to encourage your customer-facing employees to dress more or less like your customers. This puts your customers as well as your employees at ease, and will […]
We’ve been reviewing our 2017 files to find the 10 oddest non-work activities that employees have got up to at work when they should have been working! Our top ten list of the oddest non-work activities that employees have got up to at work is certainly memorable! The things that employees have been caught doing in 2017 when they should have been working include: An employee who was working on a scrapbook of her holidays that year. An employee who decorated their cubicle with chains of paper clips. The employee who used the privacy of his work cubicle to indulge his interest in origami. The female employee who brought her embroidery kit from home. She wanted to continue making embroidery items at work for a craft show that she was exhibiting at. The young worker who brought in a kitten she found outside the offices and tried to keep it quiet inside her large handbag. The employee working on her son’s school project that included using uncooked pasta shapes as decoration. The Care Assistant who was found lying on a patient’s bed talking to the patient while the patient sat in her wheelchair. The employee found watching YouTube videos of people shoving […]
If you have transgender staff employed in your business, you may to know what the legal situation is. A recent survey by Total jobs found that 43% of transgender people look for trans-friendly employers when they are job hunting. Employers who adopt HR policies in equality, diversity, gender transition issues, and transgender inclusive healthcare benefits are distinct. Lesbian, gay and bisexual employees may also take an organisation’s trans-friendliness as a good sign that they are welcome there. It is important that all employees know how to treat transgender staff employed in your business and the issues that may arise. Transgender Staff and Gender Reassignment Gender reassignment is a ‘protected characteristic’ under the Equality Act 2010. Treating an employee less favourably than others because of gender reassignment is unlawful and is an act of direct discrimination . It is also unlawful to discriminate indirectly by imposing a provision, criterion or practice that disadvantages transgender employees. These need to be justified objectively. The provisions also extend to businesses supplying goods and services to transgender members of the public. In a recent tribunal case, Bisson v Condor Ferries, a transgender passenger succeeded in claiming direct discrimination against a cross-channel ferry company. Condor Ferries had advised her to use the disabled toilet when she asked which facilities she should use. Toilet signs with the […]
This week, 3-9 September 2017, is Migraine Awareness Week. It made us reflect on a call from an employer we had recently helped with a female employee. She was absent from work because of a migraine for the third time in a month. His reaction of “it’s only a headache” made us reflect on migraines and the reality for some people. Claiming to have a migraine is one of the most popular excuses for “pulling a sickie” from work. A recent YouGov poll of 2,105 people found 15% of workers who admitted to making up illness to get a day off work used migraine as their excuse. The fact that people fake migraines puts real sufferers in a difficult position. Some employees say they fear they won’t be believed if they phone in sick with a migraine. Migraine Awareness Week statistics show that 1 in 7 people are affected by migraine. Migraine is the 6th highest cause worldwide of years lost due to disability. In the UK there are more people who suffer from migraine than with diabetes, epilepsy and asthma combined. Over 6 million people suffer with a resulting loss of over 25 million working days. An estimated cost to the economy of […]
How to deal with employees wanting to record meetings We get asked a lot, how to deal with employees wanting to record meetings. Examples are, disciplinary or grievance hearings or performance reviews with a line manager. There can be any number of reasons why employees want to record meetings. They may feel they are being treated unfairly. Or feel they need to extract some evidence. But employees do not have the legal right to record an internal meeting. Therefore, if an employee asks to record a meeting, you must decide whether or not to permit the request. If your policy is that recordings are not permitted, the person chairing the meeting should remind the employee of this at the beginning of the meeting. The chairperson should also make it clear that if the employee ignores policy, recording the meeting is in breach of company policy and there would be grounds for taking disciplinary action. However, they do have a right to a copy of the notes taken at a formal meeting. If an employee refuses to confirm that they are not recording the meeting – or confirms that they are recording the meeting – you may want to adjourn the meeting to […]
Wondering what to do if an employee acts inappropriately on social media? Always follow your disciplinary procedures to the letter. A recent Tribunal case about a man who was fired after seven and a half years’ employment for sharing another butcher’s ‘meat deal’ on social media has left the employer out of pocket. The employee won his case for unfair dismissal against his former employer, a small, and well-respected butcher in Wigan. He recommended a discount offer from another online fresh meat retailer to his girlfriend on Facebook. The directors dismissed him for gross misconduct and breach of contract. They believed the ‘advertising’ was for a competitor and breaching the company’s social media policy. The tribunal heard the employer had already decided to dismiss Hayward before they brought him into a disciplinary meeting. The buisness had no formal HR function snd they hadn’t taken advice. The employee did not receive a written or verbal formal warning. Even though he had requested one. The employee was denied a colleague or Union Rep to accompany him at the meeting. The Employers did not give a reason why his actions online were wrong. The employee was denied the right to appeal. And so, he lost confidence in his employers and did not follow up the matter further. The tribunal […]
Employers are worried about using Mediation and Settlement Agreements. The introduction of employment tribunal (ET) fees has changed the balance of power between employers and claimants. It has had a significant impact on employees’ willingness to make claims. Employers spend an average of 19 days of management time dealing with individual ET cases. Larger organisations with more than 250 employees spend 20 days dealing with individual ET cases. While organisations with fewer employees spend around 12 days. CIPD (2015) Recent legislation has only a limited impact on employers’ approaches to managing conflict. However, there is growing support for an alternative dispute resolution. Try something different to the usual formal discipline and grievance processes. Employers are beginning to use informal methods when attempting to dismiss staff. Employers are beginning to use mediation and settlement agreements as a means of terminating employment. The majority (56%) of employers asked in a recent CIPD survey that they feel settlement agreements are a useful mechanism for removing an underperforming employee without the need to go through an unnecessary and time-consuming performance management process. Employers are making increased use of mediation, and other forms of alternative dispute resolution, to resolve workplace issues, but many HR managers […]
