The Equality Act 2010 makes it against the law to discriminate against a person who has a protected characteristic. These characteristics include sex, religion, or age. Discrimination can occur anywhere but as HR consultants, we’re specifically talking about protected characteristics in the workplace. This blog explains the protected characteristics, how discrimination can occur, how employers can avoid discrimination, and how Metis HR can help you stay compliant. Protected Characteristics In The Workplace Formed to replace separate anti-discrimination laws with one easy to understand Act, The Equality Act 2010 provides people with legal protection against discrimination in the workplace and wider society. 9 protective characteristics are set out in the Equality Act 2010. These are: age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex sexual orientation Workplace Discrimination As mentioned, the Equality Act protects people at work as well as in society. Workplace discrimination disputes arise when an employer has acted unfairly towards an employee, or potential employee based on a protected characteristic. Discrimination isn’t always intentional, and employers can inadvertently discriminate against employees or potential employees. If this isn’t picked up until it is too late it can sever trust with employees, damage […]
Is there a right to accompaniment in workplace mediation? If you are planning a workplace mediation between two or more of your staff, you might have been asked if one of them can have someone in with them. The answer is far from straightforward. There is no right to accompaniment in workplace mediation, unlike in a disciplinary or grievance process, where it is a statutory right. Some mediators actively discourage it unless a disability or mental health issue renders it essential to the process. What Is Workplace Mediation? Workplace mediation is a way of settling workplace disputes. It is usually done before having to start the disciplinary or grievance process or instead of. However, it is not always appropriate and each case should be judged on its own merits. It involves both sides talking openly in a constructive environment to reach a compromise and enable both parties to move on from a workplace dispute. The process usually involves an external person finding out the details of the disagreement and working with both parties to find a solution. The solution is often a compromise that both sides commit to upholding. You can read more about using an external workplace mediator here. […]
If you have a dispute between a number of your team you might be considering whether you should use an external workplace mediator to settle it. Mediation is a great way to bring harmony back to a workplace if your staff or managers have a disagreement. You might bring in a workplace mediator if: Your employees cannot settle a disagreement themselves. It is affecting the productivity or culture of the workplace. The issue does not require a disciplinary or grievance procedure. On these occasions, mediation can work wonders by helping both parties reach mutual understanding and acceptance. Can you mediate a workplace disagreement yourself or should you use an external workplace mediator? Do You Have To Use A Professional Workplace Mediator? You don’t have to use a professional workplace mediator. You can carry out the mediation yourself or have a colleague do it. However, mediation is a skill in which a professional workplace mediator is trained and experienced. We have been to workplaces where well-meaning managers have had a go a mediating a disagreement and it has actually made things worse. Your staff may not want to share their personal thoughts and feelings with another work colleague. If their level […]
With the growing popularity of using mediation, we are asked is workplace mediation is compulsory. Workplace Mediation is used to deal with conflict between employees. This has grown over the past 20 years or so. However, there has been little attention paid to the variety of approaches That can be used. And whether workplace mediation can be made compulsory or not. What is Problem Solving Mediation? There are various choices of approach within the general style. Before commissioning mediation to resolve a specific conflict, it’s worth considering which approach would be the most suitable for your situation. The aim of problem-solving mediation is simply to help parties reach an agreement by resolving the ‘issues’ that are causing the conflict. Through helping the parties to really ‘listen’. They may come to a better understanding of their own and the other person’s feelings and perceptions. And through such improved communication, resolution of issues may follow. What is Voluntary Workplace Mediation? Voluntary Workplace Mediation involves an impartial mediator assessing the issues. They then evaluate the relative merits of each party’s position. The mediator helps the parties reach agreements or forms of reasoned compromise. The Workplace Mediator is neutral with respect to both the […]
Clients regularly ask us how can workplace mediation help? Conflict is almost inevitable in most work relationships. Some conflict arises over technical issues – such as what tasks to do and how to do them. This can be helpful at times as it drives a company forward to make improvements to processes and policies. However, interpersonal tension can easily damage relationships and lead to wider discord and malfunctioning teams. 3 in 4 UK workers report good relationships with their line managers. Almost 9 in 10 say they have good relationships with colleagues in their teams. By contrast, 1 in 10 reports a poor relationship with their line manager and 1 in 20 reports poor relationships with team colleagues. Despite this, a number of employees may experience flashpoints of conflict or unfair treatment at work. 3 in 10 workers report at least one form of bullying or harassment in the last year. 1 in 5 UK workers points to a blame culture among their managers and 1 in 5 also point to a lack of an inclusive culture in their teams. The organisational costs of conflict Costs can include management time being diverted to deal with the conflict instead of focusing […]
At Metis HR, we regularly receive enquiries about many HR issues and one question asked is ‘What is Workplace Mediation? Workplace Mediation is defined by ACAS as ‘a completely voluntary and confidential form of resolving workplace disputes between people’. It involves an independent third party considering an employment problem and working with those concerned to try and seek an amicable resolution for everyone. Both ACAS and tribunals actively encourage parties to engage in Workplace Mediation. A methodical approach to Workplace Mediation may help resolve conflicts, improve communication, restore trust and allow the parties to move forward. When is Workplace Mediation Appropriate? Workplace Mediation can be used to resolve a variety of workplace disputes. It can be helpful in cases where there is a dispute between employees who are both willing to resolve their differences. Workplace Mediation can also be used in the early stages of an employee’s grievance or potential disciplinaries to help promote resolutions without the need for formal action. It can also be used as a formal follow-up to formal proceedings. There is no set form to mediation and mediators can be flexible as to how the parties approach it. They can sit around a table and discuss […]
The CIPD’s latest research on how to deal with conflict at work found that just over a third (35 per cent) of employees experienced some form of conflict over the past year, whether that was an isolated incident or an ongoing difficult relationship. Some examples of unpleasant daily work situations experienced by UK employees every year are: A colleague is excluded from work conversations and not invited to a meeting when a new project is introduced. Another is cut off in the middle of answering a question Or pulled up for an easily remedied mistake The boss who overrides reasonable decisions or embarrasses someone in front of their workmates An employee is ‘encouraged’ to take on more work with the ‘incentive’ of holding on to their contract. Findings The report also found 15 per cent of employees have claimed to have suffered bullying at work over the past three years, with 8 per cent experiencing harassment of a non-sexual nature and 4 per cent sexual harassment. However, much more widespread are instances of lower-level conflict that can create the building blocks for the more serious incidents or bullying. Other causes for conflict maybe management who say one thing, yet do […]
Causes of Conflict Some people do not ask for help during conflicts at work because they are not always aware there is a problem or do not know when to ask for mediation. Conflict can arise in organisations because of miscommunication, misunderstanding, cultural differences, choice of language, poor leadership, ineffective management styles, unclear roles and responsibilities. As well as workplace issues creating conflict, work colleague’s personality types and personal issues are added to the mix at work, which can also create or exacerbate a conflict. Things like: personal problems at home, marital issues, cultural or gender differences, family problems, abrasive or submissive personalities (for instance, some personalities become annoyed with quiet, withdrawn type characters and others are fearful of loud or aggressive characters), some people are insensitivity to others feelings and what may seem trivial to one person could be a huge issue for another. Personal disappointments, coupled with unmet needs and a whole host of negative emotions, like guilt, fear or jealousy over promotion can also add to conflict. There are many emotions that are not directly related to work, but which people bring to the workplace that can cause conflict. The CIPD survey Managing Conflict at Work found […]
Clients regularly ask us does mediation work? Conflict is almost inevitable in most work relationships. Some conflict arises over technical issues – such as what tasks to do and how to do them which can be helpful at times as it drives a company forward to make improvements to processes and policies. However, interpersonal tension can easily damage relationships and lead to wider discord and malfunctioning teams. Some Facts 3 in 4 UK workers report good relationships with their line managers and almost 9 in 10 say they have good relationships with colleagues in their teams. By contrast, 1 in 10 reports a poor relationship with their line manager and 1 in 20 reports poor relationships with team colleagues. Despite this, a number of employees may experience flashpoints of conflict or unfair treatment at work: 3 in 10 workers report at least one form of bullying or harassment in the last year and 1 in 5 UK workers points to a blame culture among their managers and 1 in 5 also point to a lack of an inclusive culture in their teams. The organisational costs of conflict can include: management time being diverted to deal with the conflict instead of […]
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 […]
