According to a report by Deloitte;Mental health and employers  poor mental health is costing UK employers £51bn a year. The report examines how the mental health of children and young people affects working parents, and found that parents’ concern about their children was costing UK employers £8bn annually. This was attributed to parents and carers having to take time off work for caring responsibilities or having to leave their job completely.

The survey of 3,156 working adults across the UK found that 46% of working parents were concerned about their children’s mental health, with half of those saying it impacts their performance at work. A third of them have looked to reduce their working hours and others have asked for flexible working or unpaid time off.

What is interesting about the research is that employers who invest in mental health and wellbeing within the workplace are reporting that it reaps rewards; contributing to retention and building loyalty amongst the workforce. Managers who are empathetic and compassionate will be seen as more effective at helping employees – but this is a skill that not every manager possesses. If you feel that your managers require training and support in this area, contact 121 HR Solutions to discuss our training support, on 0800 9995 121.

• Posted on May 31st, 2024

More than two thirds of employers have yet to take action to change how holiday entitlement and pay are calculated for their employees, more than a month after new laws came into effect, according to a poll of 150 employers. The main reason provided for this is that many employers still do not know whether the changes affect their employees! 

Changes to the Working Time Regulations, simplifying holiday pay calculations for those who work irregular or part time hours came into effect in April and provide a method of calculation for irregular and part-time workers to receive holiday pay that is equal to 12.07% of their actual hours worked in a pay period. 

The statutory amendment is designed to help employers calculate holiday pay for employees with zero hours or ad hoc contracts. However, many employers have said that ambiguity and confusion still remains, as there has been little guidance provided on the application of the new rules.

It is recommended that employers conduct an audit of their workforce to identify which individuals could be classed as irregular hours or part-time workers and then review contracts and procedures to assess whether amendments are required to comply with the law. In many cases, employers will have to establish procedures for tracking leave. If you require support to manage this, contact 121 HR Solutions on 0800 9995 121.  

• Posted on May 29th, 2024

A tribunal has ruled that a headteacher was constructively dismissed after she was treated in an “aggressive, hostile and unsupportive” way when she was absent from work.

The claimant had been a highly regarded Assistant Head teacher in the school before being promoted, until she was alleged to have wrongly signed off four staff appraisals in both her and the appraisees’ names.   A school inspection also found that the school needed improvement and these two issues resulted in the head teacher becoming stressed and being absent from work with high blood pressure.

A welfare meeting was conducted in a hostile way and it was suggested to the head teacher that the role was too much for her, resulting in her taking legal advice. She raised a grievance but was invited to attend a disciplinary meeting on the basis of capability the same day that the grievance meeting was scheduled. This in turn resulted in her resigning, stating that she had no confidence in the grievance process. 

The employment tribunal judge found that the welfare meeting was “aggressive, hostile and unsupportive” and stated that the heavy-handed approach to invite the Claimant to a disciplinary on the same day that the grievance hearing was scheduled, was further evidence that no effort was being made to support her during her illness. The judge found that this was unreasonable pressure and that she was constructively dismissed. 

The claimant was awarded a year’s salary as compensation for loss of office. 

It can be difficult to manage stress-related absence when the reason for the stress appears to come from an employee being unable to cope with their role. We advise always seeking advice on this matter and 121 HR Solutions can be contacted on 0800 9995 121.

• Posted on May 28th, 2024

As a result of increasing awareness of dealing with the menopause at work, the Equality and Human Rights Commission (EHRC) has published guidance for employers on how to make reasonable adjustments in the workplace to support menopausal women.

The move follows several high-profile employment tribunal cases in which businesses have been held to have discriminated against women experiencing the menopause.

The EHRC guidance – Menopause in the workplace: Guidance for employers explains how equality legislation protects working women experiencing the menopause and aims to clarify legal obligations and provide practical tips. According to research, 67% of working women with experience of menopause symptoms found that it negatively impacted them at work and 10% have given up their jobs because they struggled to work whilst going through menopause.

The EHRC’s guidance confirms that menopause symptoms can be considered a disability under the Equality Act 2010 and therefore obligates employers to make reasonable adjustments. In doing so, it also points out that less favourable treatment of women experiencing menopause could be unlawful direct discrimination on grounds of age and sex.

Commonly requested adjustments include:

• A private room/ability to work without distractions
• Temperature-controlled workspace
• Flexible hours
• Homeworking 

What is reasonable will depend on the employer and the specific employee and this can be a tricky area to navigate. For guidance and support, contact 121 HR Solutions at enquiries@121hrsolutions.co.uk.

• Posted on May 27th, 2024

More than two thirds of employers have yet to take action to change how holiday entitlement and pay are calculated for staff, more than a month after new laws came into effect, according to a poll of 150 employers. The main reason provided for this, is that many employers still do not know whether the changes affect their employees!

Changes to the Working Time Regulations, simplifying holiday pay calculations for those who work irregular hours or part time came into effect in April and provide a method of calculation for irregular and part-time workers to receive holiday pay that is equal to 12.07% of their actual hours worked in a pay period. 

The statutory amendment is designed to provide confidence to employers in calculating holiday pay for staff who have zero hours or ad hoc contracts. However, many employers have said that ambiguity and confusion still remains as there has been little guidance provided on the application of the new rules has been provided.

It is recommended that employers conduct an audit of their workforce to identify which individuals could be classed as irregular hours or part-time workers and then review contracts and procedures to assess whether amendments were required to comply with the law. In many cases, employers will have to establish procedures for tracking leave. If you require support to manage this, contact 121 HR Solutions on 0800 9995 121.  

• Posted on May 27th, 2024

According to a new survey of 2,000 UK employees, up to a quarter of employees have felt or would feel guilty that colleagues would have to pick up extra work if they called in sick. Three in five employees stated that they had not taken time off work (even when they needed to) as a result of worrying that there was no cover for their work, or because they felt that their colleagues needed them.

There is a suggestion that the emerging home and hybrid working culture is creating a culture of “always on” – with no barrier to attending work, resulting in employees struggling at home, rather than calling in sick – known as “presenteeism”. However, this results in unproductive employees and may often lead to absenteeism in the long term. The research found that 16% of those who had worked when unwell stated that this was because they had a deadline to meet, while a further quarter were worried they would not be paid.

A fifth of employees said they would be worried that no one would believe they were ill, and a further 17% worried about the build-up of work that would occur if they took time off. Trade Unions and other employee organisations have called for better sick pay provision in the UK, whilst employers state that they struggle to pay even the current rate of Statutory Sick Pay whilst also paying for replacement labour in many cases. 

Undoubtedly, a clear absence management policy helps to send out a message to employees about what is an acceptable level of absenteeism and return to work meetings help to determine if additional support can be provided by the employer.  Managers need to be trained to have these conversations and if you feel that your managers would benefit from better guidance and support in this area, contact 121 HR Solutions on 0800 9995 121 for further information.

• Posted on May 23rd, 2024

Increasingly, businesses are seeing the advantages of using AI and this has created a need to develop both a strategy for its use, and a policy to accompany the strategy. Not every employee will be a fan, and part of any strategy implementation is the need to ensure that all employees are on board with the aim and objective and that they use the policy consistently.

Therefore, it is important to share the vision and demonstrate the benefits. Reassurance will be required to confirm that AI will be used to enhance roles, not replace them, and that training will be available. As with any engagement approach, asking employees to come up with suggestions as to when and how AI might be used in the workplace is more likely to result in consistent buy-in and will enable conversations about what might be needed in the way of training. 

The policy should also be used to explain the business approach in terms of the acceptable use of AI – many AI tools are freely available, and any policy should set out the tools that are to be used in the business and outline any data protection implications of using free AI tools.

121 HR Solutions has developed AI policies for clients – for support in this area, contact us on enquiries@121hrsolutions.co.uk.

• Posted on May 22nd, 2024

Unemployment and economic inactivity in the UK are both continuing to rise, according to the Office for National Statistics (ONS), creating a worry that economic uncertainty is still affecting the labour market. Unemployment increased to 4.3% between January and March 2024 – the highest level for seven months. While the employment rate was estimated at 74.5% in the January to March 2024 quarter, the ONS said this remains below estimates of a year ago and had dropped in the latest quarter.

The estimated number of vacancies in the UK decreased by 26,000 to 898,000 from February to April 2024, with vacancies declining for the 22nd consecutive period but remaining above pre-pandemic levels. This means that there are 900,000 more people out of work than before the pandemic began, and it is suggested that three reasons behind this are fewer older people coming back to work; more young people in education or out of work; and more people off with long-term health conditions.

The ONS also found that annual growth in regular pay excluding bonuses stood at 6% from January to March 2024, while annual growth in total pay including bonuses was 5.7%.

The worrying statistics relating to long term health conditions means that managing absence for those in work becomes more important.  Attracting and retaining skilled staff is reliant on strong and consistent employment policies and well-trained managers. 

If you would like to discuss better retention methods for your staff, contact 121 HR Solutions on enquiries@121hrsolutions.co.uk.

• Posted on May 21st, 2024

A client of 121 HR Solutions recently asked this question, given that ‘vaping’ has increased in popularity over recent years.  Electronic cigarettes or vaping do not fall within the scope of the prohibitions set out under the Health Act 2006, as they do not create smoke or burn tobacco. Therefore, they fall outside the legal definition of ‘smoking’. This means that they are not covered by the legal ban on smoking in enclosed places, including workplaces.

Employers take various approaches to the use of e-cigarettes in the workplace and the question of whether vaping at work is permitted or prohibited is a matter of discretion for the employer.

Some employers treat the use of e-cigarettes much in the same way as smoking, allowing the use of these devices in any designated areas outside their premises, such as a shelter or other outside space. Most employers will not provide breaks for vaping at work and, as with smoking tobacco cigarettes, will permit their staff to vape during their lunch or rest breaks.

Some employers may decide not to permit any onsite use of vaping devices, asking staff not to vape until they are off site.  For any prohibition or restriction on the use of e-cigarettes at work to be deemed fair, an employee must be made aware of the stance taken by the employer and the circumstances in which any use is considered unacceptable.

Ideally, there should be a clear workplace policy setting out the rules relating to both tobacco and e-cigarette smoking onsite, including the potential disciplinary consequences of any breach of these rules.

121 HR Solutions can assist with reviewing your existing employment policies. Contact us at enquiries@121hrsolutions.co.uk and we can discuss.

• Posted on May 19th, 2024

In a recent employment tribunal case, a judge has ruled that offering a chair to an older colleague at work may be regarded as age discrimination.

The employee who was 66 progressed his claim after he was asked if he needed to sit down during his shift in a recycling plant. He believed the company was trying to force him to retire, and claimed he was being singled out as no one else at the site used chairs.

It was found that he was offered a chair because colleagues were concerned about his health but this was because he was unable to carry out heavy lifting following surgery. As a result, the claim of age discrimination was dismissed. However, the employment judge concluded that the offer amounted to “unwanted conduct” that could have been discriminatory, saying that the employee could “legitimately conclude that he was being treated differently to others and therefore disadvantageously.” 

The tribunal heard that, out of 80 employees working in the plant the claimant was the oldest and the only person aged over 66, though around half were 50 years of age or over.

The employer’s evidence was that “it is commonplace to offer appropriate support which will help employees be more comfortable at work and that chairs are routinely offered to those on light duties or feeling unwell. Because shifts are 10 hours long it is not uncommon for people to need to sit, and that chairs can also be offered long-term as an adjustment for health reasons.”

Under legislation set out in the Equality Act 2010, age is categorised as a ‘protected characteristic’. This essentially means that an employer cannot make derogatory comments, treat someone less favourably or for that person to be put at a disadvantage, because of their age.

If you would like more information or have any concerns about the subject, contact us at enquiries@121hrsolutions.co.uk and we can discuss.

• Posted on May 19th, 2024