Tag: HR

Supporting Menopause in the Workplace

April 11, 2022, By Slater Heelis
Menopause in the workplace

As many women, trans and non-binary folk are choosing to work into later stages of their life, along with the retirement age increasing, many are finding themselves going through the menopause in the workplace.

Despite 51% of the UK workforce being women, most organisations fail to acknowledge the menopause and how it can affect performance and ability.

This has led to many individuals struggling to cope at work and considering leaving employment.

 

What are the symptoms of menopause?

Menopausal symptoms affect anyone with a uterus including those who identify as trans or non-binary. It occurs when oestrogen levels decline and an individual has experienced 12 consecutive months without a period.

The menopause usually occurs between 45 and 55 years and symptoms can last up to 10 years. 45% of individuals will find these symptoms hard to deal with.

There are three stages to menopause:

  • Peri-menopause
  • Menopause
  • Post-menopause.

Symptoms vary depending on which stage you are in but may include: loss of period, headaches, anxiety, hot flushes, weight gain, sleep disturbances, joint and muscle ache, hair loss, urinary problems and poor concentration.

Experience of the menopause varies from person to person and symptoms may range in severity.

 

How does menopause affect ability in the workplace?

A 2017 study conducted by the British Menopause Society (BMS) found that the menopause is still a ‘taboo’ subject in the UK. Many feel that their health is disregarded and in some workplaces the menopause has been reported to be treated as a joke.

Many find they lose confidence in their own ability, have low energy or faltering concentration due to sleep disturbances and end up reducing their hours as a result.

The menopause may affect work relationships due to increased levels of anxiety and fatigue. Plus, managing symptoms can mean that individuals miss out on promotions and training, which subsequently adds to the gender pay gap.

 

What can an employer do to support menopause in the workplace?

Menopause is undeniably a workplace issue. Organisations that fail to recognise this will not only risk losing their talent, but may also face legal action.

The menopause is covered under the Equality Act 2010 through age, sex and even disability discrimination. It is also covered under the Health and Safety Act 1974 which requires employers to make adjustments for everyone’s health, safety and welfare in the workplace.

Education is a great starting place. Ensure managers are educated on the menopause and how it can affect their staff. Encourage regular conversations about the menopause, involving all ages and genders, to create open communication and a changing workplace culture.

Create a menopause policy to cover health and safety, sickness, absence, flexible working and performance management. Creating this policy will demonstrate a commitment to your employees and will ensure all employees going through the menopause feel fully supported.

Pull together resources which can be used to signpost and educate individuals. These resources can be shared on intranets or any internal method of sharing communications.

Take a look at:

 

Speak with an Employment and HR Solicitor

Creating a menopause policy and educating employees can be complex and it is important that you get it right.

Our Employment and HR Solicitors are specialists in their field and will work closely with you to understand your business, your employees, and where you can make improvements to their life at work.

Give us a call today on 0161 969 3131 or fill in this contact form and we will be in touch.

Creating and Maintaining an Inclusive Workplace

March 29, 2022, By Slater Heelis
inclusive workplaces

In the current candidate-driven job market, it’s more important than ever to create and maintain an inclusive workplace. Not only is this for attracting the right talent, but retaining it too.

Having a comprehensive equality, diversity and inclusion policy will help you do just that, along with avoiding costly and laborious discrimination claims.

 

LGBT Inclusion Policies

Through the Equality Act 2010, employees are protected from nine protected characteristics: race, age, sex, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion and sexual orientation.

Although covered in the Act, the unique challenges LGBT people face at work is not always recognised. Creating a specific LGBT inclusion policy helps to reinforce fair treatment and recognises the work that must be done to create an inclusive workplace.

The policy should set out a clear commitment to supporting all LGBT people, providing information about dress codes, anti-discrimination and harassment, transitioning policies, facilities, safe spaces, information on language and terminology, as well as committing to confidentiality and data protection.

 

Using pronouns to create an inclusive workplace

Introducing yourself with your name and pronouns when you meet a new person is a great habit to adopt. It allows you to let the other person know how you identify and gives them the opportunity to do so as well. This creates a safe space where identities are respected and the chances of misgendering is reduced.

This can also be extended to using pronouns in email signatures, intranet names and video calling software.

 

Educational pieces

In many workplaces, steps towards equality, diversity and inclusion may come with some hostility. Providing informational pieces on why changes are being made will help all staff understand the importance of the changes and should make the transition smoother and easier.

It is also a great idea to celebrate LGBT and minority campaigns on social media and internally within the workplace. Publically supporting these campaigns will send a positive message that you are an inclusive workplace where minority voices are heard and discrimination is not tolerated.

 

Accessibility

Workplaces should consider how accessible they are to different groups of people. Many disabled people continue to face difficulties when applying for jobs and using office spaces.

Make sure to offer reasonable adjustments in application forms and make note of how accessible your office building is. For example, consider implementing lifts, handrails and looking at the type of equipment and services you provide.

Failing to make these reasonable adjustments will lose you top quality candidates and put you at risk of discrimination claims.

 

Recruitment and monitoring

Whether you are a new or well-established firm, it is good practice to review your recruitment and monitoring procedures.

Take note of the terminology used on forms and remove any gendered language. Ensure you are advertising widely for new staff and add an equal opportunities monitoring form to all new starter packs.

This equal opportunities monitoring form should ask questions about the 9 protected characteristics but also give an option for participants to tick ‘prefer not to say’. It is also useful to ask all current employees to fill in the form once a year as individual circumstances do change.

 

Safe spaces

A safe space is a place minority groups can gather to support one another and discuss their experiences. Setting up a safe space in your workplace allows these groups to have their voices heard, free from bias, workplace discrimination, conflict or criticism.

Try setting up an Equality, Diversity and Inclusion Committee to discuss current and future initiatives and other ways of creating a more inclusive workplace.

 

Expert Advice for an inclusive workplace

Seeking legal advice from experts in Employment and HR will ensure you create and maintain an inclusive workplace. From drawing up an equality, diversity and inclusion policy to looking at the accessibility of your building, they will ensure your workplace meets all necessary requirements and cover all aspects of the Equality Act 2010.

Get in touch today by giving us a ring on 0161 969 3131 or filling in this contact form. 

Employment Law and Brexit

October 3, 2019, By

With the impending 31 October 2019 deadline for Brexit fast approaching, many commentators have been considering the potential impact of a departure from the EU on this date on employment law and employee and worker rights.

The government has shown appetite for implementing changes to employment rights in recent years; from the repeal of the statutory code for disciplinary and grievances, to the increase of the minimum continuous service required to bring a claim for unfair dismissal from one years to two years and the introduction (and subsequent repeal) of fees to bring a claim in the employment tribunal.

Many employment rights are derived from European legislation; such as protection against discrimination, the protection of employment in a business transfer (TUPE) and the right to paid holidays, to name but a few.

However, it is important to understand that, aside from a possible immediate effect on rights to work in the UK, an exit from the European Union will not automatically repeal those employment rights that are derived from European legislation.  This is not to say that a post-Brexit government will not address employee and worker rights at some point but what may change is difficult to predict and will depend on the makeup of any post-Brexit government.

It is also important to remember that many statutory rights are written into employment contracts and therefore, any repeals could have negative and confusing effects on businesses in terms of understanding, implementing and balancing legal and contractual positions in the event of any change.  As such, it is hopeful that any changes to employment rights are implemented only after consultation with industry, trade unions and professional bodies.

EAT decision on use of incorrect EC number on Claim Form

July 23, 2019, By
Incorrect legal documents

In the case of E.ON Control Solutions Limited v Caspall, the Claimant attempted to bring a number of claims against the Respondent, the Claimant’s previous employer. The Claim Form wrongly stated the EC number for a different Claimant, who was also bringing claims against the Respondent and who was also represented by the same solicitors as the Claimant.

A Preliminary Hearing was convened in order to consider whether the Claimant’s claims should be allowed to proceed. The Employment Judge (EJ) noted that the claim had not been rejected and decided that it was open to the Claimant to apply to amend his claim to include the correct EC number. The EJ considered that there would be no prejudice to the Respondent in allowing the amendment and that the error could be easily corrected.

The Employment Appeal Tribunal (EAT) disagreed with the Employment Tribunal. It considered that having submitted a Claim Form with an inaccurate EC number, there was an obligation on the EJ to reject the claim and return the Claim form to the Claimant, explaining why it had been rejected and explaining how he could apply for a reconsideration. This did not happen but the EAT considered that this did not mean that the obligation to reject the claim ceased to apply. The EJ had a duty to reject the claim and had the EJ done so, there would no longer have been a claim before the Tribunal that could have been amended by the exercise of the EJ’s case management powers. The EJ therefore had erred in purporting to allow an amendment to a claim that ought to have been rejected.

Can You be Dismissed for Your Social Media Activity?

July 8, 2019, By
Social media rights in work

From blogs to business forums and social gaming to social networks, it is hard to escape social media, with some commentators predicting that, by 2021, at least one third of the world’s population will be active users.

Despite this, many are unaware of the potential legal implications of social media use, particularly upon their employment. Social media or internet misuse may be misconduct amounting to a potentially fair reason for an employee to be dismissed by their employer.

In an effort to understand what may or may not be acceptable social media use from an employer’s perspective, it is useful to examine how the courts have dealt with dismissals due to social media or internet misuse.

Private or Public Usage?

Case law shows that it is possible for an employer to fairly dismiss an employee for conduct outside of work, including an employee’s use of social media.

The courts have seen many employees who have been dismissed by their employers due to “private” social media use claiming that their dismissal was not fair because the post or comment made was done so on a private social media account that only friends can see.

Unfortunately, the very fact that an employer knows about a social media post and uses it as a reason for dismissal has, in the eyes of the courts, often negated the argument that the post was private.

Even if the social media use takes place on the employee’s own computer outside of work, the key issue for employers to consider regarding whether it is appropriate to discipline or dismiss an employee as a result of this is whether or not the employee’s social media post damages or has the potential to damage the employer’s reputation.

Using Social Media in Work

Due to social media still being relatively new phenomenon it can be hard for both employers and employees to know where they stand when using social media.

A common problem for many employers is employees’ social media usage affecting their productivity and work rate. This is why more employers are adopting a zero tolerance approach to the usage of social media during working hours, whether it be by implementing social media and internet policies or blocking access to social media platforms on work networks.

If you’re trying to find out where you stand with social media usage in your place of work, you should find out whether your employer has a policy in place relating to the use of social media.

Using Social Media Outside of Work

Although many employees don’t think twice about using social media outside of working hours, this is when disciplinary actions now commonly arise.

When you set up your social media accounts, it is important to consider whether or not you state your place of work on your profiles. Having the name of your employer clearly visible on your profile details means that you are a self-stated representative of that employer; in simple terms this means that any comments, posts or opinions that are viewed in a negative light could seriously affect the reputation of the employer.

If your employer can prove that these comments had or were likely to have a negative effect on its reputation, it may be within its rights to take disciplinary action against you, which could even include summary dismissal.

Overall, social media use in the workplace can be hard to understand due to it being a grey area for many businesses; not least because a business itself may heavily rely on social media platforms for things like advertising and business development. There are not always defined acceptable use policies which can assist employees and employers alike in dealing with social media use and misuse.

If your work life has been negatively impacted by the use of social media and you’re unsure whether there is anything you can do, get in touch with our employment law specialists who can help you find out more and support you through the claim process.