Author: @deliver_els

The workplace is where many of us spend a large portion of our lives. Unfortunately, the reality is that bullying doesn’t disappear once we leave education. It’s not something employers can quantify and address in the same way as other business areas. However, bullying most certainly is something that has to be dealt with effectively.

In this blog we’ll discuss why workplace bullying arises, how to spot it, and how best to deal with it.

 

Identifying workplace bullying

Workplace bullying can be a difficult pill to swallow for employers. They might not be looking out for the signs. It can also be hard for employers to notice unless they’re physically close to employees on a regular basis. Generally speaking, the bigger an organisation is the harder it is to monitor. It’s therefore important to make sure measures are in place to identify workplace bullying early on.

Bullying can broadly be defined by persistent negative behaviour that targets an individual.  However, the challenge is that it can manifest in many ways. For example, bullying doesn’t have to be solely physical or verbal abuse. It can also occur in-person or through online channels. Bullying can include:

• Belittling – when someone doesn’t have their contributions taken seriously. Belittling can also be undue criticism from colleagues.
• Name calling – it could be a name that relates to the person’s actual name, their appearance, culture, gender, or something else altogether. Whatever the case, the intention is to cause discomfort.
• Exclusionary behaviour – actions that isolate someone and make them feel ignored.
• Spreading rumours – falsehoods based on someone’s actions or personality that are circulated among employees.
• Scapegoating – blaming an individual for mistakes the aren’t wholly responsible for. In cases where one person may be responsible, jumping on them immediately can be seen as scapegoating.
• Patronising – behaviour that appears outwardly friendly but in reality, creates a sense of superiority. One way this type of bullying can occur is by one person constantly being assigned menial or pointless tasks.

 

Effects of workplace bullying

Preventing workplace bullying falls within the bounds of employee health care. As such, it’s within an employer’s duty of care to try and prevent workplace bullying. Aside from decreasing motivation and engagement, there are real health risks associated with workplace bullying. Those affected can develop a range of psychological issues. Even people who aren’t the primary target of bullying can be impacted. Witnessing bullying can still cause some trauma. Problems include:

• Stress
• Blood pressure complications
• Loss of sleep
• Mood swings
• Anxiety
• Low self-esteem and confidence
• Depression

It’s also been shown that employees being bullied at work can experience physical symptoms. Examples include loss of appetite, headaches, and increased muscle tension. One paper even found that workers that had been bullied were 59% more likely to develop heart-related illness. This, combined with the mental effects, distract workers from doing their jobs to the best of their abilities.

Bullying affects the nature of the workplace itself. People that are affected may develop habits to avoid bullies, which damages efficiency. Employers may see drops in productivity, increases in absenteeism, and the rise of costly legal issues.

 

How to deal with workplace bullying

Once you’ve identified one or more employees committing workplace bullying, what should you do? Depending on the severity of the bullying, employers might not want to outright dismiss perpetrators. This can potentially cause more damage to the overall company environment.

There are many options for businesses to deal with workplace bullying. Here are our steps for employers that have been made aware of workplace bullying, either formally or informally.

Talk to the suspected victim

Gain a full understanding of the issue and what has happened. At this point, employers should try to understand if the accusation of bullying is true. This will gather relevant information that can be used further down the line, especially if legal action is brought against the bully.

Agree an approach

Discuss how they would like the situation to be handled. The employee may want to keep it quiet, want advice, a written statement apology, to try mediation, or to make a formal complaint. Alternatively, they may want to be moved to a different role. For mediation, employment law services for businesses can serve as a valid third party. All these options should be made clear to the affected employee.

The challenge for employers is reaching an agreement on what should be done. As an employer, you may feel as though the person’s proposed course of action isn’t appropriate. It could be a conflict of interest, or they could understandably be acting emotionally. Whatever the case, employers should try and agree an approach that works best for both parties, whether it’s formal or informal.

Support the individual

Make them aware of any available resources that can offer support. These can be:

• Counselling – either through an employee assistance programme (EAP), or other means provided by the employer.
• Staff support networks.
• Trade union advice.
• Internal support workers – those responsible for encouraging a fair staff treatment in the workplace.
• Specialist anti-bullying and harassment support organisations or charities.

Review your policy

Every instance of unrest in the workplace, while unfortunate, is an opportunity to learn. It’s worth sitting down with your HR team and reviewing the scenario, how it was handled, and what process was followed. There can be different policies that relate to different types of bullying – was the most relevant procedure used in this instance? Employers can use reviews to make improvements to workplace wellbeing policies over time.

As an employer you’re responsible for preventing bullying and harassment. There is a difference between the two, as the latter is illegal under the Equality Act 2010. According to the UK government, harassment is unwanted behaviour relating to:

• Race
• Age
• Sex
• Gender reassignment
• Sexual orientation
• Religion
• Marriage or civil partnership
• Pregnancy and maternity

 

Tips for preventing workplace bullying

Even if your company culture is overwhelmingly positive, there could be factors that are contributing to a rise of workplace bullying. It might be design features, work tools, noises, or other environmental factors.

It may also be the case that people are bringing in issues from outside the workplace. For instance, in relation to their living situation or personal life. Although this aspect is out of your control, the best way to prevent workplace bullying is by creating an enjoyable work environment.

Reduce workplace stressors

Managing the stress levels of employees can have many benefits for employers. For example, increased morale and productivity. However, it can also help prevent bullying behaviour, as stress is often a factor in people lashing out at others.

Train staff

Ensure all workers are aware of what bullying looks like and how it can affect others. This allows employees to recognise when it’s happening, while also demonstrating your commitment to a safe workplace.  We offer a variety of e-Learning courses, including an Anti-Harassment and Bullying course.

Foster strong vertical relationships

Employers should focus on those in leadership roles to help reinforce workplace guidelines and culture. Managers should encourage openness by presenting themselves as people that can be spoken to about workplace conflicts. This employment relationship helps set expectations and influence company culture for the better.

Employers should also be mindful that bullying can come from a variety of sources, including vertically. This is another reason to train managers accordingly.

 

Employment law for employers UK

Whether you’re looking to establish an anti-bullying procedure or get bullying advice for employers, Employment Law Services can help. Our team have years of experience providing employers with expert advice. By choosing us, you’ll be ensuring your workplace remains safe and inclusive. Book a free consultation and we’ll see what we can do.

 

Contact us today.

On 7 August 2023, the UK government announced the tripling of fines for the employment of illegal workers. The last time this civil penalty was increased was in 2014, with a first-time breach costing £15,000 and repeat breaches costing £20,000. The increase, set to be implemented in early 2024, will see fines rise to £45,000 for first time offences and £60,000 for repeat offences respectively.

The government has said the move is necessary to combat illegal working practices in the UK, reportedly at their highest levels since 2019. Since 2018, the Home Office has recorded around 5,000 civil penalties issued to employers totalling an estimated £88.4 million. This is based on quarterly reports to assess the government’s illegal workers policy.

 

What employers need to know

It is unlawful to employ someone who does not have the right to reside and the appropriate right to work in the UK or who is working in breach of their conditions of stay.

Currently, those that employ individuals without the right work in the UK can face up to 5 years jail time, in addition to the fines. The regulations also affect landlords who allow illegal migrants to rent their properties. However, this only applies in the case the employer/owner has ‘reasonable cause to believe’ someone doesn’t have the right to work in the UK. Examples include:

• False or incorrect papers
• Their leave has expired
• They have not been given permission to do certain types of work
• They were not granted permission to enter or remain in the UK

If you are found to be in breach of these regulations as an employer, you will be issued a civil penalty notice. This contains details on how you can pay the fine, the next course of action, and what can be done to make an objection. After receiving the notice, employers have 28 days to respond.

In light of these upcoming fine increases, it is therefore advised that employers conduct thorough employee background checks. This allows them to obtain a statutory excuse to the civil liability penalties outlines above.

Employees

The individuals caught working illegally are also deemed to be committing a criminal offence. As a result, while their penalties are not as severe as those for employers, they still face consequences. This can include fines, confiscation of wage earnings, and up to 6 months imprisonment.

 

Conducting right to work checks

It is the responsibility of all UK employers to prevent illegal working. Therefore, reporting an illegal worker should be a step that businesses never reach. This can be avoided by conducting right to work checks on an employee-to-employee basis. While there is official government guidance on how to do this, here is a list of simplified advice:

• Check the eligibility of all prospective employees prior to their first working day.
• Conduct follow-up checks on those with UK right to work permissions subject to a time limit.
• Keep records of what checks were carried out and when. This information should be stored securely so it can be referred to if necessary.
• Do not employ individuals where it has come to your attention, or you have ‘reasonable cause to believe’, they are an illegal worker.

With the tripling of fines for employers who employ illegal workers, this is now more important than ever. This is because the fines now represent a more significant financial risk to business owners. Therefore, if you’re unsure of anything related to illegal working regulations in the UK, you should seek the advice from employment law professionals.

 

Avoiding claims of discrimination

To avoid claims for discrimination, employers should carry out appropriate checks on all prospective employees, not merely those who appear to be of non-British descent.  To assist employers, the Home Office issued a Code of Practice, which came into force in May 2014.  This latest version, which applies to employment commencing on or after 6 April 2022 and where a repeat check is required on an existing worker on or after that date, includes changes to further clarify the code of practice, including the meaning of terms used within it, what amounts to unlawful discrimination, and how to avoid discrimination when carrying out right to work checks. There is also additional guidance on fair recruitment processes, including in relation to online checks, and information for employees about employers’ obligations to conduct right to work checks.

If an employer has carried out checks and established that an individual is not permitted to work in the UK, it can refuse to employ that person but failure to observe the code of practice may be taken into account by an employment tribunal in deciding whether there has been discrimination.

 

Employment law specialists

If you want help with employee right to work checks, contracts, HR policies, and more, look no further than Employment Law Services (ELS) LTD. We offer fixed fee legal solutions for both employees and employers. These are created in consideration of your business, its workers, and the situation. As a result, you can be confident in achieving the desired outcome for your business. Contact us today to book a consultation with members of our expert employment law team.

Social media is one of the most powerful tools for online communication today. As such, it’s used heavily by consumers and businesses alike. Since employees operate as both these agents, social media can lead to the crossing over of personal and professional lives. Whether they’re posting on behalf of your organisation or merely in association with it, employers should be mindful about how their reputation could be impacted.

Is there a solution? Yes, there are many things employers can do to manage the risks of social media in the workplace. Continue reading for our full guide.

 

Legal considerations

Social media doesn’t just refer to the use of popular platforms like Facebook and Instagram. Rather, employers must be aware of any internet-based tools employees can use to interact with each other and those outside the company.

Social media has come to the forefront of internet use, with 4.8 billion active users as of April 2023. While this growth has only occurred over the last two decades, there are some older laws that influence how social media is used. The social media laws for employers to be aware of are:

• The Human Rights Act 1998 – specifically article 8, which states people have a ‘right to respect for their private and family life, home and correspondence’. Article 10 also gives the right to freedom of expression.
• The Data Protection Act 2018 and UK GDPR – which regulates businesses on how employee and applicant information is collected, handled, and used. This gives individuals the right to access their information and get compensation where necessary.
• The Malicious Communications Act 1998 – which prevents the sending of communications (including online messages or letters) that convey a threat, grossly offensive or indecent message, or false information, if the intention of the sender is to cause distress or anxiety to the reader or recipient.
• Section 127 of the Communications Act 2003 – which provides that the use of public electronic communications equipment to send a message that is false, grossly offensive, or of an indecent, obscene or menacing character, will be punishable by either an imprisonment term not exceeding six months, or an unlimited fine, or both. It is also an offence to send a communication through a public network intended to cause annoyance, inconvenience or needless anxiety to the recipient.
• The Computer Misuse Act 1990 – which prevents the unauthorised access, modification and use of computer material, or the use of a computer to assist in a criminal offence.

 

Managing social media in the workplace

For employers, some degree social media management is important to protect their business. This is because social media use has the potential to damage a business’s reputation unless there are certain guidelines in place. One reason for this can be workers misusing official accounts. It’s therefore important to first make employees aware of the three main uses of social media:

• Personal – private life.
• Professional – use of social media to growth a network of contacts, increase brand visibility, and bring in new business.
• Official – communications using the brand’s name as a representative.

Although only a few employees might have access to a company’s official social media accounts, many people have a separate work email address. This should be used exclusively for business-related purposes, as the company name is associated with the inbox.

Risks of social media to employers

When employees make posts or comments they shouldn’t, the consequences can be dire. Staff that can’t use and manage their email inbox effectively can be a security risk, for example. Here are the other workplace issues social media can create:

• Bullying / cyberbullying
• Loss of brand identity across multiple channels
• A PR crisis
• Copyright infringement
• Disorganisation

Over-managing

One option for employers is to limit the time or scope of social media use at work. However, close monitoring of employee social media use has the potential to create problems for employers. If workers feel like they’re constantly being watched, this can cause trust in management to break down. Even if you explain the reasons behind your actions, it can still result in a loss of privacy.

Furthermore, as mentioned above, there are laws to protect employee freedoms online. Depending on how far an employer’s efforts to manage social media use go, it could be seen as infringing on employee rights. In this case, the employer is open to employment claims.

 

Workplace social media policy

Businesses of any size can benefit from having a social media policy in place. This creates a framework that can be used to inform procedure and protect the organisation’s reputation. It should provide information to employees on what’s considered acceptable online behaviour. Employers should use their social media policy to establish the disciplinary process, along with what actions will be taken.

A social media policy can also serve to protect employee wellbeing, which is an obligation all employers share. It does this by avoiding negative outcomes like workplace bullying and the sharing of personal information.

Copyright training

A stark difference between personal and professional social media use is the increased risk of copyright. As a result, many employees may not be aware of what to look out for. Employers should therefore provide education on the best copyright practices online. This includes checking information sources for reputability and crediting material sources.

Company guidelines

Social media is a great way for businesses to interact with their audience. It can allow for natural connections that establish what the brand stands for. However, this can be undermined if employees aren’t aware of the company’s brand values when they’re posting online. A social media policy lets employees reference the business’s established content style and tone of voice.

It’s important for employers to be transparent. Social media guidelines make it clear to employees that you’re monitoring social media. This demonstrates your expectations, as well as your commitment to online safety.

Risks of information sharing

Place an emphasis on the risks of sharing confidential and proprietary information. This includes personal information relating to the employee themselves, along with anyone else in the workplace. Employees should be encouraged to consult a colleague before they post anything they’re unsure of.

Some employees may wish to remain absent from social media. Policies can account for this by requiring employees to ask permission before taking and sharing photos.

 

Employment lawyers for employers

If you’re unsure where to start when creating a workplace social media policy, book a free consultation with Employment Law Services. Members of our expert team will be happy to provide employment law advice for businesses. Contact us today.

Redundancy can happen for any number of reasons, leading to reductions in a business’s workforce. Whether you’re expecting it or not, the important thing is to remain calm. There are laws in place to govern redundancy for employees. This includes redundancy pay, notice periods, the nature of dismissal, and more. 

Knowledge of redundancy law is important for both employees and employers. That’s why we’re breaking down each aspect of employee redundancy law below. 

 

Redundancy law for employees

It’s enshrined in redundancy law UK for employers that employees are entitled to certain allowances. This is designed to protect employees’ rights and prevent exploitation. Two considerations during a redundancy are: 

• Compulsory redundancy – an employer selects who to make redundant. Selection must be transparent and based on fair criteria. 
• Voluntary redundancy – individual workers can volunteer to be made redundant. An employer will approach employees with a redundancy offer when they’re planning to remove certain job roles. 

Reasons for redundancy include: 

•  Where the business disappears, that is to say the employer is closing down the business altogether 
• The employer is closing down his business in the place where the employee is actually employed, which could be summarised by saying that the workplace disappears 
• The business has a diminished need for a particular role 

Employees facing redundancy have rights to the following: 

Redundancy pay 

Typically applies to employees that have worked for their current employer for at least two years. Statutory redundancy pay is not taxable under £30,000 and is calculated based on weekly earnings. For those under 22, it’s half a week’s pay for each full year. Between 23-41 it’s one week’s pay per full year. Then for employees over 41 it’s a week and a half pay per year. 

Exceptions to redundancy pay occur when an employer offers to keep an employee on, or when the employee refuses an offer of suitable alternative work. Employees are also not entitled to statutory redundancy pay if they fall into one of these categories: 

• Crown servants, armed forces members, police. 
• Apprentices. 
• Formerly registered dock workers and share fishermen. 
• Domestic servants who share a familial connection with the employer 

Along with statutory redundancy pay, employees are entitled to their holiday pay and any contractual company benefits when they’re made redundant. 

Notice period

Employees being made redundant must be given a notice period prior to the end of employment. The duration of this period may vary between jobs, although it will likely be included in the contact. If not stated in the contract, the notice periods for statutory redundancy are: 

• At least a week for those that have been employed by the same organisation for between one month and two years. 
• One week per year of employment for those between two and twelve years. 
• Twelve weeks for those employed for longer than twelve years. 

Employer consultation

Employees are entitled to a consultation with their employer to talk about the reasons for redundancy, as well as any alternatives. There aren’t any associated parameters if there are a total of 19 or less redundancies taking place. However, employers at a single establishment are making 20 or more within a 90-day period, they are bound by collective redundancy rules. 

In this event, the consultation should take place between the employer and a representative. They can either be nominated from among the employees or provided by a trade union. The minimum length of a collective consultation varies depending on the number of redundancies. For 99 or less it can take at least 30 days, and for 100 or more this is 45 days. It covers: 

• Reasons behind redundancies 
• Measures to avoid redundancies 
• How to minimise dismissals 
• How to limit the effects of redundancy for employees 

UK businesses must notify the Redundancy Payments Service (RPS) before the start of a collective consultation. This is done by filing form HR1. Employers open themselves up to unlimited fines if they don’t follow this procedure. 

Read the full list of legal requirements for collective consultations. 

Option for job moves

Although it’s not guaranteed, employees facing redundancy might be offered suitable alternative employment. This will be in another role within the same organisation. Job suitability criteria includes: 

• The job terms 
• The employees’ relative skills, abilities, qualifications, and circumstances 
• The pay, benefits, status, hours, and location 
• The similarity of the work compared to the employees’ current role 

Employees offered alternative employment have the right to a 4-week trial period. During this time, they can voice any reservations about the role and decide if the job is unsuitable. Refusing alternative employment during this period will not affect their employee rights, which includes statutory redundancy pay.  

In a similar vein, employees that have been continuously employed for at least two years can request time off to find a new job. Employers can also provide training to help the employee find another job. The amount of time granted will vary depending on the individual’s circumstances. Any time off must be paid up to a maximum of 40% of week’s pay. 

 

Unfair dismissal

A major aspect of redundancy law is the grounds for dismissal. Under UK law, employees cannot be selected for dismissal due to reasons relating to gender, sex, age, disability, or pregnancy. If you suspect you’ve been subject to an unfair dismissal, or you employer hasn’t fulfilled redundancy responsibilities, you could make a claim to an employment tribunal. 

Employees should also be aware that employers must provide a reason for dismissal that’s consistent across employees. For example, one employee can’t be dismissed when another has done the same thing and kept their job. It’s advisable to obtain your dismissal in writing. 

 

Get redundancy advice for employers

At Employment Law Services, we understand that redundancy can be an awkward and complicated process. Fortunately, our specialist team are experts in employment law for business. This allows us to help employers and employees make the most of tricky legal situations like redundancy. 

Contact us today. 

The UK Government may have scrapped the controversial ‘Sunset Clause’ but there are still plans to reform retained EU employment law that will have implications for UK Employers.

 

Background

Following the introduction of the European Union (Withdrawal) Act 2018, the legislation that allowed the UK to leave the EU, a new category of UK law was created – EU Retained Law – which preserved EU derived law that would continue to apply in the UK after Brexit, including large sections of UK employment law.

 

The Brexit Freedom Bill

In September 2022 the UK Government introduced the Retained EU Law (Revocation and Reform) Bill, the intended purpose of which was to repeal, amend or replace thousands of EU laws and regulations.  Included in the Retained EU Law (Revocation and Reform) Bill was a “sunset” clause that would have potentially seen all retained direct EU legislation and EU-derived subordinate legislation implementing EU law (regulations) scrapped entirely on 31 December 2023 unless otherwise preserved, ending the principle of the supremacy of EU law, general principles of EU law, and directly effective EU rights.

The sunset clause was considered controversial and created legal uncertainty because it was unclear which EU laws would be retained, replaced or revoked.

 

Sunset Clause Scrapped

In early May 2023, the UK Government confirmed that it was scrapping the sunset clause in the Retained EU Law (Revocation and Reform) Bill and in its place, it has set out a list of 600 pieces of retained EU law that will be revoked on 31 December 2023, most of which appear to be either obsolete and unnecessary, burdensome and duplicative or irrelevant to the UK.

 

Reforms to Retained EU Employment Law

On 10 May 2023, the UK Government published a Policy Paper on Smarter Regulation to Grow the Economy and launched a Consultation on Retained EU Employment Law, namely reforms to the Working Time Regulations, Holiday Pay, and the Transfer of Undertakings (Protection of Employment) Regulations.

In its consultation paper, the UK Government has identified three key areas it believes could benefit from reform that it says would ensure they are fit for purpose for both businesses and workers.

 

Record keeping requirements under the Working Time Regulations

The UK Government is considering removing the requirement that records must be kept in relation to the right to a minimum daily rest period of 11 consecutive hours in each 24-hour period; the right to a minimum uninterrupted period of rest of 24 hours in each seven-day period; and the limit on the maximum weekly working time by introducing legislation to clarify that businesses do not have to keep a record of daily working hours of their workers.

 

Simplifying annual leave and holiday pay calculations in the Working Time Regulations.

 

The UK Government is considering combining the right under EU Working Time Directive to 4 weeks’ annual leave entitlement with the domestic right to an addition 1.6 weeks’ annual leave to create a single statutory entitlement of 5.6 weeks’ and introduce a standardised holiday pay calculation method across the single entitlement. They are also proposing to allow employers to pay “rolled-up” holiday pay, something that was deemed unlawful by the European Court of Justice.

 

Consultation requirements under the Transfer of Undertakings (Protection of Employment), or ‘TUPE’, Regulations.

The UK Government is considering removing the requirement to consult with employee representatives for businesses with fewer than 50 employees (currently 10) where the transfer affects less than 10 employees and instead allow employers to consult with employees directly.

Although the UK Government may have scrapped the controversial ‘Sunset Clause’, which would have potentially created a legislative black hole and significant uncertainty for employers, the above changes being proposed appear to make clear that the current UK Government is intent on reforming retained EU employment laws and this will continue to create uncertainty for UK employers.

We will continue to closely monitor the situation and track changes to EU employment law legislation to ensure we keep ahead of the regulatory changes that are almost certainly coming.

 

Do You Need Assistance?

The specialist employment law team at Employment Law Services (ELS) LTD have extensive experience in advising UK Employers on their legal obligations to ensure compliance.  If you have any queries about your legal obligations you can call us on 0800 612 4772, Contact Us via our website or Book a Free Consultation online.