How to avoid the festive fear after your Christmas Work party

Avoiding festive fear after your Christmas Work Party

Christmas work party season is underway!

From now until Christmas (and maybe even beyond) employers all over the country may be treating their employees to slap-up meals and alcoholic refreshments to thank them for their hard work over the course of the year.

Over the last couple of years, employees may have missed out on their Christmas Work Party due to COVID-19 cases, so this year may be many companies’ first Christmas work party. Reminding employees that whilst it’s outside normal working hours the Christmas Work party is still a work event.

The Christmas work party season is a great team-building opportunity, turning workmates into real mates and giving colleagues the opportunity to get to know each other in more informal surroundings. Unfortunately, because of various pieces of legislation, employers need to set out the standards of acceptable behaviour for their workers at the Christmas Work Party (or at least explain this clearly to staff beforehand).

This is because:

Employers can be held liable for harm (under health and safety laws) or harassment caused to or by their employees, or for negligent acts of their employees.

Employers have a responsibility for their staff’s actions, even outside of normal working hours or outside of the normal working environment. Any social event organised by the employer is an ‘extension’ of the workplace – regardless of the place or time of the event

Workplace policies on bullying and harassment and discrimination still apply at the Christmas work party. Just make sure everyone knows this and knows what they are. Employers should remind staff that it is how a person perceives the behaviour that is taken into consideration, should a claim arise, and not how the behaviour is meant.

How can you avoid party problems this Christmas party season?


· Pre-Party Communications Aside from details such as date, time, and venue, employers should provide employees with a gentle reminder that the Christmas party is an extension of the workplace and that certain standards are expected of them and that the normal disciplinary rules will apply should any incidents arise (in the least killjoy way possible!)


· Open to all It is vital that you ensure the party is timed so that all employees, regardless of age, gender, religion, disability or any other factor have the opportunity to attend. Should any section of the workforce be seen to be favoured or discriminated against in this way, employers could find themselves under question.


· Limit the Free Bar In order to prevent people behaving in an unacceptable manner, employers need to take a sensible approach to the provision of alcohol and be alerted to take quick action to nip any unruly behaviour in the bud.


· Getting Home Consider how your employees will get home after the party. Issue advice in advance about not drinking and driving. Can the employer provide transport home, e.g. taxi pooling/coaches? At the very least encourage employees to think about how they will get home.


· The Morning After Where possible arrange for your party to be held on a night were as few people as possible are working the following day. Be clear about your expectations regarding absence the next day and explain that disciplinary action may be taken if your expectations are breached.

What amounts to gross misconduct?

Gross misconduct may vary from business to business, gross misconduct should be detailed within the employee handbook.  Misconduct at a Christmas work party, may include;

  • Harassment or bullying
  • Physical violence
  • Theft
  • Rude behaviour

A piece of case law that emphasises the pitfalls and problems that a work party can bring is Gimson v Display By Design Ltd Mr Gimson was employed as an operative. While walking home with a group of colleagues after their Christmas work party, he disagreed with one of his colleagues and then punched another colleague in the face.

The employer subsequently instigated its disciplinary procedure and summarily dismissed Mr. Gimson for gross misconduct, finding from its investigation that there was no provocation. Mr. Gimson’s appeal was rejected.

When dealing with situations like behaviour misconduct at Christmas work parties, previous actions should be consistent when taken action. Taking time to consider any comparable situations, the employee may have, minimising the risk of unfair dismissal cases.

Investigations should be started without delay with a further and meaningful investigation completed. Gathering evidence is a critical aspect of the investigation together with consulting with employees.

Steps for minimising misconduct at Christmas work party

  1. Creating a policy for conduct at work-related events
  2. Clearly detailing expectations for employee behaviour
  3. Employers should remind employees of the work-related policy prior to the Christmas work party
  4. Written and verbal communication may be necessary to further minimise the possibility of breaching policies leading to disciplinary action
  5. The communication may detail starting and finishing times of the Christmas work party, expectations for employee conduct, and reminding employees not to act any differently than they would in a normal working environment.

The Christmas work party should be a time to celebrate the successes of the year and enjoy spending time with colleagues outside of the work environment. If certain precautionary preparations are made, employers can relax at night, safe in the knowledge that they have taken steps to ensure the safety of their staff, therefore avoiding potential liability.

Christmas Work Party memo example

The Christmas parties will be held on INSERT DATE.

We would like to take this time to celebrate 2023’s achievements. It has been a very busy year for everyone.  

Please remember however, that it is a work function and an appropriate standard of conduct is expected. I have attached details of the Bullying & Harassment (Dignity at Work) policy. Please also note the Alcohol, Drugs, & Solvent abuse policyBoth policies are included in the employee handbook.

Please familiarise yourself with these policies and be mindful of your obligations with respect to each of them.

Employees who organise informal events after work, particularly in venues close to the workplace, should recognise that such events may be classed as work-related functions. It is therefore imperative that employees conduct themselves in a proper manner and avoid bringing the Company into disrepute.

Whilst I would like everyone to enjoy themselves, I must make it clear that any employee found to be guilty of misconduct during any such event will be subject to the Disciplinary Procedure in the same way as they would had the misconduct occurred in the normal course of employment.’

If, unfortunately, an incident occurs at the Christmas work party, contact our HR consultants for HR support to ensure the company is following employment laws and procedures.

Coronavirus: FAQs

Q. What is the current guidance on coronavirus self-isolation?

As of 17th March 2020 the NHS are recommending that:

  • If you have symptoms, stay at home for 7 days.
  • If you live with other people, they should stay at home for 14 days from the day the first person got symptoms

If you live with someone who is 70 or over, has a long-term condition, is pregnant or has a weakened immune system, try to find somewhere else for them to stay for 14 days. If you have to stay at home together, try to keep away from each other as much as possible.

Q. For those self-isolating because someone within their household is displaying symptoms of
Coronavirus what should they be paid?

Employees and workers must receive any SSP (and Company Sick Pay if applicable) due to them
if they need to self-isolate because:

  • They have coronavirus
  • They have coronavirus symptoms (a high temperature and/or new continuous cough)
  • Someone in their household has coronavirus symptoms
  • They’ve been told to self-isolate by a doctor or NHS 111.

Q. An employee who lives with a person who is at higher risk but doesn’t have any symptoms doesn’t want to come to work as a precaution. What do they get paid?

In these circumstances as no one in their household has the symptoms the employee would not have any entitlement to sick pay.  Therefore, they would need to request holidays or unpaid leave.

Q. I have a pregnant employee who carries out a customer facing role.  We have reviewed her role but home working is not appropriate and we cannot put in place any other measures to eliminate/minimise the risk. What should we do?

In the event that you cannot eliminate the risk of harm to a pregnant employee you should place them on health and safety leave until such time as the risk has subsided.  The pregnant employee would be paid their normal rate for this time.  

Q. What do we do if someone becomes unwell at work

If someone becomes unwell in the workplace and has recently come back from an area affected by coronavirus, they
should:

  • Get at least 2 metres (7 feet) away from other people
  • Go to a room or area behind a closed door, such as an office
  • Avoid touching anything
  • Cough or sneeze into a tissue and put it in a bin, or if they do not have tissues, cough and sneeze into the crook of their
    elbow
  • Use a separate bathroom from others, if possible

The unwell person should use their own mobile phone to call either:

  • For NHS advice: 111 for an ambulance
  • If they’re seriously ill or injured or their life is at risk: 999

They should tell the operator:

  • Their symptoms
  • Which country they’ve returned from in the last 14 days
  • If someone with coronavirus comes to work

Q. What happens if I need to close the workplace

You should plan in case you need to close temporarily. For example, making sure your employees have a way to
communicate with you and other people they work with.

Where work can be done at home, you could:

  • Ask staff who have work laptops or mobile phones to take them home so they can carry on working 
  • Arrange paperwork tasks that can be done at home for staff who do not work on computers

In some situations, you might need to close down your business for a short time. In these circumstances you
may need to invoke the Short Time Working / Temporary Lay-off clause in your contracts of employment (if applicable). 

If your contracts do not contain this clause you will need to pay employees their normal pay for this time off.

Coronavirus – Guide for Employers

Coronavirus: Advice for Clients

The risk of catching coronavirus in workplaces is currently low.  However, it would advisable to remind all employees / workers / visitors attending your premises to follow simple hygiene rules, such as:

  • washing hands thoroughly with hot water and soap
  • using tissues when sneezing or coughing and throwing them away in a bin (Catch it, Bin it, Kill it)

Coronavirus health and safety steps for employers 

In case coronavirus spreads more widely in the UK and Ireland, you should consider some simple steps to help protect the health and safety of your employees.

These steps may include:

  • keep everyone updated on actions being taken to reduce risks of exposure in the workplace
  • make sure everyone’s contact numbers and emergency contact details are up to date
  • make sure managers know how to spot symptoms of coronavirus and are clear on any relevant processes, for example sickness reporting and sick pay, and procedures in case someone in the workplace develops the virus
  • make sure there are clean places to wash hands with hot water and soap, and encourage everyone to wash their hands regularly
  • give out hand sanitisers and tissues to employees, and encourage them to use them
  • consider if protective face masks might help for people working in particularly vulnerable situations
  • consider postponing any travel planned to affected areas or whether alternative methods (such as video calling etc) could be used

It is important that you and your employees do not single anyone out. For example, treating a person differently simply because of their race or ethnicity.

Sick pay for coronavirus absences 

Your normal sick leave and pay entitlements apply if someone has coronavirus. Employees should still abide by your normal absence notification procedures if they are affected by coronavirus.

However, you may need to make allowances around the certification of these absences. For example, the employee might not be able to get a Statement of Fitness for Work from their doctor if they’ve been told to self-isolate for 14 days.

If someone is not sick but cannot work because they’re in self-isolation or quarantine

There’s no legal right to pay if someone is not sick but cannot work because they:

  • have been told by a medical expert to self-isolate
  • have had to go into quarantine
  • are abroad in an affected area and are not allowed to travel back to the UK

But it would be considered good practice for you to treat it as sick leave and follow your normal absence policy or agree for the time to be taken as holiday.

Otherwise there’s a risk an employee will come to work because they want / need to be paid and could therefore spread the virus, if they have it.

If an employee is not sick but the employer tells them not to come to work

If an employee is not sick but you tell them not to come to work, they should get their normal pay. For example, if someone has returned from China / Northern Italy or another affected area and you ask them not to come in.

If employees do not want to go to work

Some people might feel they do not want to go to work if they’re afraid of catching coronavirus.

You should listen to any genuine concerns employees may have and try to resolve them.

If an employee still does not want to go in, you may be able to arrange for them to take the time off as holiday or unpaid leave. You do not have to agree to this. If an employee refuses to attend work, it could result in disciplinary action.

If someone becomes unwell at work

If someone becomes unwell in the workplace and has recently come back from an area affected by coronavirus, they should:

  • get at least 2 metres (7 feet) away from other people
  • go to a room or area behind a closed door, such as an office
  • avoid touching anything
  • cough or sneeze into a tissue and put it in a bin, or if they do not have tissues, cough and sneeze into the crook of their elbow
  • use a separate bathroom from others, if possible

The unwell person should use their own mobile phone to call either:

  • For NHS advice: 111for an ambulance
  • If they’re seriously ill or injured or their life is at risk: 999

They should tell the operator:

  • their symptoms
  • which country they’ve returned from in the last 14 days
  • If someone with coronavirus comes to work

If someone with coronavirus comes to work, the workplace does not necessarily have to close.

The local Public Health Authority (PHA) health protection team will get in contact with you to:

  • discuss the case
  • identify people who have been in contact with the affected person
  • carry out a risk assessment
  • advise on any actions or precautions to take

If the employer needs to close the workplace

Currently it is very unlikely that you will need to close your workplace.

But you should still plan in case you need to close temporarily. For example, making sure your employees have a way to communicate with you and other people they work with.

Where work can be done at home, you could:

  • ask staff who have work laptops or mobile phones to take them home so they can carry on working 
  • arrange paperwork tasks that can be done at home for staff who do not work on computers

In some situations, you might need to close down your business for a short time. In these circumstances you may need to invoke the Short Time Working / Temporary Lay-off clause in your contracts of employment (if applicable).  If your contracts do not contain this clause you will need to pay employees their normal pay for this time off.

This article is correct at 28/02/2020

DISCLAIMER:

The information in this article is provided as a guide and recommend that advice is obtained from one of our team before relying on information supplied anywhere within this article.

Incentivising employees in a SME

In our latest blog Neil McLeese, CEO at BeyondHR, explains what you need consider when thinking about how incentivising employees helps with productivity.

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Good news! Money isn’t everything for incentivising employees…

Professor Adrian Furnham wrote in The New Psychology of Money: “Psychological research has consistently suggested that where money has motivational power it is nearly always negative”.  The main reason for this is that money crowds out our innate desire to do a good job and leads to behaviours that work against employers’ interests.

Don’t get me wrong, financial reward is important for incentivising employees but only to a point.  People expect to get paid the ‘going rate’ for the work that they do but if you want to motivate your employees to deliver your organisational objectives you need to introduce incentives that influence their intrinsic motivations (i.e. their innate desire to do a good job).

There are never ending possibilities on the different practices you could introduce to create this influence.  But because each small business is different I have outlined the principles I think you should consider:

  • Employee Involvement

People generally feel more motivated and incentivised when they feel involved in something and feel like their opinion is listened to. Largely this involves meaningful two-way communication and where “employees views are sought out; they are listened to and see that their opinions count and make a difference. They speak out and challenge when appropriate.”  It isn’t by accident that a government commissioned study identified this point as one of the pillars of employee engagement.

As a business owner it can be daunting to seek out opinions of your employees because you might well disagree with your employees’ opinions. Thankfully, research has shown that it is the fact that opinions are sought out, rather than whether or not they are actioned, that is the motivating factor.  However, if you do disagree, it is important to explain why you disagree so you are not perceived as you ignoring employee opinions.

Another part of meaningful communication is making sure that you communicate your vision for the business and how each employee fits into that plan.  That way employees can buy into what you are trying to achieve and will understand how they can help achieve success.

  • Development Opportunities

Generally speaking, people want to develop and grow their skills.  This means that they may move jobs every few years in order to develop their portfolio of skills.  As the leader of a small business you will want to try and maximise your retention rate, employees have the skills to meet the current challenges as well as developing skills that may be needed in the future helps with retention rates.

This can either be in the way of formal training, in-house / on the job training or development projects. While formal training is sometimes necessary in order to get a fundamental grasp of a subject area it is worth pointing out that are many opportunities for development in a small business. Through your conversations (or appraisals) with employees you may be able to ascertain what their ambitions are. Keep this information in mind and try and get them involved in areas / projects that can help develop their skills. 

The following exchange sums up the importance of employee development:

CFO: “what if we spend our time and resources developing our employees and they leave?”

CEO: “what if we don’t train them and they stay!”

  • Flexibility

I’m sure everyone has heard the saying ‘you can make more money, but you can’t make more time.’ With the hectic pace of life, more employees than ever are struggling to find the time for family, friends and hobbies.

By offering your employees some flexibility in hours, or perhaps the ability to work from home occasionally, you’re acknowledging that you know they have a life outside of work goes a long way for incentivising employees.

Even if you can’t offer your employees benefits like everyday core hours or work-from-home days, you might still be able to grant some flexibility. Even being understanding when a family emergency happens or when their car breaks down can make the difference between fostering loyalty to your business or sending your employees back to the job boards.

  • Recognition

Nothing is more discouraging than working hard on a project, only to have your hard work ignored and unnoticed.

You should provide your employees with recognition for their hard work on a regular basis. Don’t let a hard worker spend weeks or months thinking you didn’t notice when he or she helped with a new product launch or went above and beyond the call of duty when helping with an emergency.

BeyondHR are a team of professional HR Consultants with offices in Northern Ireland and Scotland. We have more than 25 years’ proven experience of providing HR advice for employers including employment law support through our range of outsourced HR services and HR projects. If you would like more information on this blog please do not hesitate to get in touch.

Employee well-being and EAP?

In his latest blog Neil McLeese, Director at BeyondHR, explains what an Employee Assistance Programme (EAP) is and what benefits it might hold for your business to improve employee well-being.

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What is an EAP?

An Employee Assistance Programme is a preventative and reactive support service, supplied by an organisation to its employees.

The purpose of an EAP is to not to only help service users in times of distress, but also to support people prioritising their mental wellbeing.

EAPs usually offer access to supports around areas of life that are widely acknowledged as stressors and therefore effecting employee well-being, such as legal professionals issues, financial difficulties experts and more.

This is also why EAP programmes usually provide access to partners and dependent children over 16, as again it is understood if we are concerned about the people closest to us in life this too can affect our mental wellbeing.

The EAP offered by our partner, Spectrum.Life, is the most comprehensive on the market. They offer a range of routes to access the service including live chat and free phone telephone support. From this they offer referral to professional services (legal, professional, mediation, life coaching and more), referral into short term mental health intervention which can be face-to-face, telephone or video counselling sessions, as well as access to hours of evidence-based eLearning content around mental health topics and more.

What are the benefits of improving employee well-being for your business?

  • Improved Productivity

Research has shown that three-quarters of employees showed a significant increase in work productivity after accessing EAP services. This doesn’t just help boost profitability, but can also help strengthen morale in the workplace.

Individual mental health has an impact on workplace performance, so it’s in an employer’s interest to ensure employees feel that they can deal with life’s challenges.

  • Reduce Absenteeism

Encouraging employees to make use of an EAP can help reduce the number of sick days taken.

BeyondHR are a team of professional HR Consultants with offices in England, Scotland, Wales and Northern Ireland. We have more than 25 years proven experience of providing HR advice for employers including employment law support through our range of outsourced HR services and HR projects.

We have recently partnered with Spectrum.Life, who are a leading EAP provider.  As a Spectrum.Life partner we are able to offer preferential EAP rates for our clients. If you would like more information on this blog or our EAP offering please do not hesitate to get in touch.

BeyondHR expands into Glasgow

BeyondHR have recently opened an HR consultancy services office in Glasgow. We provide HR advice for employers across Scotland through our outsourced HR services or HR projects.

Neil McLeese, Director, stated “we are delighted to have expanded our HR support services to the SME market in Scotland. Since 1992 we have demonstrated that we can alleviate the pressures leaders of SMEs face through our outsourced HR services. We considered a range of locations for our expansion but were attracted by Scotland’s ambitious entrepreneurial spirit. Our immediate ambition is to become the foremost HR consultancy in Glasgow and we look forward to this challenge”.

We are looking forward to working with employers in Scotland. This might be as part of our outsourced HR services, management development programmes or assisting with a HR project.”

We are currently running free events each month with Viridor. If want to get a taste of our advice and services we would love it see you. Information on events can be found here.

BeyondHR are a team of professional HR Consultants with offices in Northern Ireland and Glasgow, Scotland. We have more than 25 years experience of providing outsourced HR services and HR projects for employers. If you would like more information please do not hesitate to get in touch or follow us on LinkedIn.

What to include in holiday pay?

In November 2014 the Employment Appeals Tribunal (EAT) issued its decision in the cases of Wood and Others v Hertel UK and Fulton and another v Bear Scotland Ltd.

WHAT HAS CHANGED FOR HOLIDAY PAY?

As widely expected, the decision is that, under UK law, workers must be paid normal remuneration during holidays. Normal pay is deemed to include non-guaranteed overtime, allowances and commission. Some good news is for employers is that if there is a gap of more than three months in any alleged series of deductions the industrial tribunal loses its jurisdiction to hear claims for the earlier deductions. In addition, workers are not entitled to retrospectively designate which holidays formed part of the 20 days of mandatory holiday to which this ruling applies, so it is unclear how they will establish when a deduction has been made.

DOES THIS APPLY TO NI?

It was initially unclear whether this ruling would apply in Northern Ireland. However in mid-December 2014 it was applied in the case of Robert Patterson v Castlereagh Borough Council [2014] NIIT 1793/13.Central to the issue in these proceedings was whether any period of annual leave which the claimant was entitled to should be calculated pursuant to Article 17 or Article 20 of the Employment Rights (NI) Order and whether the claimant had ‘normal working hours’. The tribunal emphasised the importance of the recent UKEAT authority of Fulton & others v Bear Scotland which clarified that ‘voluntary overtime’ which the claimant was not contractually obliged to do could not be included in the calculation of holiday pay, for the purposes of the WTR. 

In contrast, ‘compulsory overtime’ and ‘non-guaranteed overtime’ must be included in holiday pay calculation. It is vital that attention is paid to the 3 separate definitions of overtime clarified by the EAT and accepted by the tribunal in this case: 

a) ‘Non-guaranteed overtime’: where there is no obligation on the employer to provide the overtime but where the employee is obliged to work, if offered overtime.

b) ‘Voluntary overtime’: additional work which the employer asks an employee to do but which the employee is free to refuse.

c) ‘Compulsory overtime’: where the employer is contractually obliged to provide the overtime hours and the worker is contractually obliged to complete.

IS THIS THE FINAL OUTCOME?

This is unlikely to be the end of the story as the EAT have given leave for parties in the Wood and Others v Hertel UK and Fulton and another v Bear Scotland Ltd to appeal and we expect that this is likely to occur in due course but any outcome is unlikely to be known for some time.

RECOMMENDATIONS

Even though these cases could be appealed do not ignore this issue, as it will not go away.In the meantime, we would suggest that employers and employees discuss any concerns arising from this decision with a view to seeking agreement on any temporary measures or policy changes they feel may be necessary.In order to aid preparation for such discussions, and to identify potential backdated claims, employers should carry out an analysis of their holiday pay records to determine where there are or could be 3 month gaps that could invalidate any potential claims.

Rugby World Cup – Avoid Absenteeism

Recent research conducted throughout the UK by CV-Library has suggested that one in seven employees are tempted to skip work during the upcoming Rugby World Cup; this could mean that 4.4 million of the UK’s 31 million employees may partake in unauthorised absences during September and October.As such during the World Cup companies may notice an increase in absenteeism as employees take time off (i.e. unauthorised time) to watch or attend matches (or to recover after watching matches). In many cases employees may report his/her absence as sickness. So how can employers try avoid absenteeism in the workplace?

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Absence Management Policy to avoid absenteeism (Short Term Absence)

As we all know poor attendance can have serious consequences on the overall efficiency of the company, and on the morale of other employees who are required to undertake additional work in the absence of colleagues. For this reason it is important to have robust absence management policies in place to ensure absenteeism is kept to a minimum all year round and in particular during large sporting events such as the World Cup. What should you have in place?


1. An Absence Notification Procedure that details: Who the employee should make contact with should he/she is unable to attend for work.§ The time before which the employee should make contact i.e. before 8.00am or at least 1 hour before his/her shift is due to start.§ The method of communication that they should use to make contact i.e. contact must be by telephone call and text messages / emails are not acceptable.§ That the employee should provide the reason why they are off and how long they expect to be absent for. If they do not offer this information the person with whom they speak should ask the reason for absence and expected duration.


2. Attendance Records: it is good practice for a company to keep records detailing each occasion of absence that each employee has and the reasons for same. This will allow any pattern of absence or re-occuring reason for absence to be identified and dealt with appropriately (e.g. ill health management or disciplinary proceedings).


3. Return to Work (RTW) Interviews should be conducted by the employees line manager on their first day back after absence (no matter how long they were off for i.e. 1 day or 41 days). By conducting RTW interviews after every absence, employees soon become aware that he/she will expected to provide an explanation for the their absence and this can help prevent unnecessary ‘sick days’ occuring. (Please note that we can provide you with a template RTW interview which can be used).


Other issues that could emerge around the World Cup:· Employees attending for work in an unfit condition (under the influence of alcohol or hungover)· Employees misusing the internet facility to follow the progress of matches.In order to combat the aforementioned issues it is important that you have policies and procedures in place; for example:· Email and Internet Policy that details if the company’s computer/internet can be used for personal use and if so the times at which it can be used i.e. during recognised break times, furthermore, the social media policy should be incorporated. · Disciplinary Procedure that will highlight the potential consequences of a breach of any company policy i.e. “Unauthorised use of E-mail and/or the Internet” may constitute Major Misconduct and “Attending for, or being in an intoxicated state at work, or otherwise induced by alcohol, drugs or solvent abuse” may be classified as Gross Misconduct.


BeyondHR are a team of professional HR Consultants with offices in Northern Ireland and Glasgow, Scotland. We have more than 25 years proven experience of providing HR advice for employers including employment law support through our range of outsourced HR services. If you would like more information on this blog please do not hesitate to get in touch.

Age Discrimination – £40k award

As has been reported in the local and national media, a Northern Ireland woman who claimed that Dunnes Stores discriminated against her because of her age has been awarded £40,000 in settlement, as age discrimination is protected against in the workplace ensuring equality.


The Claimant had worked as a security manager for Dunnes since 2005 and had 23 years’ experience working in security roles in various stores. After turning 60, she was placed on a series of fixed term renewable contracts with the store until 2014 (when she was 63) at which point her contract was terminated.

Crucially these fixed term contracts were not imposed on other security personnel and other managers in the company, who it was alleged were all younger than her. Ms Dunbar brought a claim against the Company and was supported in doing so by the Equality Commission for Northern Ireland who described her case as ‘raising issues about the treatment of older workers as they approach or pass what used to be regarded as retirement age’.

Although Dunnes Stores settled the claim they do not accept that they had breached equality legislation but have agreed to liaise with the Equality Commission over policies, practices, training and procedures on equality of opportunity and, in particular, on age discrimination.

Lessons of this age discrimination case

It is important to remember that equality legislation, protects employees from unlawful discrimination on the basis of age. The obvious issue in this case was that the Claimant (an older worker) was treated less favourably than other (younger) workers. The Regulations prohibit all employers, regardless of size, from subjecting job applicants and employees, including contract workers and former employees, to age discrimination and harassment.

It is unlawful for an employer to discriminate in all aspects of the employment relationship, such as:

· recruitment and selection;

· terms and conditions of employment;

· working environment (conduct and harassment);

· access to (employment related) benefits;

· termination of employment – such as dismissal and redundancy;

· post-employment situations – such as the provision of references.

Although, in the case of Dunnes Stores, the Claimant was an older worker it is important to note that the reverse circumstances (i.e. a younger worker being treated less favourably than older workers) could potentially have constituted age discrimination.

Should you require any further information in relation to the above or would like a member of the team to talk to you about a specific issue please contact us on 028 2564 4110.

Recruitment basics

In today’s competitive market, most employers recognise that the success of an organisation can hinge on its people (aka the human resources), getting the recruitment basics correct is essential. Good employees can be difficult to find and to retain, and the skill involved in this element of human resources is often overlooked.

Recruitment actually provides opportunities for management to align staff skill sets to initiatives and goals, and for department and individual growth. When a vacancy arises in an organisation, tempting though it is to find a ‘quick fix’ solution, an employer can very easily end up with a ‘square peg in a round hole’, which only serves for a problematic and fraught probationary period for all parties concerned. If a recruitment process is rushed and/or lacks careful planning, this can result in a waste of financial resources and a frustrated employer as well as an unproductive and a demoralised employee, which can also have a detrimental effect on the team.

There is a common misconception that you need to ‘replace’ a leaver ‘like for like’, however, a vacancy can effectively open up opportunities for the employer to re-visit the role with a view to making changes for the betterment of the business. It is imperative that proper planning and evaluation of the need is undertaken, together with an objective and systematic recruitment exercise to ensure that the respective person has the right qualifications, skills, experience and attributes to meet the demands of the role in question.

In addition, all employers must be mindful of fair employment responsibilities, therefore such an approach can also go some considerable way towards meeting such obligations and indeed in defending any litigation which may arise through a Fair Employment Tribunal in respect of a discrimination claim.

Prior to hurriedly placing an advertisement before a media deadline expires, an employer should firstly carefully evaluate any changes which may be required, such as:

  • Tasks carried out by the previous employee
  • Tasks to be removed or added
  • Supervisory or lead responsibility
  • Budget responsibility
  • Working hours
  • Is there still a requirement for the job at all?

It is therefore most useful to conduct a JOB ANALYSIS as part of recruitment basics, in order to tailor the position to what is currently required within the business. This is an objective process used to collate information about the duties, responsibilities, requisite skills, competencies, outcomes and work environment of a particular job.

This can be done by reviewing the responsibilities of current employees – put simply: ask the team member what he/she does. In addition, analyse the work duties, tasks and responsibilities that the employee filling the position needs to accomplish. It is often helpful to research similar jobs on line for ideas.

Such objective information is necessary to enable a JOB DESCRIPTION to be compiled. A job description is an integral part of the recruitment and selection process, making it a part of recruitment basics for attracting the right candidate. It is a communication tool to advise employees (and applicants) where their job fits within the department and overall business.

The job description focuses the manager and any other employees already performing the job to agree on the responsibilities and scope of the position. Candidates are also informed about the duties and responsibilities of the position for which they are applying.

It clearly identifies the responsibilities of a specific job and assists the organisation in knowing the knowledge, skills, education, experience and capabilities sought in the employee, to enable an effective recruitment plan to be implemented. A job description may also help to protect an employer seeking to demonstrate why the candidate selected for the position was the most qualified (from a legal perspective).

Recruitment Basics – Job Description

The components of a Job Description are as follows:

  • Overall position description with general areas of responsibility listed
  • Essential functions of the job
  • Required knowledge, skills and abilities
  • Required education and experience
  • Description of the physical demands
  • Description of the work environment

A Job Description must be flexible enough so that employees become involved in cross-training, can help other colleagues complete a work task and are confident enough to make appropriate decisions (i.e. to avoid the “that’s not my job” syndrome). It is also important that it is reviewed periodically to ensure accurate reflection of what an employee is doing as well as the expectations of results of the employee.

Recruitment basics – Job Advertising

To ensure that your recruitment exercise is cost effective and attracts a high calibre of applicants, it is important to think carefully about your job advertisement and the contents of same. Firstly, the objective of the job advertisement is to market your company and attract interest by clearly stipulating the purpose of the position and the criteria to be met. Secondly, it should provide clear guidance on how to apply and the method of application.

The language that you use and the criteria that you detail is very important. Below is a list of the Do’s and Don’ts when it comes to compiling a job advertisement.

Do

Make the job advert headline relevant and clear.

· Use short sentences, simple language and be specific.

· Keep the text clear (i.e. use a suitable font, size and colour).

· Ensure that the selection criteria is consistent with the Job Description.

· Specify the essential criteria (i.e. criteria the applicant must satisfy in order to do the job).

· Specify the desirable criteria (i.e. criteria that will help the applicant to do the job).

· Stipulate the qualifications that the applicant must have attained.

Don’t

· Use jargon that is specific to the Company as external applicants may not understand.

· Overload the layout of the job advertisement. Use the space effectively.

· Use job titles and photographs that are associated with one or other of the sexes and have a distinctly male or female connotation e.g. Salesman or Saleswoman

· Use language that targets a particular type of applicant with a particular protected characteristic.

· Publish job advertisements in locations or publications where they are likely to be read only by persons who share a particular community background, or sex, or race, or disability, or sexual orientation, or age.

It is important to remember that anti-discrimination law prohibits discrimination based on the 9 protected characteristics (gender, race, religion or belief, disability, age, pregnancy and maternity, marriage and civil partnership, sexual orientation, gender reassignment) so the wording of your advertisement needs careful consideration.

Recruitment Basics Essential and Desirable Selection Criteria

Your selection criteria must be consistent with the job description and contain details about the qualifications, skills and experiences that will be required to carry out the duties of the job.Your job advertisement should include the essential criteria (those that the person must satisfy to be able to do the job) and the desirable criteria (those that will help to do the job). Attributes that are not identified as either essential or desirable should not be taken into consideration in the selection process. Having these criteria agreed at the beginning of the process is vital and will save time during the shortlisting and subsequent interview process.


Where and how to advertise a job

It is advisable to use a variety of different mediums to advertise your job. Advertising widely, may increase the number of eligible and suitably qualified candidates. Some of the different ways to advertise a job include;

  1. Newspapers and magazines
  2. Online job and recruitment sites
  3. Your website and social media channels
  4. Jobs and Benefits office and Job Centre network
  5. Employers Online NI
  6. Employment agencies

Before you decide, it is important to think about, how quickly you would like a response, how long do you want to advertise your job for and how much can you afford to pay.


When and how to apply

Decide what method best suits your business needs. For example you may want applicants to call and request an application pack from you or you may prefer for applicants to apply directly online. Either way, it is important to clearly state the application closing date, where the application must be sent and provide suitable contact details should the applicant have any queries about the job.


Should you require any further information on recruitment basics or would like a member of the team to talk to you about a possible recruitment exercise please contact us on 028 2564 4110.