Navigating out of a toxic workplace culture as a manager.

• How are toxic workplaces created?
• Disadvantages of a Toxic Workplace Culture.
• Identifying Signs of a Toxic Workplace Culture.
• Steps to Navigate Out of a Toxic Workplace Culture as a Manager.
• Examples of toxic workplace culture.

Every organisation dreams of a workplace where synergy flows, collaboration reigns, and success is a team effort. Yet, the stark reality many encounters is far from this ideal: a toxic workplace culture. This detrimental environment, marked by negativity, distrust, and high stress, is harmful not just to employees but to the overall success of the business.  

Recognising and addressing the issue is crucial to ensuring the longevity of the business.

From losing top talent, impacting brand reputation, and leading to legal implications businesses need to navigate out of a toxic workplace culture.

We have seen a lot about working in a toxic workplace culture across social media and media channels, in recent years changes have led to employees wanting a better work-life balance. Working in a toxic workplace may result in poor work-life balance leading to employees opting to look at a new company.

How are toxic workplaces created?

Toxic workplace cultures are presumed to be created by managers with weak leadership skills and lacking credibility, potentially due to a lack of training and/or experience. A manager/employee deemed as negative or toxic may spread this throughout the workforce, impacting the overall team. Potentially causing other employees to take more sick leave with increased stress levels.

Furthermore, these types of managers thrive with power and wanting to keep their seniority, they may use others to deflect from their failures in work performance.

Disadvantages of a Toxic Workplace Culture

A toxic workplace culture is more than just a challenging environment; it’s a breeding ground for multiple business pitfalls.  

Low Employee Morale

When working in a toxic workplace for a prolonged period, may harm an individual’s mental health. This may present itself as symptoms of anxiety, depression, and some employees’ burnout.

Employers will see as enthusiasm wanes so do employees’ drive to excel and provide results for the business. This is due to employees often doing the bare minimum, employers may feel this is out of laziness but within a toxic work environment, this will be out of diminished morale.

A toxic workplace culture drains employees emotionally leading to emotional exhaustion for employees. Employees will be physically there, however mentally and emotionally they are disengaged from the workplace.

Decreased Productivity:

In a toxic environment, employees are less likely to be creative and innovative, as employees are afraid to share opinions for fear of backlash or being ridiculed by others in the business. This may stem from senior management.

Inefficiencies within a business including if it’s lacking in trust and communication is limited, may lead and inefficiencies as employees might not share resources, information, or collaborate effectively. You may also see employees being distracted by gossiping and/or conflict with other employees, taking them away from their main responsibilities as they deal with other matters.

Increased Employee Turnover

Recruitment is expensive for businesses, constantly needing to hire and train new employees leads to high costs. Reducing available revenue for training and development of existing employees. Recruitment campaigns may be expensive due to advertising roles, interviewing, onboarding, and training. These costs aren’t just financial, but time resources adding more pressure on other employees to fit in shortlisting and interviewing.

Loss of business and client knowledge as when long-standing employees leave, they take with them years of knowledge and expertise, leaving a gap that’s hard to fill. Furthermore, the employee may have created strong working relationships with clients, leading to a breakdown in client relationships.

High turnover rates can create an environment of instability. New employees may feel insecure or uncertain about their future in the company, perpetuating the cycle.

Poor brand reputation

It may be difficult in attracting top talent, especially in niche industries or within smaller locations such as Northern Ireland or Glasgow City due to word of mouth. If a business has a reputation for a toxic workplace culture, this impacts gaining business partnerships.

Word of mouth can have extreme impacts on brand reputation, especially in specific industries where information can spread fast and impact the brand’s reputation. A reputation for a toxic culture can deter high-calibre candidates from even applying.

Clients and business partners may become concerned with high employee turnover especially if internal issues are publicised. Clients and partners may begin to ask questions regarding the management of their accounts and query the stability/values of the company.

Business partners may opt out of the partnership, due to concerns it will impact their brand reputation also.

In the age of online reviews and platforms like Glassdoor, disgruntled employees can share their experiences, impacting how the public perceives the company.

Legal implications

Incidents of discrimination, workplace harassment, or unfair treatment may result in legal implications against the business. If an employee feels mistreated by the business, may lead to a grievance and a tribunal claim. Tribunal claims may be expensive and time-consuming for businesses, as well as having a negative impact on reputation. As outcomes are frequently available online and only take a quick Google search.

Regulatory scrutiny with constant legal issues can put the company on the radar of regulatory bodies, leading to investigations or additional oversight. Furthermore, the business may lose their licenses. This will be depending on the industry, a toxic culture that leads to legal issues can risk the company’s operational licenses.

A toxic workplace culture, thus, isn’t merely an internal problem. Its ripple effects can spread far and wide, impacting almost every facet of the organisation. Addressing it isn’t just a matter of employee well-being (as crucial as that is) but also a critical business strategy.

Identifying Signs of a Toxic Workplace Culture

Awareness is the first step. Look out for:

1. Frequent Conflicts and Arguments: Persistent disagreements signal deeper cultural issues.

2. Lack of Communication: When there’s more whispering than open conversation, there’s a problem.

3. High-Stress Levels: Burnt-out employees and high absenteeism can indicate a toxic environment.

4. No Work-Life Balance: Expecting employees to be “always-on” can lead to rapid burnout.

5. Discrimination or Harassment: Any form of prejudice is a definite red flag.

Steps to Navigate Out of a Toxic Workplace Culture as a Manager

Addressing the issue head-on

Prior to taking action, you must identify the real issues by recognising the symptoms. You may think about carrying out confidential surveys, one-to-one conversations, and studying team dynamics.

Businesses need to admit the problem, acceptance of a toxic workplace culture is crucial to navigating out of the culture. You should not downplay or ignore issues as this will further alienate employees impacting trust.

For you to have a clear understanding of the root issues and causes, gather feedback from employees. This can be in the form of suggestion boxes, meetings, or feedback sessions.

Open communication

Check in with employees individually or within teams, gather an understanding of their workloads, and concerns, and discuss any problems they are facing. Create an environment with an open-door policy, ensuring employees are aware they can come to you with issues or concerns without repercussions. 

Keep employees in the loop after gathering feedback, showing the steps the business is taking to address concerns raised. Employees will feel more valuable, as their voice is being heard and actions happening.

Employee well-being initiatives

Your business will see the benefits of offering mental health support, this may be counselling services, stress management, or mindfulness training. Furthermore, bringing in experts to conduct mental health workshops.

Understanding and recognizing that a one-size-fits-all approach may not work within your business. Consider having flexible working options such as remote work, or flexibility in hours may be helpful employee well-being initiatives.

Training and development

Conflict resolution training is essential in equipping both managers and teams with the necessary skills to address and resolve disputes in a manner that is both amicable and constructive. Similarly, diversity and inclusion training is paramount in ensuring that every member of the organisation comprehends the significance of fostering a diverse workplace.

This training not only highlights the benefits of varied perspectives but also teaches individuals how to maintain an atmosphere of respect and inclusivity. In tandem with these trainings, leadership development plays a pivotal role.

By focusing on aspects such as empathy, active listening, and effective management strategies, this program aims to mold potential leaders in the organization, ensuring they are well-prepared to guide their teams to success.

Seeking external help

Hiring an HR consultant can be an invaluable step for many organisations. An external HR consultant brings to the table a fresh perspective on deep-seated problems, offering tailored solutions and even conducting workshops to tackle specific challenges.

 For instances where conflicts escalate to severe levels, mediation becomes a practical approach. By introducing a neutral third-party mediator, disputes can be resolved and frayed relationships can be restored. We have a mediation service, get in contact for how we can support this.

Additionally, to maintain the pulse of an organisation’s health and trajectory, it’s beneficial to engage in regular audits. By employing third-party firms for these audits, companies can unearth persistent issues and garner reassurance that they are navigating the right path.

Examples of toxic workplace culture

A toxic workplace culture can manifest in various ways, depending on the organisation and the people involved. Here are some examples to help illustrate the concept:

1. Power and control dynamics:

Micromanagement: Managers or supervisors constantly scrutinize and control even the minutest aspects of an employee’s work, causing feelings of distrust and suffocation.

Dictatorial leadership: Decisions are always top-down with no room for input from subordinates. Employees feel they have no voice or input to decisions within their work.

2. Poor communication:

Silos: Departments or teams hoard information and don’t collaborate with each other, leading to inefficiencies.

Ambiguous expectations: Employees are unclear about what’s expected of them, leading to confusion and mistakes.

3. Discrimination and favouritism:

Cliques and favouritism: Some employees receive preferential treatment based on personal relationships rather than merit, causing resentment among others.

Racial, gender, or age-based discrimination: Certain groups are treated unfairly or denied opportunities based on their race, gender, age, or other discriminatory factors.

4. Blame culture:

Avoiding responsibility: Mistakes are always someone else’s fault. Employees are quick to point fingers rather than collaborate on solutions.

Public shaming: When errors occur, they’re highlighted publicly, causing humiliation and fear.

5. Inadequate recognition and reward:

Unacknowledged efforts: Employees’ hard work and overtime go unnoticed, leading to feelings of being undervalued. Feel overtime is just expected to look good.

Wage inequality: Similar roles in the company have large pay disparities without clear reasons.

6. Unhealthy competition:

Sabotage: Employees undermine each other’s work or spread rumours to get ahead on the corporate ladder.

Stealing credit: Individuals take credit for team efforts or another colleague’s work.

7. Excessive workloads and burnout:

Always-on Culture: Employees are expected to be available round-the-clock, leading to burnout. Working late nights and “needing to” keep in touch when on holiday.

Unrealistic Expectations: Workloads keep increasing without corresponding increases in resources or time.

8. Harassment and bullying:

Sexual harassment: Unwanted advances, comments, or behaviours of a sexual nature.

Workplace bullying: Constant belittling, threats, or other forms of intimidation that create a hostile work environment.

9. Lack of growth opportunities:

Stagnation: Employees feel they’re stuck in their roles with no room for advancement or professional development.

Biased Promotions: Promotions aren’t based on merit but on favouritism or other non-work-related criteria.

10. Ignoring employee feedback:

Dismissive attitudes: Employee concerns and feedback are brushed off or outright ignored.

Retaliation: Employees who speak out about problems face negative consequences, discouraging others from voicing concerns.

There can be many more manifestations of a toxic work environment and the key is to recognise these signs early on and take steps to address and rectify them.

In essence, a toxic workplace culture is not just a HR concern; it’s a business one.

As a manager, the onus lies with you to steer your ship away from this storm. It might take time and effort, but the rewards of a happy, motivated team and a thriving organization are worth it. Embrace change, lead with empathy, and champion a culture where everyone thrives. We are here to help you through this challenging and often complex area.

What is the role of a manager in harassment?

The role of a manager when it comes to workplace harassment primarily is to prevent it from occurring however when handling bullying and harassment in the UK workplace it is fairly similar to other situations in the workplace.

This includes the implementation of policies, companies should have anti-harassment and anti-bullying policies within their employee handbooks. Employees must be given a copy of the handbook at the beginning of their employment and made aware of policies.

Creating a respectful and inclusive culture within a team may begin with the line manager’s attitude and behaviour towards team members. Modelling respectful and appropriate behaviour towards everyone in the workplace.

Training managers to understand workplace harassment is critical. Furthermore, the whole team should be trained appropriately also, for understanding what amounts to workplace harassment.

Managers have an obligation to intervene if they witness bullying or harassment in the workplace, managers do not have to wait until a formal grievance has been lodged.  However, if a formal grievance has been lodged managers should be proactive in handling these whilst being respectful and keeping all information confidential. Managers must follow correct procedures and policies.

Following the Equality Act 2010 UK, managers must ensure employees who filed complaints of workplace harassment are not victimised or retaliated against. The manager will also need to keep accurate records of workplace harassment incidents. Records of all conversations, investigations, and actions taken following the complaint.

A manager’s attitude and behaviours may have significant impacts on the prevalence of workplace harassment, especially in smaller organisations.

Definition of bullying and harassment

Harassment is unwanted conduct related to the equality grounds which damages, or is done with the aim of damaging, a person’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

CIPD research shows that 15% of employees had experienced bullying over the past three years, with 8% reporting harassment and 4% sexual harassment.

Organisations should not tolerate any form of unfair treatment such as bullying or harassment. Though some of the reasons for this are obvious (legal and reputational risk, work and underperformance), employers also have a duty of care to ensure that employees work in a safe environment, are treated with respect, and enjoy the quality of working life.

Bullying and harassment in the workplace is a difficult issue to address and deal with in the workplace, but it cannot be ignored. A person’s banter/jokes can be bullying to another person, especially if this banter is repetitive.

How do managers deal with harassment?

Managers have a crucial role in dealing with harassment, fostering a safe and respectful environment, and ensuring that any form of harassment is not tolerated. They must be equipped with the knowledge and tools to address such situations promptly and effectively.

 This starts with understanding the company’s anti-harassment policies and procedures, which should be clearly outlined in the organization’s employee handbook. Managers should be proactive in disseminating this information among employees, reinforcing the rules, and defining acceptable behaviour. Equally important is understanding the process for handling complaints, whether informal or formal and ensuring they are addressed without delay or bias.

Managers should be vigilant and proactive, not waiting for formal written complaints before taking action. Furthermore, these procedures should be reviewed and updated periodically to maintain compliance with evolving laws and norms. Hence, dealing with harassment is a multifaceted responsibility, requiring managers to act as educators, enforcers, mediators, and advocates for their employees.

The do’s and don’ts for handling workplace harassment

Do

• Have a clear policy drafted in employment handbooks outlining what is deemed as acceptable behaviour, including the definitions of bullying and harassment.
• Detailing the employer’s and employee’s responsibilities when it comes to workplace harassment.
• The company’s process for handling complaints should be outlined informally and formally.
• The policy must be communicated to all employees and always made available to read.
• Reviewing the policy frequently keeping it compliant.
• Line managers and team leaders must be fully versed on the policy, especially how and when to implement it.

Don’ts

• Don’t sit back and do nothing when concerns are raised.
• Don’t stand back until the issue is raised formally or in writing.
• Take shortcuts, make sure to follow the full process when dealing with raised concerns or formal complaints.

Poor management of sexual harassment report

A Leeds tribunal ruled in favour of a 19-year-old sales assistant, identified as Ms D, who accused her 40-year-old colleague, Mr F, and her employer of sexual harassment. The tribunal found that Mr F had subjected Ms D to unwelcome sexual conduct, and Ms G, who presided over Ms D’s grievance appeal, had “patronized and belittled” her, essentially suggesting that sexual harassment is an expected part of womanhood.

The harassment occurred when Ms D was reassigned to the warehouse due to a Covid-caused café closure. She reported Mr F touched her inappropriately and became more confident throughout the day. Mr F denied all allegations but the tribunal favoured Ms D’s account, noting inconsistencies in Mr F’s statement and that Ms D reported the incident almost immediately.

After confiding in her friend and her older sister, Ms D reported the incident to her team leader who then escalated it to the deputy manager and HR. An internal investigation found insufficient evidence to penalize Mr F, leading to an appeal on Ms D’s part.

In the appeal hearing, Ms G was recorded making comments that blamed Ms D for not stopping or reporting the harassment sooner. G’s views, seemingly normalized around the inevitability of harassment for women, were deemed by the tribunal as influential in her approach to the appeal and her refusal to act against Mr F.

Employment Judge Miller ruled that Mr F’s actions were an “escalating infringement” of Ms D’s personal space motivated by sexual interest and the claims of harassment were successful against Mr F and the employer. He also criticized Ms G’s approach, considering her questioning “badgering and repetitive” and concluded her views were inherently biased, creating an intimidating environment for Ms D.

source: people management

Bullying allegation led to UK MP resignation.

British Deputy Prime Minister and Justice Secretary, Dominic Raab, has resigned after allegations of bullying led to an independent investigation. Raab faced several complaints about his conduct from civil servants, particularly in Westminster, leading to a protracted inquiry. Despite the inquiry finding against him in only two out of numerous cases, Raab felt duty-bound to uphold his commitment to resign if any accusations were validated.

In his resignation letter, Raab expressed concerns that the inquiry could set a risky precedent, facilitating unwarranted complaints against ministers. He also lamented the leaks from employees, revealing aspects of his behaviour to the media. Raab insisted he acted professionally at all times, though he accepted the inquiry’s conclusion.

One verified incident involved Raab’s conduct with a senior diplomat during Brexit negotiations concerning Gibraltar. The second episode dated back to his tenure at the Ministry of Justice between 2021-2022.

Following Raab’s departure, Alex Chalk, MP for Cheltenham, is set to replace him as Justice Secretary, while Cabinet Office Minister, Oliver Dowden, will assume the role of Deputy Prime Minister.

Raab’s resignation marks the third departure of a senior minister under Prime Minister Rishi Sunak over personal conduct issues.

The allegations against Raab have highlighted the growing tension between the civil service and the government, with some employees even expressing fears about coming to work. Raab’s departure is seen as both a setback and an opportunity for Sunak, who enjoyed Raab’s political backing. The latter’s future involvement in the government remains to be seen.

Source: Aljazeera News

What is Harassment?

Harassment is unwanted conduct related to the equality grounds that damages, or is done with the aim of damaging, a person’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Types of Harassment

• Physical contact ranging from touching to serious assault
• Verbal and written harassment through jokes, teasing or banter, offensive language, gossip and slander, songs, letters
• Online harassment
• Visual displays of posters, graffiti, obscene gestures, flags, bunting and emblems
• Isolation or non-cooperation, exclusion from social activities
• Coercion ranging from pressure for sexual favours to pressure to participate in political/ religious groups
• Intrusion by pestering, spying, following etc

Implications of Harassment & Bullying

Harassment and bullying in the workplace are not only unethical but can also have far-reaching negative implications that extend beyond the individuals directly involved. These behaviours can create a hostile work environment, leading to a myriad of adverse outcomes affecting employees, management, and the overall organisation.

The toll can be both psychological, manifesting in stress-related complaints, and operational, such as lower productivity and increased staff turnover. Here are some significant implications of unchecked harassment and bullying within a work environment:

• Low morale and poor employee relations
• Increase in absenteeism
• Increased staff turnover
• Decline in productivity
• Lack of motivation
• Loss of respect for managers
• Damage to the image of the business
• Stress-related complaints, absences and claims
• Industrial Tribunal or other civil court claims

Workplace harassment of Remote Workers

The advent of remote work, while offering flexibility and efficiency, also presents new challenges for maintaining a respectful and inclusive work environment. Harassment and bullying can occur even outside traditional office spaces, manifesting subtly in various digital interactions.

The fact that these actions take place online can sometimes mask the severity of their impact, but they are no less detrimental. Remote workers might experience different forms of harassment and bullying, ranging from exclusion from online meetings to belittlement of their contributions, or even public humiliation on social platforms like Facebook.

Here are some of the ways in which bullying, and harassment can manifest in a remote work context:

• Posting on face book
• Micro-managing
• Demonstrating a subconscious bias
• Not inviting to online meetings
• Ignoring or belittling someone’s contribution at online meetings
• Failing to copy individual into emails
• Making decisions without including someone
• Ignoring/not calling someone 

Employee Rights for workplace harassment and bullying

• Right to work in a good and harmonious environment that is free from harassment and bullying
• To be treated with dignity, respect and courtesy
• Right to complain about such behaviour should it occur
• Right to have a complaint dealt with through the internal procedure seriously, promptly and confidentially
• Right not to be victimised should a complaint be raised whether they have made the complaint or given evidence or information in connection with a complaint

Employee’s Responsibilities for workplace harassment and bullying

• To comply with the Harassment & Bullying Policy
• To treat each other with dignity and respect
• Not to commit any acts of harassment & bullying against any person
• To be mindful of others when expressing views
• To discourage harassment and bullying by making it clear that they find such behaviour unacceptable
• To support co-workers who suffer such treatment
• To alert a manager or supervisor if aware of any incidence of harassment or bullying to enable it to be dealt with

Employer’s Responsibilities for workplace harassment and bullying

• To make good faith efforts to implement this policy
• To provide appropriate training
• To enforce the policy on a day to day basis through line managers and supervisors
• To set a good example for other employees to follow
• To intervene where necessary to protect and reassure employees
• To deal promptly with all complaints

Managers Responsibilities for workplace harassment and bullying

• You are a role model
• Employees will look to see what you say and do in dealing with harassment and bullying
• Do not engage in any harassment or bullying
• Do not turn a blind eye to any harassment or bullying
• Set a good example for other employees to follow
• Intervene where necessary to protect and reassure employees
• Support employees who complain of harassment or bullying

Contents

• Managing long-term health conditions in the Workplace.
• Long-term health conditions versus disability.
• Equality Act & Reasonable Adjustments – Top Tips.
• Possible Reasonable Adjustments.
• What happens if you do not make reasonable adjustments?
• Is long Covid a disability?
• Definition of Long Covid.
• Possible Support for employees experiencing long covid.
• Case studies – where it has gone wrong.
• 6 top tips for businesses for managing long-term health conditions

Long-term conditions are often referred to as chronic conditions within the UK, these conditions will require ongoing treatment and management. In some cases, for the person’s entire life, for example, asthma or diabetes.

Symptoms of long-term health conditions can vary, impacting the person’s quality of life and limiting the activities they can do. The person may require physical therapy or lifetime medication as a result of the condition. The condition may be slowly progressing, developing, and worsening over time, such as arthritis or heart disease.

In the UK, people with disabilities are protected under the Equality Act 2010. The Act outlines that a person has a disability when a physical or mental impairment has a substantial and long-term adverse impact on day-to-day activities. ‘Long-term’ means the conditions has lasted or are expected to last 12 months or more.

Long-term health conditions UK statistics

• 30% of the UK population live with one or more long-term health conditions.
• More than 4 million of these people also suffer from mental illness.
• The HSE reports there were 32.5 million estimated working days lost due to work-related ill health.
• People out of work due to long-term sickness increased by 363,000 since early 2020 (ONS)

Long-term health conditions versus disability

Whilst they are two distinct concepts, long-term health conditions and disability intersect with each other at times, we have provided an outline of each below.

Long-term health conditions also known as chronic diseases are health issues that need continual management usually for a longer period of time, or life falling diagnosis. Managing long-term health conditions can be overwhelming, due to it impacting a person’s quality of life.

Disability is an overarching term for impairments, movement limitations, and participation constraints, according to the World Health Organisation (WHO). A disability may emerge from a mental, physical, or sensory impairment i.e., losing their vision. A disability impacts how a person interacts in society.   

Considerations are needed for the barriers within a person’s environment preventing them from fully interacting in society, for example, if a person is in a wheelchair, they may only be disabled in environments lacking wheelchair accessibility.

Mental health may be defined as a disability when it significantly impacts a person’s daily life for at least 12 months, it is considered a disability under UK law. The Equality Act 2010 was developed to protect individuals suffering from mental health illness from discrimination and ensure equal opportunities.

• A long-term health condition is defined as a condition that cannot at present be cured but can be controlled by medication and therapies.
• A physical disability, or physical impairment, which may have a substantial and/or long-term adverse effect on a person’s ability to carry out normal day-to-day activities.
• This may include long-term conditions, which may have an impact on daily living, as well as physical challenges faced by some individuals.
• The key message here is about individuality, and not assuming that any condition affects everyone in the same way.

Equality Act & Reasonable Adjustments – Top Tips

*Remember* you are not an expert in the condition, and you are not expected to be! This is why hiring external support is crucial for guidance for best steps going forward when managing long-term health conditions.

Think outside the box when it comes to reasonable adjustments showing the business has taken all measures and considerations possible to make adjustments helping to keep the employee working with the company.

Remove the bias when managing long term health conditions. Each case is unique to the individual, impacting them in various ways. Don’t think “well my aunt had this condition and didn’t have this symptom; she could work without adjustments.” Taking advice from professionals, on a case-by-case understanding is highly recommended.

Keeping up to date is crucial, as consistently gathering information on employment laws and reasonable adjustments helps to manage long-term health conditions as well as keep the business on the right side of laws.

People managers have significant impact on employee health at work, more than many will realise – keep this in the back of your mind when managing long-term health conditions.

Possible Reasonable Adjustments

1. Phased return to work programme
2. Alterations to start and finish times
3. Altered hours, shorter days, days off in between workdays
4. Alteration to workload (fewer tasks than normal)
5. More time to complete tasks
6. Need for more regular breaks
7. Temporary changes to tasks
8. Seek professional advice

What happens if you do not make reasonable adjustments? 

Overlooking the importance of making reasonable adjustments in the workplace may have serious repercussions. Failure to comply with discrimination laws, employees may raise grievances against employers, and these may lead to tribunal claims. Tribunal claims may have a negative impact on the business’s reputation, impacting recruitment and retention of employees.

Discrimination claims are uncapped in relation to compensation for injury to feelings, meaning there may also be serious financial implications. Awards currently range from £1100 to £56,000. The financial implications only should put pressure on employers to take all necessary steps.

Failure to make reasonable adjustments may lead to negative employee relations, lowering staff morale and trust. This may result from employees feeling their needs are not being meet or addressed by the employer. Employers may see a drop in productivity and motivation.

Furthermore, the business’s reputation may be significantly impacted as corporate social responsibility (CSR) has a great sway on brand reputation. Poor CSR from being seen to discriminate against employees when managing long-term health conditions, may damage customer loyalty and future business leads.

Is long Covid a disability?

A disability is “a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to do normal day-to-day activities.”

Definition of Long Covid

“Post-COVID-19 condition occurs in individuals with a history of probable or confirmed SARS CoV-2 infection, usually 3 months from the onset of COVID-19 with symptoms and that last for at least 2 months and cannot be explained by an alternative diagnosis.” World Health Organisation

With each individual experiencing different symptoms, severity of symptoms and duration of symptoms of long Covid, it is hard to say whether it will always amount to a disability.  In October 2021, the ONS estimated that there was 1.2 million experiencing long COVID in the UK, in January 2023 this is now estimated to be 2 million.

The Trade Union Congress (TUC) had recently called for it to be recognised as a ‘deemed disability’ to overcome this issue – in other words, for it to automatically be accepted as a disability, bypassing the complexities of the statutory definition above.

However, if this was to be implemented, it will likely lead to arguments as to where the boundary between normal Covid and long Covid lies.

Due to the uncertainty as to whether long Covid will be a disability in each person’s circumstances, it will be lower risk for you to act on the basis that employees with it have a disability while more information is pending. This means focusing on the reasonable – adjustments you can make.

Even if long Covid is not a disability, you should be careful that policies do not disadvantage those with the condition or indirectly discriminate against other protected characteristics.

For example, long Covid has so far been found to affect older people, ethnic minorities, and women more severely. A SAGE independent report found that the general population usually experiences mild symptoms of COVID-19 and 5-10% will develop long COVD.

Symptoms of Long Covid

• Fatigue
• Headache
• Feeling unwell
• Breathlessness
• Cognitive symptoms-Brain fog, confusion, memory loss
• Persistent Cough
• Gastric problems
• Palpitations
• Neurological symptoms- ringing in the ears, loss of feeling in hands/feet.

Possible Support for employees experiencing long covid.

Managing long term health conditions brings the need for support systems in the business, taking consideration by a case-by-case bases.

•  Time off for appointments

•  No lone working

•  Clear objectives and regular communication

•  Working from home or Hybrid working model

•  Equipment adjustments

• What else is the employee asking for?
• What have the experts recommended?

Case study – where it has gone wrong.

L Buchan V West Lothian Board (2021)

An Edinburgh hospital worker was dismissed by health board following a long sickness absence, as of injuries sustained from being hit by a van door at work. Ms. Buchan won her unfair dismissal and disability discrimination case against NHS Lothian and awarded £11,571.51 by the tribunal. The compensation was for injury to feelings, as Ms Buchan claim of disability harassment was not upheld by the tribunal.

The accident had left her out of work for 2 years, previous to the accident Ms Buchan had been experiencing lower back pain and numbness in her fingers. Occupational health had done an assessment, but the pain did not affect Ms Buchan ability to attend work, prior to the accident she had no sickness absence.

The accident occurred in April 2019; Ms Buchan was opening one of the backdoors of the van she used for work. The wheelchair ramp extended unexpectantly, causing the other door to open causing Ms Buchan to be hit, falling to the ground.

Despite being injured Ms Buchan did not take any time off work but communicated to her line manager that her existing pain had worsen, particularly the pain and numbness in her left arm. Due to the persistent pain, she was signed off work even though she was trying to “push through” and continue to work.

Ms Buchan had raised issues regarding her pay, how her line manager handles the long-term absence and how her application for injury allowance was in the first instance unsuccessful. Fast forward to September 2020, during a meeting, dismissal had been mentioned causing Buchan to become upset and suggesting a role where she can work from home, as she had been signed off to do so.

A year later, NHS Lothian had come to the decision to terminate Ms Buchan employment on the grounds of capability due to her being unable to meet the expected standards of attendance for her current or other roles. When this decision was made, Ms Buchan had been on sick leave for 2 years due to a workplace injury.

NHS Lothian failed to make reasonable adjustments for Ms Buchan i.e., providing a work from home role. Leading to Ms Buchan being awarded £ 11,571.51. Learning from NHS Lothian is to train line managers on managing long-term health conditions, ensuring this doesn’t occur again.

6 top tips for businesses for managing long-term health conditions.

1. Treat each case individually: people experience with long-term health conditions is unique and should be managed in the same way. Creating plans specific to the person is highly recommended, whether this is working from home or flexible working times. Encourage open communication between the employee and line managers.
2. Proactively manage absence: employee handbooks should have an absence management policy, helping line managers to refer back to. Arrangements should be made in order to cover the person’s workload if absence for a long period of time. Consider the return-to-work process, will this be a phased return.
3. Educate line managers: training line managers on how to handle long-term health conditions, this involves signs of struggle in an employee, identifying the employers’ legal obligations and the support incentives available for the employee.
4. Take advice at every step of the way to keep you right: you are not expected to be an expert, consult with health professionals, lawyers and HR consultants regularly to help manage the situation properly. HR consultants will help line managers understand the risks involves by taking particular steps.  
5. Be mindful of uncapped claims: Employers have a duty of care, understand the laws as to not leave the company liable costing them possibly 10s of thousand pounds.
6. Be patient and trust the process: managing long-term health conditions is a long process, don’t make any quick/emotional decisions. Continue to make adjustments where possible and within reason, utilising all avenues available to the business i.e., external HR consultants.

When managing long-term health conditions investing in outsourced HR services is recommended. Our team of HR consultants can guide you through the process for managing long-term health conditions with the best practices.

Social media continues to adapt and develop, changing how businesses and their customers interact with each other. As with everything, social media has its pros and cons. More people than ever are using social media, many on multiple platforms sharing their photos/videos, thoughts/opinions, and lifestyles.

This opens a whole new arena for employers to deal with, especially when it comes to employees’ inappropriate behaviour on social media.  Due to social media the gap between, employees’ private life and work life has narrowed significantly.

As social media comes more and more part of our daily lives, we see the rise of inappropriate behaviour on social media. Business owners and managers need to be trained in managing inappropriate behaviour on social media, safeguarding businesses from tribunal claims.

Employees’ online and offline conduct outside of work can influence their employment and may result in the employee’s dismissal if deemed inappropriate and have an impact on the employer’s reputation.

However, employers shouldn’t react irrationally or without significant evidence whilst following the correct disciplinary procedure. Acting irrationally or too quickly may result in an unfair dismissal claim. Furthermore, businesses must consider whether the dismissal falls under ‘conduct’ or for ‘some other substantial reason.’

Employees’ inappropriate behaviour on social media can take different forms, including;

Harassment

Sharing or posting comments which are based on an individual’s gender, race, religion, sexual orientation, or other protected characteristics may amount to harassment.

This may involve engaging in cyberbullying, making comments which are deemed threatening or derogatory, or sharing harmful content on social media platforms.

Inappropriate/explicit content

Posting or sharing of content deemed to be inappropriate may include sexually explicit or violent images, sharing of drug or alcohol use, or profanity.

Political or religious content

Engaging in posts sharing an employee’s political or religious views, or alternatively the employee writing and posting it themselves. This can be seen as representing the business’s viewpoint which may impact the business’s reputation. This may include the singing of songs with paramilitary references.

Disclosing confidential information

Sharing of businesses’ confidential information on social media platforms, including any information about the company itself, it’s employees or clients. Sharing of this information could be deemed as a breach of confidentiality.

Denigrating remarks

Posting comments where the employee is criticizing the company, management, or co-workers. Furthermore, making negative comments regarding the business’s products or services as well as sharing any grievances which are work-related.

External pressure to dismiss an employee.

If an employer feels pressure from an external party such as a supplier, customer, or sponsor to dismiss an employee following an untoward incident deemed as inappropriate behaviour on social media is circulating, this could potentially lead to an unfair dismissal claim.

Back in May 2022, a video was broadcast live on social media where a group was singing a song referencing a young Northern Irish woman who was murdered. This resulted in employees being dismissed with immediate effect due to the religious and political aspects involved. However, these employees have now submitted an unfair dismissal claim stating whilst they were present, they did not participate in the singing.

Businesses had been put under extreme pressure to take action, following this inappropriate behaviour on social media going viral, and may have reacted too quickly, not taking the correct steps and procedure for dismissing an employee.

External pressure to dismiss an employee may be included as appropriate evidence through the disciplinary procedure in relation to an employee’s actions or conduct, this may be inside or outside of work. Not every incident will be processed through the disciplinary process, furthermore, not every incident will amount to gross misconduct warranting dismissal following the first offence.

In some cases, the legal term for dismissal may not be ‘conduct’ but rather ‘some other substantial reason’ (SOSR), which may justify dismissal.

Under Article 130 (1) (b) of the Employment Rights Order 1996, SOSR can amount to a fair reason for dismissal as ‘some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.’

External pressures include clients, if a business only has one client and they have stated they would stop all work if the employee was not dismissed, this may warrant a fair dismissal due to some other substantial reason rather than conduct.

Tribunal cases relating to social media.

Trasler v B&Q ET

An employee posted on Facebook angrily, following a stressful day at work that his, “place of work is beyond a F***ing joke” and that he would be, “doing some busting”. These comments were noticed by a co-worker and reported to his employer. Following this, the employee was dismissed.

The tribunal found this to be an unfair dismissal, finding the employer to be unreasonable for concluding the comments on Facebook was a threat to the business’s reputation, nor was the employer and employee’s reputation undermined to the level that it warranted the dismissal.

Amey v London Borough of Barking & Dagenham

A compromising photograph of a naked Assistant Head Teacher had surfaced on Facebook, his wife had initially taken the photograph on her Blackberry phone. The teacher’s wife agreed immediately to delete the photograph, and the teacher believed his wife had deleted the image.

The Blackberry was taken to a repair shop as it had developed a fault but couldn’t be fixed. Fast forward 15 months and the image resurfaced on Facebook and students at the Assistant Headteachers circulated the photograph.

The school conducted an investigation into the incident and found the employee did not take enough steps to destroy the image, to ensure would not be made public again. The employee was dismissed on grounds of gross misconduct.

However, at the tribunal this dismissal was found to be unfair as the employee did not take the photograph himself, nor had posed for it, and fully believed the image had been deleted. The tribunal found that the Assistant Head Teacher was a victim of a crime and there were no acceptable grounds for the school to determine he had done anything wrong or failed to do anything.

The tribunal stated that if the employer had dismissed the employee on grounds of some other substantial reason,  and followed a fair procedure it could have been a fair dismissal.

The tribunal awarded the employee only his notice pay plus £300 for loss of statutory rights. His basic award wasn’t reduced.

Creating a social media policy

Developing and implementing a social media policy in the workplace is key to managing inappropriate behaviour on social media. This policy will outline the standards and guidelines expected of employees when posting or sharing on social media.

The social media policy shouldn’t be limited to managing an inappropriate behaviour on social media involving the employee but, it must also detail the position of the employer and what action they can take.

The social media policy should detail all related policies which may apply following the inappropriate use of social media, including;

• Code of conduct/Statement of ethics and values
• Equal opportunities policy
• Anti-harassment and bullying policy
• Dara protection
• IT or electronic communications policy
• Disciplinary procedure policy

Examples of social media policy statements;

“You must not express opinions on our behalf via social media unless expressly authorised to do so by your manager. You may be required to undergo training to obtain this authorisation.”

Outline the exact don’ts of social media, e.g.;

You must not use social media to;

1. Defame or disparage the business, employees or third parties.
2. Harass, bully or unlawfully discriminate against employees or third parties
3. Make false or misleading statements, or
4. Impersonate other employees or third parties.

Within the policy, employers may stimulate the following;

“You must not display or disclose your affiliation with us on your social media profile or in any social media postings. Given that members of the public may still establish your affiliation with us, you should also ensure that your profile and any content you post are consistent with the professional image you present to clients and colleagues.”

Outline actions that may apply if breaches occur;

“You may be required to remove any social media content that we consider to constitute a breach of this policy. Failure to comply with that request may in itself result in disciplinary action up to and including summary dismissal.”

Don’t have a social media policy in place? Our team of HR consultants are experts when it comes to workplace policies, we will also complete an audit of your employee handbooks to identify any gaps to safeguard your business. Our HR consultants can advise on dealing with inappropriate behaviour on social media from employees.

Large Supermarket fined £3.5 million due to health and safety failures!

Morrisons Supermarket was found guilty of four health and safety failures following an employee fatality in 2014.

The supermarket was fined £ 3.5 million.

Matthew had suffered from epilepsy since the age of four. Morrisons were aware of his severe epilepsy and previously moved Matt to a different department and made adjustments following this change.

Matthew Gunn, died in hospital following a fall on the staff staircase, in Morrisons store on 25 September 2014. Matthew was a long-standing employee of 10 years. An epileptic seizure may have caused the fall, however, could not be confirmed with certainty.

The week prior to his fall, he had experienced an epileptic seizure in Morrisons warehouse, subsequently, his mother was called to pick him up.

The inquest concludes by saying “An absence of structured process and ownership in relation to managing a person with epilepsy, a lack of communication, no personal risk assessment, or the monitoring of thereof, and insufficient reporting all led to missed opportunities which may have contributed to Matt’s death.

The aspect of concern was the failure to record any observed or recorded epileptic event, Morrisons had been issued a ‘Prevention of Future Death’ regulation 28 report by the HM Senior Coroner for Gloucester.

Morrisons failed to put in place simple health and safety measures, to safeguard Matthew at work. Furthermore, Morrisons did not fully cooperate with all elements of the investigation. The significant fine enforced on Morrisons reflects the seriousness of the case and the failures of the company.

Health and Safety service

Avoid health and safety failures through our health and safety service.

Our health and safety consultants provide unlimited support through phone calls and emails, guiding you through various health and safety process in order to avoid health and safety failures.

Ensuring the health and safety of your business and workforce is a crucial aspect of business management. Moreover, as employers, you are legally obligated to adhere to health and safety regulations in the workplace.

Our health and safety advisory service guarantees your peace of mind by ensuring your business and staff are safeguarded during their working hours. The foundation of all company operations must be workplace safety.

Creating a safe and inclusive workplace culture

Do you have gender equality in your workplace?

Whether this is parental leave, flexible working, or gender-neutral language, now more than ever creating an inclusive culture is critical.

Does your business frequently conduct a gender pay gap analysis? This process identifies where and why there are gender pay gaps.

Find out more about gender equality in the workplace!

UK Pay rates & National Minimum wage 2023.

Employee entitlements for Statutory Sick Pay, Cap on week’s pay, and more have been increased for 2023, including the National Minimum wage.

Businesses are legally obligated to use the new rates, taking effect 1 April 2023.

We have provided two tables to outline the changes from 2022/23 to 2023/24 for businesses.

Find out more about UK pay rates and national minimum wage 2023!

Menopause in the Workplace Conference

Natalie is chairing the first-ever menopause in the workplace conference in Edinburgh on 18 April 2023 from 9 am to 1 pm, and you are all welcome!

Holyrood Insight is offering 20% off tickets to BeyondHR connections, use the code ‘beyondhr’ for 20% off.

A few of the key points being covered;

• Understanding the impact, the menopause can have on women in the workplace.
• Knowing how to talk about the menopause.
• Best practice in implementing a workplace menopause policy.
• Creating menopause friendly workplaces

Join the conversation on Tuesday 18th April in Edinburgh, providing business owners in Scotland with the chance to learn and network face-to-face with others.

Come along to find out what your legal responsibilities are and best practices in implementing a workplace menopause policy.

Get your tickets today!

The Spring budget was delivered on the 15^th March 2023, it has brought returnerships for over 50s and universal support for people with disabilities alongside the UK pay rates and National minimum wage 2023.

What are Returnerships?

Jeremy Hunt announced in the spring budget, a measure to encourage over-50s back to work with an Apprenticeship scheme, with many taking early retirement or a career break. The scheme uses the individual’s previous experience to fast-track the learning process.

The Returnerships program will provide people with free upskilling and training, encouraging those who took early retirement, or a career break back into the UK workforce. The aim is to get talented individuals back to work due to the shortages the UK economy is currently facing. Alongside the training, the program will assist the returners by providing job opportunities with businesses partnering with the program.

The returnership funding is £5 million and will provide grants to employers setting up returnership programs within their business. Grants may be used for mentoring, training costs or any other costs related to supporting people back to work. The program has other incentives including diversifying the UK workforce and promoting greater diversity and inclusion within businesses.

What is Universal Support?

The UK Government is funding up to 50,000 people with disabilities through a new ‘voluntary employment scheme’ helping those with disabilities back into the workforce. Jeremy Hunt commented that the new way of working has opened new opportunities as people can now use Zoom and Microsoft Teams to communicate with colleagues.

The Government is also looking at how people off work with long-term illness, can re-enter the economy due to economic inactivity within the UK. Currently there is over 2 million working-aged people off due to long-term sickness in the UK.

Why have the pay rates and national minimum wage increased?

The UK Government has increased their pay rates and national minimum wage due to a variety of reasons including the increasing inflation rates owing to the cost-of-living crisis alongside government policies. Implementing an increase in the national minimum wage will help lower earners who are struggling to make ends meet with a higher income as of April 2023.

Employers need to have their payroll correct from the 1^st April 2023 in line with the new national rates, ensuring they are compliant with employment laws in the UK.

The national minimum wage for apprentices 2023

The national minimum wage 2023 for apprentices is £5.28 per hour, up from £4.81 per hour in 2022.

For apprentices, they have a lower minimum wage as they are in training programs which means they are not fully productive within their field. The program provides them with on-the-job training.

However, the minimum wage for apprenticeship is not set haphazardly, the calculation will take into consideration multiple factors, such as age, length of service, and their experience. It should be set fairly to reflect the person’s circumstances.

The lower wage was created to accommodate both the employer’s and apprentice’s needs, and in order for them to deliver a training and development framework.  

National living wage vs National minimum wage

One key difference between the national living wage and the national minimum wage is the age requirement, i.e. those over the age of 23 have access to the National living wage. Anyone under the age of 23 will be paid the national minimum wage.

The national living wage is reviewed yearly, changing to reflect the cost of living compared to the national minimum wage which is periodically reviewed and modified. However, the cost of living is not taken into consideration.  

Both the national living wage and the national minimum wage are legal requirements of business owners, and financial penalties would be imposed on any businesses not paying the national minimum wage.

UK Pay rates and National minimum wage 2023

We have provided a table to break down the changes from 2022 to 2023;

Rates 2023

National Minimum Wage 2023

Do you need any further guidance on legal requirements for employees? Contact us today for guidance on the national minimum wage 2023.

Make sure your payroll is up to date with the national minimum wage 2023.