Tag Archives: employment law

April is Stress Awareness Month

With 17.1 million working days lost to stress, depression and anxiety in 2022/23, WorkNest experts explain how to manage an employee who is off for work-related stress and urges employers to prioritise mental health in the workplace

April is Stress Awareness Month and with stress, depression and anxiety accounting for almost half of all work-related ill-health cases (49%), it is clear that effective strategies for dealing with workplace stress are urgently needed.

WorkNest, the employment law and HR specialists who support 40,000 organisations across the UK, handled an average of 3,000 sickness absence related enquiries every month in the past year. In line with the HSE’s statistics, it calculates that around half of these cases are specific to employees suffering from stress, anxiety or depression. A particular area of concern for employers is how much contact to maintain with an employee who is off with work-related stress.

Keeping in touch  

Whilst there is no law to prevent an employer contacting an employee who is off work due to stress, employers are understandably apprehensive about exacerbating what can already be a sensitive situation. Furthermore, there is legislation which can be relevant when managing an employee who is absent because of stress, such as the Equality Act and the Health and Safety at Work Act.

For employers who find themselves in such potentially challenging scenarios, Lesley Rennie, Employment Solicitor at WorkNest, has the following advice to enable businesses to support their employees, whilst meeting their legal duties:

  1. Ensure policies and procedures on managing sick leave are up-to-date and are communicated to all employees
  2. Maintain a reasonable amount of regular contact with the absent employee to demonstrate concern and gather updates on their health status
  3. Strike the right balance of communication and review this regularly in partnership with the employee
  4. Request medical documentation from the employee to verify extended sickness absence and better understand their situation
  5. Conduct a return-to-work interview to discuss the reasons behind the absence and offer support if needed
  6. Consider workplace adjustments to facilitate a smooth transition back to work such as shorter hours or flexible working

Prevention is better than cure

With 17.1 million working days lost to stress, depression and anxiety in 2022/23, the experts at WorkNest are urging employers to emphasise wellbeing in the workplace to help prevent their employees from being signed off for stress in the first place.

Susan Doran, Health and Safety Consultant at WorkNest, says:

“We really need a shift in mindset to focus on a broader sense of health in the workplace, not just occupational diseases and safety. We would encourage employers to apply the same urgency to mental health in the workplace as they do to accident reduction.

“Health and safety legislation has traditionally emphasised an employer’s obligations in regard to safety but we have seen a notable shift towards protecting overall health with the Health and Safety Executive spotlighting mental ill-health in its 10 year strategy. We may therefore see a clamp down on employers who neglect how their workplace environment is contributing to poor mental health.

“Clearly employers should be cognisant of their legal duty to assess the risk of work-related stress. It is also important however, that they recognise the wider business benefits of creating initiatives and processes centred around individual wellbeing such as increased productivity, decreased absenteeism and a lower staff turnover. Beyond complying with regulations, fostering a mental healthy workplace is not just a legal obligation but a moral imperative.”

Steps to better manage stress in the workplace

The key to dealing with stress is tackling the problem early, as this may reduce the impact on the employee. Susan advises employers to take the following actions to better manage stress in the workplace and ready themselves for the HSE’s renewed focus on mental health.

1. Implement a policy
Implement a comprehensive stress management policy which fosters a collective commitment to identifying, addressing and managing stress in the organisation.

2.  Provide training
Provide training so that managers are able to identify signs of stress in the workplace and equip them with the tools to address stress at the earliest opportunity.

3. Collect data
Collect data on stress-related sick-leave to better understand what factors may be contributing to stress.

4.  Empower managers with Talking Toolkits
Utilise the HSE’ Talking Toolkits designed to help line managers have simple, practical conversations with employees about stress. These are particularly useful for smaller organisations to gather the sort of data that larger organisations may obtain through surveys.

5.   Conduct risk assessments
In instances where an employee has communicated their struggle with stress, it’s imperative for the employer to conduct a risk assessment and promptly implement relevant control measures to provide support. There are various ways stress can be managed, but the HSE Management Standards document outlines 6 key stressors and gives examples of how these stressors can be addressed.

Employers unprepared for raft of legislative changes coming into force next month, warns Worknest

Many employers are struggling to be ready for the series of employment law reforms that are set to come into effect on 6th April, with more than 20% of businesses questioned yet to prepare for these coming changes.

This is according to new polling by employment law and HR consultancy firm WorkNest, who asked nearly 300 HR professionals how ready they were for a host of imminent changes to workplace laws. These include new regulations governing leave for carers, the introduction of new maternity and paternity leave protections and reforms to flexible working rights. 

Least prepared for redundancy rights change 

The WorkNest findings show that employers are least prepared for a new law that will enhance redundancy protection for pregnant workers and those taking family leave. 

Employers planning redundancies post 6th April will need to quickly adapt to the change in law, which extends the existing protection for those on maternity leave faced with possible redundancy. From April, this will apply to all expectant employees, from the moment they disclose their pregnancy, until their baby is 18 months old.

38% of respondents revealed that they are unprepared for this new law and a further 37% stated that while they are actively working towards being ready, they aren’t there yet. 

Employers also unprepared for new carers leave law

Employers are similarly unprepared for a new law that will give employees with long-term caring responsibilities the right to a week of unpaid leave. Just nine per cent of those questioned by WorkNest stated that they are fully prepared for this law to come into force. With millions of unpaid carers in the UK, it is very likely that most employers will be impacted by this reform.

Matter of weeks to be ready 

Whilst the majority of these reforms officially come into effect after 6th April, several will apply before this date. For example, a new law that will allow fathers and partners to take their paternity leave as two non-consecutive weeks and give a shorter amount of notice (four weeks) prior to each period of leave, kicks in on the earlier date of 8th March.

Although this will only apply to children whose expected week of birth begins after 6th April, employers might need to act quickly to make adjustments to their workforce planning to deal with such issues. WorkNest’s poll, however, shows that almost one quarter of employers say they are unprepared for this change in law and just under half are ‘somewhat prepared’. 

Facing up to flexibility 

There is a little more readiness for the introduction of the new right for employees to request flexible working from day one of their employment, with just over one in five saying that they are very prepared for this. Flexible working and how this is managed amongst employees continues to be high on HR’s agenda, but there is still a similar percentage (just under one in five) of employers who say they are unprepared.


David Eastwood, Head of Team and Solicitor at WorkNest said:

“The clock is ticking for employers to be ready for this legislation. We haven’t seen anything like this number of changes to employment law for some time, so it is no wonder many employers and HR professionals are struggling to get to grips with it all. Many of these areas of legislation are complex and it can be difficult to know where to begin. We have recently noticed a flurry of calls from employers asking questions about these forthcoming reforms and advice on what they should be doing, so despite the fact that these changes are looming large, it’s clear that not all employers are all set for April.

“For employers that haven’t made a start in preparing for these changes, our advice is to not delay any further as it can take time to adapt. Establish as soon as possible which laws are most likely to affect your employees and set about reviewing your policies, processes, contracts, workforce planning and operational systems as a priority. It is also worth considering things like training for managers, so they are up to speed with the new legislation.

“Of course, with a General Election on the horizon, further changes could be around the corner, and we know that HR professionals are concerned about the prospect of this. We all need to stand ready to deal with whatever might come our way but for the time being, these new laws are on the statute books and so employers must be ready to comply with them or risk potential legal consequences.” 

Disciplinary delays draining employer time and resources

Despite disciplinary actions in the workplace taking one month or more to complete, new research by employment law and HR consultancy firm, WorkNest, reveals that 18% of employers experience matters dragging on for longer than three months.

The survey of 356 employers found that mounting delays in increasingly complex disciplinary processes are causing a significant drain on organisations’ time and resources.

The research shows that the leading cause of a protracted disciplinary process is an employee taking sick leave due to stress and anxiety, with almost a quarter (23%) of employers questioned citing this as the most common cause of delays.

Lack of available staff to deal with such matters is also given as a reason for setbacks by almost one in five employers (19%).

A huge concern for employers

Disciplinary matters are the most common type of issue that the WorkNest employment law team supports clients with. Its experts dealt with over 100,000 related queries in 2023.

Disciplinaries can be a source of significant stress, not only for employees, but also for employers taking action, with worries over the potential legal ramifications. The WorkNest research found that almost six in 10 employers’ (58%) greatest concern is making a legal mistake when handling a disciplinary matter.

Employer apprehension

The research also points to a lack of confidence amongst employers when navigating disciplinary situations. Just 37% are ‘fully confident’ handling disciplinaries effectively, while almost one in 10 (9%) described themselves as ‘not confident’.

Considering the average award for an unfair dismissal claim in the UK, before legal costs, topped £11,914 in 2022/23, , it is no wonder that fear of financial and legal repercussions can deter employers from taking disciplinary action, even when it is warranted.

Pete Sewell, Employment Law Adviser and Solicitor at WorkNest, said: “In an ideal world, disciplinaries should be straightforward.  Whilst in some cases, a longer process is justified, our research shows that all too often, employers are finding themselves ensnared in protracted processes that suck up valuable time and resources, whilst causing stress for employees and employers alike.

“It’s not surprising that employers are nervous about legal missteps. If an employer is perceived as treating an employee unfairly during a disciplinary process, it can be grounds for legal action. Clear policies, training and access to proper legal guidance are essential to minimising these risks and ensuring disciplinary situations are handled consistently, compliantly and with confidence.”

Common causes for disciplinaries

According to the research, the top three reasons an employer takes disciplinary action against an employee are:

  1. Absenteeism (36%) – including excessive short-term absences, timekeeping challenges and employees going AWOL.
  2. Poor performance (30%) – including repeated errors, unmet targets, subpar quality of work.
  3. Poor conduct (21%) – including rudeness, lack of teamwork, failure to follow instructions.

Commenting further on the research, Pete Sewell added:

“The fact absence tops this list isn’t surprising given the direct impact it has on workplace business operations and morale. We know that absenteeism in the workplace has been on the rise in recent years and our research highlights the critical need to address this issue at its core. This can involve reactively managing issues when they arise, cultivating a supportive work environment, implementing wellness initiatives and nurturing transparent communication channels, thereby mitigating the necessity for lengthy formal action.”

Deciding the best course of action

Pete continues: “It is disconcerting to see that almost a third of employers are disciplining employees for poor performance and we would caution against this. In truth, the disciplinary process should be reserved for cases of poor conduct only.  Different methods to tackle absenteeism and performance issues such as performance management procedures or separating out issues within a disciplinary process can often lead to a better outcome for all involved. This is a complex area, which even the most experienced managers and HR professionals grapple with. The overriding message is, if in doubt, seek advice.”

In light of the findings, a free-to-attend webinar from WorkNest presented by Kirstie Smith and Pete Sewell on why handling disciplinaries are such a burden on employers and how to manage the process better will take place on 8 February at 14:00 pm. Register here now.

 

Cater Leydon Millard Secures Place on Crown Commercial Service’s Public Sector Legal Services Framework

Cater Leydon Millard (CLM), a specialist employment law firm, part of the WorkNest group, has been named as a supplier on Crown Commercial Service’s (CCS) Public Sector Legal Services Framework (contract RM6240).

The new Public Sector Legal Services Framework will run from October 2022 to September 2026. This framework has been established to provide simple and compliant access to a range of legal services by Local and Regional Government, health, education, emergency services, third sector and social housing organisations.

CLM has been appointed for Lot 2a, Regional Service Provision – covering England and Wales. Their contracted specialism is employment law. CLM currently advises many health and education sector organisations, and its appointment to CCS’s Framework recognises its strong offering to the public sector.

Crown Commercial Service supports the public sector to achieve maximum commercial value when procuring common goods and services. In 2021/22, CCS helped the public sector to achieve commercial benefits equal to £2.8 billion – supporting world-class public services that offer best value for taxpayers.

Lisa Harris, Associate Director at CLM, says, “We are thrilled to be appointed again to this prestigious framework. Our selection further confirms our specialist expertise in employment law and our strong public sector credentials. The public sector is a key focus for our firm, and we look forward to continuing to work closely with our public sector clients and developing new relationships within the sector, providing practical employment law advice and solutions to their challenges.”