Tag Archives: workplace

Lawyer warns businesses of imminent rise in employee claims

A top employment lawyer is urging business owners to remain mindful of their duties and responsibilities as an employer ahead of an anticipated rise in claims being made by employees returning to work after the lockdown period.

Helen Watson, Head of Employment at law firm Aaron & Partners, has highlighted a number of possible claims that companies could face as UK businesses slowly begin to reopen.

She explained that despite the difficult circumstances presented by the coronavirus outbreak, this will not be enough to shield employers from courts and tribunals and warns that many are likely to see a spike in claims from employees.

Helen further explained that the effects of the current pandemic on businesses and the workforce could result in several different kinds of claims from employees in relation to their employment including:

  • Constructive dismissal
  • Unlawful discrimination
  • Unfair dismissal
  • Breach of privacy

Helen said: “With little time to prepare or plan, businesses have needed to make critical decisions whilst having to navigate ever-changing legislation and guidance set out by the government. This has in turn left many employers potentially vulnerable, with lots of business owners and managers confused about what the correct duties and responsibilities to their employees now are.

“There are a number of variables related to the effects of the coronavirus pandemic that could result in several different kinds of claims from employees, especially as businesses begin the phased return to the workplace.

“One of the greatest concerns for workers is their health and safety, and businesses will need to take all necessary steps to ensure the appropriate safety measures are in place including conducting appropriate risk assessments to identify risks for employees returning to work and planning the steps that will be taken to address those risks

“We anticipate that there will be potential dismissals as a result of staff furloughing and redundancies. For example, if employees perceive that the reason they were or weren’t furloughed – or in some cases were made redundant – related to a protected characteristic under the Equality Act 2010, they may seek to make a claim for unlawful discrimination.

The latest indicators published by the Office for National Statistics (ONS) show that of the 6000 businesses surveyed, 76 per cent had applied for the governments job retention scheme, with 31 per cent of the workforce having been furloughed, making it the most popular of all the support schemes introduced by the government during the coronavirus outbreak.

“Employers should also be careful not to disclose the identity of individuals who have been infected with Covid-19 unless they are able to establish that it is absolutely necessary to ensure safety at work or to meet public health requirements,” added Helen.

“Where transparency and privacy rights collide, employers are faced with potential safety risks on the one hand and potential risks of breach of privacy rights on the other.

“It’s clear that employers must evaluate the potential issues that could arise in order to mitigate the risk of legal claims being brought against them. We would always recommend businesses to seek legal advice during this time.”

Preparing to return to the workplace

Leading law firm Aaron & Partners has put together a list of five top tips aimed at business owners, managers and HR professionals to provide advice on returning to the workplace as the UK’s lockdown restrictions begin to ease.

Claire Brook, a Legal 500 listed Employment Law Partner at Aaron & Partners, has created a guide to help businesses navigate the transition back to the workplace with many of the businesses they work with feeling concerned and confused about the process.

Claire said: “Whilst it has been made clear by Michael Gove that the UK will not be going “back to the old normal” and that the road ahead will be a slow and phased approach with close impact monitoring, we know that employers and HR teams are now planning for a return to work.

“With some businesses now allowed to return to their workplace, such as construction workers or manufacturers, it has been widely reported that employers and employees are concerned and need to feel confident that the appropriate measures have been put in place to manage risk and ensure safety.

“Careful planning and manager training is important, in addition to getting the messaging correct at this crucial time. To offer some help and guidance, we’ve produced a list of five top tips to help business owners, HR professionals and managers plan their return to the workplace.”

1. Conduct a thorough risk assessment

As an employer you have a legal responsibility to protect the health and safety of employees and others, and therefore you should complete a COVID-19 risk assessment in order to establish the potential risks posed by the virus. It will be essential to consider the following:

Travel to work – some employers organise this and will need to consider the appropriate measures to comply with government guidance
Workspace – including sanitisation requirements, social distancing or mitigation measures (such as flexible working to reduce “crowding” and avoiding shared use of machines/stationary)
PPE requirements
Mental and physical health and safety at work

2. Provide training for all managers and staff

To ensure a safe return to work, it is vital that employers provide relevant training for managers and staff to ensure that each individual within their business understands what is required in order to operate safely.

Before a return to work, refresher training should be provided to employees, contractors or visitors to the workplace. This training should as minimum include the latest advice and guidance from the government and updates to your policies and procedures.

3. Communicate with employees

With government guidance changing at a rapid pace, it is crucial that employees fully understand any new workplace rules and any additional obligations expected from them. Employers should be clearly communicating any new health and safety rules, the timescale for introducing the changes , requirements and access to PPE, how to report any concerns and the potential consequences for failing to comply. .

To ensure workers have no symptoms of COVID-19, a pre-return form should be completed at least three days before the planned return to work.

As well as considering physical safety, it’s important for organisations to provide employees with support for their wellbeing and mental health. Every individual will have had a different experience. Communication will be key in understanding and addressing any issues workers may be experiencing.

4. Review and update current policies and procedures

Employers will need to review and, where necessary, update existing policies and documents including sickness absence policies, flexible working policies and travel policies, as well as data protection compliance documents.

Certain companies are appointing social distancing marshals to ensure that rules are being followed.

If you are proposing to introduce any monitoring for compliance you will need to explain this and update your monitoring policies accordingly.

5. Review regularly

As the situation is continuing to evolve, it should be noted that employers and workers will need to recognise that flexibility will be required and policies will need to be continuously reviewed and updated in line with changing government guidance.

With new updates being announced daily, we would always recommend seeking the advice of a qualified professional to understand the current landscape and how the new legislation applies to you or your business.

Legal firm takes renowned ‘HR lunch club’ online

Leading legal firm Aaron & Partners has announced it will be hosting a free online HR workshop to provide expert advice to HR professionals and business leaders during the UK-wide lockdown period.

The firm’s specialist employment team decided to take the workshop online whilst social distancing measures are in place as a result of the Covid-19 pandemic, to continue the success of the workshops over the past three years.

A one-hour seminar took place on Tuesday 21 April at 12.30pm – and focused on workplace investigations, giving an opportunity for questions and answers around some of the recent challenges HR professionals have faced in this area as a result of Covid-19.

Helen Watson, Partner and Head of Employment Law at Aaron & Partners said: “Through delivering these workshops in the past, we know that HR professionals and business owners really value having a forum where they can discuss issues they are facing whilst also receiving support from legal experts

“Despite the challenges of the current climate, we felt it was really important to continue these events as lots of clients are still looking to us to provide support and guidance at this time.

“This is undoubtedly a challenging period for businesses to navigate, however, we have seen that for many, it’s still business as usual with HR professionals and business owners seeking advice on common issues, such as managing workplace investigations.

“The HR lunch club sessions also provide a great opportunity for networking with like-minded professionals as well as offering them the chance to share advice and support, and we believe the new online format will be just as beneficial for attendees.”

To find out more, visit: https://www.aaronandpartners.com/

Wildgoose launches remote team building to help colleagues working from home

Best known worldwide as the leading provider of digital team building events and activities, Wildgoose is proud to announce three pioneering virtual experiences that can help businesses prepare for a leap into the unknown.

Over the past week, Wildgoose has developed a new suite of products to support companies and their remote and isolated colleagues and teams, a move that responds to World Health Organisation concerns about employee wellness and mental health during the current crisis. The WHO has said staying connected and engaged with colleagues and networks is vital for mental health in stressful and worrying times.

Wildgoose is proud to have launched three pioneering virtual experiences that can help any business support remote and isolated colleagues and boost much-needed morale. These include:

The Daily Kick-Off – a creative self-led challenge that will set teams on the right track each morning by encouraging employees to shoot their own short motivational videos for one another.

In the absence of work socials, The Team Quiz is a virtual pub quiz that enables teams to have a laugh and get competitive via video conferencing, keeping that feeling of unity firmly in place.

With The Virtual Away Day, teams work together from home to answer questions and complete challenges, developing the same brilliant communication and collaboration skills that they would on a regular team building day.

Jonny Edser, Founder and MD of Wildgoose, said:

“Virtual team building and support has never been more important for employee wellness and mental health. The prospect of prolonged isolation over a long period of time is not good for anybody. We are committed to helping businesses motivate, inspire, connect and engage with remote colleagues and teams. We want to do everything we can to put a smile back on the face of colleagues, make isolation less painful and make the working week work better at home.”

How can workspaces help improve employee productivity and wellbeing?

With research underpinning the idea that artwork can relieve the stress patients face in hospital, Clare Wilson, Creative Director at The Team took a look at how workspace design can help improve employee productivity and wellbeing.

The power of design in hospitals

Research by CW+, the official charity of Chelsea and Westminster Hospital NHS Foundation Trust, has found that filling the hospital with art has helped to improve patient wellbeing, decrease hospital stays and reduce anxiety, depression and pain.

For the last 25 years, the Chelsea and Westminster Hospital has been looking at ways to improve the healing process through the environment. They have found that mental health and experiences of those receiving intrusive examinations, surgery, chemotherapy and emergency care are improved when visual art is installed. And, it is not just imagery that has the power to have a healing effect, there are other factors including temperature, lighting, acoustics, air quality, closeness to nature, way-finding, privacy and technology, as well as the arts.

Could the same tactics be successfully applied to workspaces to improve employee wellbeing and productivity?

Earlier this year, the World Health Organisation announced that “burnout” can be diagnosed as a legitimate medical condition. According to last year’s statistics, 74% of British workers felt so stressed that they were “overwhelmed or unable to cope” and 67% of people believed stress caused them both mental and physical ill-health. Therefore, it is no surprise that businesses are more attuned to using workspace transformations and design as opportunities to create positive cultural change and improve employee wellbeing.

The power of design in workspaces

Technology as well as digital tools and platforms are transforming traditional ways of working. They are changing how companies think about – and use – their office space. At The Team, we can attest to it.

Last September, we went through workspace changes and downsized to half the space we used to have. The consequence of which has been positive, but it’s interesting looking at projects like this as a way to improve staff wellbeing and embrace change. The renovated space now allows us to work in a way that’s a lot more flexible and collaborative. For instance, by choosing to opt for laptops over iMacs, designers have the freedom to move around and interact not just with the space but with employees far more than before. Another key element of our new workspace is the addition of more flexible meeting room spaces which we repurpose into design sprint rooms – successfully allowing our clients and designers to collaborate on projects. We have seen and helped several clients, including NS&I and Natwest, with workplace design during similar office transformations like our own, using it as an opportune moment to create positive cultural change and improve wellbeing.

As designers, we can help create environments where people love to live and work. It’s not just about designing spaces that support people’s individual wellbeing. It’s also about encouraging a positive working culture to sustain a healthy, stress-free workplace in the long term. If you have this, you have a culture people are far more invested in.

We see this more and more as workspaces are moving away from corporate settings, opting instead for a blend of residential and hospitality design to provide a richer, hybrid environment. Integrating exercise spaces, chill-out areas and treatment rooms into workspace designs are ways businesses are helping to reduce stress at work and improve wellbeing – even helping to change workplace culture. We are now taking design cues from non-corporate settings, selecting furniture, finishes, fabrics and lighting to create comfortable and enjoyable spaces to be in.

How to design imagery for a workspace

The key to designing workspace imagery is to start with an overarching theme. The theme could come from anywhere. It could be inspired by the building itself, the way light moves around it, or by a company’s ethos. Imagery serves to create a mood, and that mood can change depending on the space – from a wow factor moment at the entrance to calm and tranquillity in the staff room. It is perhaps no secret that, gone are the days when office walls were plastered with giant company logos, framed portraits of Board members or – worse still – a swathe of magnolia paint. Imagery can play an important role in creating a calming and welcoming environment, improving wellbeing, so it is crucial to carefully consider the placement of these on your walls.

During Workplace Week I had the opportunity to see property company ZPG’s office space. They themed every single room into a replica version of what would be in your home. This for me brings up a common pitfall where form overshadows function. We should be wary of letting design inhibit the functionality of the space, it should instead, serve to enhance it. Of course, if a theme’s too ambitious, it can be quite costly and a strain to maintain these high standards. It should always be about allowing your design to have the flexibility to evolve with the needs of your employees and your business.

Any employer considering artwork and design in their own space should think about how they want the space to perform. Visual merchandisers do exactly this in capturing their customers attention in retail stores. But you also have to think about your employees’ needs. Their ways of working will be different depending on their job, so factor these nuances into the design of your space.

Remember, less will always be more as adding to the design of the space is part of the growth process. Let it sit for a while, let people start to feel at one with the space and then see where things need to be tweaked or changed. Over designing will always mean a pitfall. People are never 100% happy and businesses never stay the same, so ensure that future proofing is part of the design process from conception to delivery. Allow for the design to have some flex so that your employees and your space can evolve with the business.

Having an employee representative on the company board does not reduce CEO pay

Having an employee representative on the director’s board has absolutely no impact on reducing the pay level of the company’s CEO, according to research from Vlerick Business School. This research finding comes contrary to the belief that employee representation on the board reduces high profit margins and greater controls the remuneration of CEOs, giving more ownership and finances to a company’s employees.

This research comes from Xavier Baeten, a professor in reward and sustainability at Vlerick Business School and director of the school’s Executive Remuneration Research Centre, alongside Vlerick researcher, Bettina De Ruyck. The study examined the pay levels, habits and incentives of CEOs in 899 major European companies. The main focus of this was on the STOXX 600 – a stock index of the 600 largest firms across European countries, including 159 UK firms.

Analysis of the data by the researchers revealed that there was absolutely no relationship between having an employee representative on the board, and the level of CEO remuneration. This type of board representation is not as common in the UK as it is in other European countries, such as Germany, France and Scandinavia, where the percentage of companies with employee representation on the board were, 78%, 72% and 60% retrospectively.

Professor Xavier Baeten said,

“This finding runs counter to the belief that having an employee representative on the board would lead to more modest remuneration levels at the top, as an employee representative could be expected to keep an extra eye on pay ratios. I would not push it that far to say that employee representatives on the board do not care that much about executive remuneration, but the least we can say is that such an intervention in corporate governance does not seem to be very effective. Moreover, we have found that in Germany, a country with strong employee representation on the board, CEOs are among the highest paid in Europe.”

The analysis also found that the more nationalities that featured on a company’s board, the higher the CEO’s remuneration tended to be. Whilst this was also the case with directors who had a broader network and other ventures they were involved in, meaning that firms should not construct their boards around as many nationalities as possible, and that they should also not hire as many directors as possible who have many other board obligations – otherwise none as ‘busy directors’.

Professor Xavier Baeten also said;

“Our research has already proven quite frequently that ‘modesty’ seems to be a key word in the field of executive remuneration. In this respect, having some diversity on the board will help, but having too much diversity in terms of nationalities might negatively impact board cohesion, making the board more vulnerable to the exercise of CEO power.”

The researchers also found a number of other interesting results about European CEOs, including the average, median remuneration of a STOXX 600 seeing being €2.88m, UK CEOs earning significantly more than their colleagues in Belgium, Netherlands, Scandinavia and South Europe and long-term incentive grants being much bigger in the UK compared with rest of Europe.

The Executive Remuneration Study by Professor Baeten from Vlerick Business School, has been carried out for nine consecutive years.

3D diversity is the key to winning top Gen Z talent

According to the latest whitepaper from global talent acquisition and management firm, Alexander Mann Solutions, to truly make strides towards a more desirable Diversity & Inclusion (D&I) state, businesses must adopt a three dimensional perspective towards diversity.

In the whitepaper, “Early careers recruitment: What are the opportunities from digitalisation, STEM and Diversity & Inclusion?”, Alexander Mann Solutions goes into detail on the generational perception on Diversity. Previous generations saw diversity as race, gender and religion, however emerging talent now view diversity as three dimensional. This encompasses true cognitive diversity – differences in lifestyle, culture, political beliefs and thinking.

The report also explains how a real commitment to change, which may mean shifting the company culture, is crucial to firmly embed D&I into organisational strategies. For global MNEs, regional nuances must also be factored in.

Diversity quotas may also be ineffective as a long-term sustainable solution to creating three-dimensional D&I workforces. While they can be a quick fix to boost numbers for under-represented groups, targets are more suitable for achieving lasting success. That’s because targets send out a positive signal that diversity is a business imperative.

Commenting on the importance of taking a 3D approach to diversity, Global Head of Emerging Talent Consulting at Alexander Mann Solutions, Jane Clark, said:

“Where once diversity was seen purely in 2D terms – age, ethnicity, disability, gender, religion, sexual orientation, the definition of diversity to the new generation of workers goes much further and incorporates other facets of a person’s makeup, their different experiences, knowledge and opinions. Often referred to as ‘cognitive’ diversity, it is this mix of different perspectives, ways of thinking and information processing styles that allows teams to solve problems faster. Embracing true cognitive diversity won’t just be beneficial in attracting and retaining top graduates but will also help create more productive and creative workforces.”

Commenting on the emphasis of D&I during training, especially during the induction period, when new joiners can choose to attend workshops on topics of interest, such as LGBT or women’s leadership, Louis Ng, Senior Manager for Early Careers Talent Acquisition at Fidelity International, said:

“I can tell you, it’s something most of the graduate and intern population – more than 78% – is interested in. If you invite them, they will definitely join in, feel a part of the community and want to contribute. So, we encourage those graduates to play an active role in those diverse and inclusive networks.”