Implementing an Adverse Weather Policy for your Business

Winter can bring several instances of staff shortages due to sickness absence, travel disruption and an increase in requests for annual leave.  

In order to deal with these issues as effectively as possible, it is important to have clear adverse weather policies in place, especially to do with employees getting to and from work, but also to do with absence and holiday requests. Clear policies on sickness are also important during the winter months, when colds and the flu are more common. Employers should also ensure that alternative options are provided to all staff where possible. 

For any employer looking to minimise the hours lost over winter, these adverse weather policies are a must: 

What should employers consider in their adverse weather policy? 

One of the main issues that comes to mind during winter is when employees can’t get to work because of snow. Employees are not automatically entitled to pay if they are not able to get to work due to bad weather, however, if employees arrive ready, available and willing to work, but the business is forced to close or reduce its opening hours due to bad weather, they will usually still be entitled to receive their normal pay.  

This would also be the case where other staff, such as line managers or staff who provide access to the building are unable to make it to work.  

Where possible, alternative options should also be considered for employees, such as: 

  • Allowing staff to come in later 
  • Flexible working to allow employees to make up any time lost 
  • Swapping shifts and providing overtime for employees who can make it to work, to minimise impact on productivity 
  • Homeworking 
  • Allow annual leave to be used when employees are unable to make it to work 

Employees are also entitled to unpaid time off when: 

  • Schools are closed and their child/children require looking after 
  • Caring arrangements for disabled relatives are cancelled 
  • A partner is seriously injured as a result of bad weather 

In any case, a clear policy on dealing with absence due to adverse weather must be established and communicated to employees. This should state what your expectations are, but you must remain flexible, plan ahead, make use of IT and take notice of any weather warnings which are issued to keep your business operating where possible.  

Colds and Flu 

Winter colds and flu mean an increase in workers calling in sick, so employers must ensure that absence reporting procedures are clear and must also regularly hold back to work interviews with employees when they return. 

Also, if the illness lasts more than seven days, employees should then obtain a Statement of Fitness for Work (otherwise known as a doctor’s statement or ‘fit note’) 

Working Temperatures 

When entering the winter months, it is inevitable that temperatures within the office will drop. Even though there are no statutory requirements for what this should be, it is important for employee wellbeing to monitor the temperature and adapt when required. ACAS states that suitable working conditions would be around 16 degrees Celsius, or 13 degrees Celsius if a lot of the work is physical, however this is not required by law. During extreme weather conditions, suitable adjustments could involve relaxing the dress code to allow employees to dress in warmer clothes, allowing extra breaks for hot drinks and bringing in extra heating options for the office.   

Wellbeing in the workplace 

Winter can sometimes cause an increase in conditions such as stress and depression so it is important to spot these signs and intervene where possible and also keep in mind: 

  • Employees will rarely talk about any aspect of mental health voluntarily so it is important to spot the signs and try to set some time aside to speak in private and in an informal setting so as to make them feel at ease.  
  • Make sure your line managers know how to respond to signs of stress. They may need the right training to help them handle difficult conversations and raise awareness of health issues. 

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If we can help you with your adverse weather policy or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610. 

For more information about the services that we provide at HR Services Scotland, please get in touch with us here. 

 

5 HR Management Tips for the Festive Party Season

During the Festive season, most businesses recognise that festive parties or other social gatherings are an excellent opportunity to build rapport with colleagues and let off some steam after a stressful year at work. 

However, employees must remember that they are still responsible for conducting themselves in a way which promotes a positive company reputation, and that drunkenness should not be an excuse for misconduct. The best way to reinforce this is for HR officers, line managers and upper management to lead by example and effectively promote good company practice when it comes to appropriate behaviour. 

Here are 5 HR issues for employers to consider when organising an office party during the Festive season: 

Vicarious Liability 

It is important to be mindful of this when arranging work-related recreational events. Employers remain liable for acts of unlawful discrimination committed by employees during these types of events if appropriate steps have not taken to prevent this. This is regardless of whether the incident occurs during the champagne reception or the after party at the end of the evening. 

Implementing Clear Policies 

If employers have policies that provide clear guidelines on the standard of behaviour expected at work-related events, and what possible implications (up to and including dismissal) could result from inappropriate behaviour, then this will go a long way towards ensuring the entire workforce understand what is expected of them during a Festive party, or any other work-related social events. 

Larger organisations may also benefit from appointing individuals to supervise social events so that staff can come to them to raise any concerns. They should be provided with guidelines on dealing with drunk or disorderly employees and they should be advised to remain sober during the event. 

Free Bar?? 

While your employees will relish the thought, having a free bar also encourages excessive drinking, so it can be advisable to limit free alcohol and ensure that some low alcohol or alcoholfree alternatives are also available. 

Getting Home 

As an employer, you have a duty of care to your employees and so must consider how they get home after any work-related events. It may also be beneficial to consider hiring taxis or coaches for the end of the night. Employers may also provide telephone numbers for local taxi firms, or public transport times well in advance. 

The morning after the night before 

If you do find yourself receiving calls from employees the following morning, advising that they are feeling unwell, it is important not to jump to conclusions and reserve judgement until return to work meetings have been conducted in the normal way. 

When referring to the case of Bhara vs Ikea Ltd, two employees were dismissed from their roles, following a fight which occurred after the Christmas party, despite both parties maintaining this was nothing more than a playful wrestling match, so it is well worth reminding employees that their actions have consequences. 

However, it is equally important for all staff to be given an opportunity to enjoy themselves and dance the night away so, making sure the required preventative measures are taken will ensure that an enjoyable night is had by all! 

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If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610. 

For more information about the services that we provide at HR Services Scotland, please get in touch with us here. 

Gender Reassignment: Advice for Employers

The number of individuals who undergo gender reassignment (or transition) is relatively small. Many businesses are, therefore, unlikely ever to deal with an employee who is transitioning and, for those that do, it may be a one-off situation. However, where the situation does arise, employers need to ensure that they comply with the applicable law and deal with it with care and consideration. Following good practice will help to make the transition for the transgender employee, work colleagues and clients as smooth as possible.

A transgender (or trans) person is someone who does not identify with the gender assigned to them at birth. The term transgender includes people who have transitioned or are transitioning from their assigned gender to the gender that matches their gender identity, but can also include people who do not intend to undergo gender reassignment. Some transgender people identify as “non-binary”, i.e. they do not regard their gender identity as exclusively male or female.

Good practice will include:

  • Taking into account that gender reassignment is a protected characteristic under the Equality Act 2010 and that individuals who have undergone gender reassignment may apply for a gender recognition certificate.
  • Being aware of the data protection obligations relating to information about gender reassignment under the General Data Protection Regulation (GDPR).
  • Appointing a contact person to manage the process of transition from the organisation’s perspective. This should be a person with a good relationship to the employer and have the ability to keep their confidence.
  • Ensuring that the contact person and the employee agree a written action plan to manage the transition.
  • Making sure that time off because of gender reassignment is treated no less favourably than absence because of sickness.
  • Discussing with the employee what information should be provided to colleagues and clients about their transition and when this should be provided.
  • Considering whether or not any issues arise from the organisation’s dress code or single-sex facilities.
  • Compiling a list of records and systems that must be amended.
  • Ensuring that you do not disclose information about an employee’s gender reassignment without their consent.
  • Being aware of the implications of gender reassignment on insurance and pensions.

If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610

For more information about the services that we provide at HR Services Scotland, please get in touch with us here.

Re-skilling Your Workforce in the Digital Age

Re-skilling Your Workforce in the Digital Age

Virtually every industry is being impacted by the technology revolution and an increased reliance on data analytics. As a result, businesses of all sizes are being forced to rethink the way they work and turn to new technologies to remain competitive.

One consequence of this trend is that technology is taking over many administrative and repetitive jobs previously done by employees, dramatically reshaping the workforce and changing job descriptions in the process.

Despite fears that automation and Artificial Intelligence (AI) are putting jobs at risk, many roles will simply evolve as companies look to profit from their technology investment. With some of the more basic tasks off their plate, workers will instead be able to focus on more innovative activity.

To add to this, the rise of automation and more sophisticated analytics will see countless new roles created as employers seek digitally-savvy workers to help them master these technologies.

However, the modern employee will need to learn new skills in order to take advantage of these new opportunities. In fact, recent research by Capita Resourcing found that 54% of leaders think training and development for automation should be a major HR focus over the next five years.

The Modern Employee’s Skill-set

So what skills does today’s employee need to develop as their role evolves?

First of all, the modern employee will need to develop their analytical skills. The technologies that are becoming increasingly widespread will still depend on the way they are exploited and how the new systems that use them are actually designed. As a result, there will be an increasing need for employees to truly understand problems in order to configure technology appropriately.

Given the analytical requirements outlined above, it’s never been more important to be able to listen to and understand what is required to make effective decisions. This includes the ability to research, challenge and design intuitive solutions that deliver what the business requires.

But it’s not just about skills. As new technologies are gradually adopted, modern employees will need to embrace a ‘growth mindset’. This will give them the flexibility to successfully deal with the continuous improvement that is made to business processes and the agile development and rapid deployment of technology that will characterise modern digital businesses.

HR’s Role in Re-skilling the Workforce

Employees will look to their employers to help them develop the new skills they need as their roles change and evolve, regardless of the age of the employee. New entrants into the workforce may be more technologically savvy but they may not have the experience nor business acumen of their more established colleagues. Improvements in coaching, mentoring and also reverse mentoring would help to develop both new and existing staff.

It’s important for HR to note that training cannot be a tick-box exercise – it should be a continuous process based on collaboration and instant-access to relevant information.

HR must adapt training and develop systems to fit with employee expectations and deliver training effectively. However, there is work to do, with just 39% of non-managers surveyed by Oracle saying their organisation uses online and collaborative learning tools to promote their development.

By putting these new training approaches and systems in place, HR will help employees develop the skills they need to perform the new tasks that are required of them. This will provide organisations with the skills base they need to consolidate the benefits provided by emerging technology and ensure employees are in a position to be able to generate business value in the future.


If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610

For more information about the services that we provide at HR Services Scotland, please get in touch with us here.

National Stress Awareness Day

The first Wednesday in November each year is National Stress Awareness Day 

We all know what it’s like to feel stressed – being under pressure is a normal part of life. But becoming overwhelmed by stress can lead to mental health problems or make existing problems worse. Employers must note that protecting the employee’s mental health as much as practicably possible falls within their duty of care in the same way that physical health does.

We often talk of an employer’s ‘duty of care’ to their employees. But just what does this duty consist of?

Employers have a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and wellbeing. Demonstrating concern for the physical and mental health of your workers shouldn’t just be seen as a legal duty – there’s a clear business case, too. It can be a key factor in building trust and reinforcing your commitment to your employees, and can help improve staff retention, boost productivity and pave the way for greater employee engagement.

For the first time, work-related stress anxiety or depression accounts for over half of all working days lost due to ill health in the U.K. In total, 15.4 million working days were lost in 2017/18 as a result of the condition, up from 12.5 million last year. This equates to 57.3 per cent of the 26.8 million work days lost to ill health according to figures released by the Health and Safety Executive (HSE). This increase has been partially driven by a rise in the number of new or long-standing cases, with 595,000 workers reporting that they currently suffer from the condition up from 526,000 in 2016/17.

Recognising the signs of stress, anxiety or depression in the workplace is something employers must be proactive on. Employers are advised to educate line managers about the importance of knowing their staff collectively and individually so they can monitor any changes in their working patterns conduct or behaviours. Is someone taking more sick days that usual, for example, or avoiding completing certain tasks; or do they seem quieter and more introverted than usual? Identifying anything typically out of the norm and taking action early to speak with that individual will make stress, depression or anxiety far easier to understand and manage in the workplace from the outset.

Failing to identify or take action when employees are suffering from stress, anxiety and depression can leave employers open to discrimination claims. To avoid this, they should look to make reasonable working adjustments in instances where stress and depression are an issue, and certainly when formal diagnosis has been given. While it might depend on operational viability or affordability as to whether or not an adjustment is reasonable, it could simply mean removing an element of the job found to be too stressful for the employee or a change to their working times. Working collaboratively will help to limit the possibility of related grievances and make discriminatory claims less likely.

If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610.

For more information about the services that we provide at HR Services Scotland, please get in touch with us here.

The Importance of Health and Safety Training

All work-related activities will at some point expose employees to some form of hazard, these hazards could include but not limited to:

  • Loads which have to be manually handled
  • Working with hazardous substances
  • Working at height (this may even be ground level where the potential of falling in to something exists)
  • Fire safety

New statistics from the HSE show that 147 people were killed whilst at work in the UK in 2018/19. Working at Height still remains the biggest cause of workplace fatalities in the UK with 40 people in 2018/19.

Every employee and every self-employed person is entitled to work in a safe and healthy environment where the risks within that workplace have been assessed and are managed accordingly. The management of health & safety within the workplace lies directly with the employer.

Training can play a vital part in reducing the risk of a workplace accident. Providing effective health and safety training will help to ensure that the people who work for you know how to work safely and without causing risk to themselves or others. As defined Under Section 2 of the Health and Safety at Work Act 1974, employers have a duty to provide training for their employees to ensure, so far as is reasonably practicable, their health and safety at work”.

Who needs health and safety training?

You do! Whether you are an employer or self-employed, are you sure that you’re up to date with how to identify the hazards and control the risks from your work activities?

Do you know what you have to do about consulting with your employees on health and safety issues? If not, you would benefit from some health and safety training.

Your managers and supervisors do! If you employ managers or supervisors they need to know what you expect from them in terms of health and safety and how you expect them to deliver.

They may also require training in the specific hazards of your processes and how you expect the risks to be controlled.

Your employees do! Everyone who works for you including self-employed personnel need to know how to work safely. Like your supervisors, they need to know about your health and safety policy, your arrangements for implementing it, and the part they play. They also need to know how they can raise any health and safety concerns with you.

Contractors and self-employed people who may be working for you do! Remember, these people might not be familiar with your working environment and safety systems that you have put in place for regular employees.

You should:

  • Take into account the capabilities, training, knowledge and experience of workers; and
  • Ensure that the demands of the job do not exceed their ability to carry out their work without risk to themselves and others.

Some employees may have particular training needs, for example:

  • New recruits will require basic induction training into how to work safely, including arrangements for first aid, fire, accident reporting and evacuations etc.;
  • People changing jobs or taking on extra responsibilities need to know about any new health and safety implications relevant to the role;
  • Young employees are particularly vulnerable to accidents and you need to pay particular attention to their needs, therefor their training should be a priority. It is also important that new, inexperienced or young employees are adequately supervised at all times;

How can I do it?

Firstly, you should show your commitment so that the people being trained recognise that the training is important. Whether the training you require is specialist i.e. First Aid, Fire Warden/ Extinguisher etc. or online training i.e. fire awareness, manual handing, asbestos awareness etc. HR Services Scotland can assist with your training needs.

Menopause At Work

Overview

Managing the impact of the menopause at work is important for both workers and employers.

For the worker experiencing symptoms:

  • it can be a difficult and stressful time
  • a very sensitive and personal matter

For their employer:

  • it is a worker health and wellbeing concern
  • a matter needing particularly careful handling

Impact of the menopause on a worker

What is the menopause?

The menopause is a natural stage of life for women, usually in their late forties/early fifties. It can also happen earlier or later. For many women symptoms last about four years, but in some cases can last longer – up to 12 years.

Part of the process includes what is termed the ‘perimenopause’ when a woman’s body is starting to change in the build up to the menopause. The perimenopause usually starts in the mid-forties, but can start earlier or later and last several years. The perimenopause is not the same as an early menopause.

Perimenopausal and menopausal symptoms already affect a substantial number of workers. That number is expected to grow considerably, with more older workers forecast to stay in or go back to work.

Also, employers should be aware that a trans man – someone who proposes to go through, is going through or has gone through a process, or part of a process, to change their gender from woman to man – may go through perimenopausal and menopausal symptoms.

What can be the symptoms?

The number of symptoms can vary from person to person, and range from very mild to severe.

Some symptoms of perimenopause and menopause can be the same. They include:

  • difficulty sleeping and night sweats
  • feeling tired and lacking energy
  • mood swings
  • feeling anxious and panic attacks
  • hot flushes
  • struggling to remember things, concentrate and focus
  • taking longer to recover from illness
  • irregular periods which can become heavier
  • aches and pains including muscle and joint stiffness
  • urinary problems
  • headaches including migraines
  • putting on weight
  • noticeable heartbeats
  • skin irritation
  • dry eyes

If a worker does not get the help and support they need, it is increasingly likely that the effects of the menopause can, for example, lead to them:

  • feeling ill
  • losing confidence to do their job
  • suffering from mental health conditions such as stress, anxiety and depression
  • leaving their job

The early menopause

As many as one in 20 women may go through an early menopause. It may happen for various reasons, including if a woman has had certain medical conditions and health treatment.

Employers, managers, supervisors and team leaders need to be aware that medically this can be a complicated area, and they should take this into account in supporting a worker through the menopause.

Why many workers do not reveal their menopause symptoms

Currently, many workers do not disclose their menopausal symptoms at work. In addition, many who take time off work because of the menopause do not tell their employer the real reasons for their absence.

For example, this can be because the worker feels:

  • their symptoms are a private and/or personal matter
  • their symptoms might be embarrassing for them and/or the person they would be confiding in
  • they do not know their line manager well enough
  • wary because their line manager is a man, or younger or unsympathetic

Other worries include that:

  • their symptoms will not be taken seriously
  • if they do talk, their symptoms will become widely known at work
  • they will be thought to be less capable
  • their job security and/or chances of promotion will be harmed

Supporting a worker through the menopause

Helpful steps for an employer include:

Make sure health and safety checks are suitable

An employer must minimise, reduce or where possible remove workplace health and safety risks for workers. This includes:

  • ensuring menopausal symptoms are not made worse by the workplace and/or its work practices
  • making changes to help a worker manage their symptoms when doing their job

An employer must generally assess health and safety risks for workers. Regarding the perimenopause and menopause, an assessment should, for example, include:

  • the temperature and ventilation in the workplace
  • the materials used in an organisation’s uniform, if there is one, and whether the uniform might make a worker going through the perimenopause or menopause feel too hot or worsen skin irritation
  • somewhere suitable for the worker to rest
  • whether toilet and washroom facilities are easily available
  • whether cold drinking water is easily available

Develop a policy and train managers

It is advisable for an employer to develop a policy and train all managers, supervisors and team leaders to make sure they understand:

  • how to have a conversation with a worker raising a perimenopause or menopause concern
  • how the perimenopause and menopause can affect a worker
  • what support and/or changes for the worker might be appropriate
  • the law relating to the menopause

A worker knowing their organisation’s managers are open and trained to talk and listen sensitively about the effects of the perimenopause and menopause, and consider support, should give them the confidence to approach their manager.

Also, it is advisable for an employer to raise awareness among all staff that it will handle menopause in the workplace sensitively, and with dignity and respect.

Give a worker the option of talking initially to someone other than their manager

If a worker feels unable to broach the subject with their line manager – for example, because they feel their symptoms are too personal – the worker could be given the option of talking initially to someone else with the necessary knowledge and training. For example, options might include:

  • a member of the human resources team, if the organisation has such a department
  • a trade union representative, if there is one in the workplace
  • a counsellor from the employer’s employee assistance programme, if it has one
  • a menopause or wellbeing champion, if the organisation has one.

Carefully manage sickness absence or a dip in job performance

Managing absence from work should be handled sympathetically because the menopause is a long-term and fluctuating health change. Employer and worker should be prepared to make changes to help the worker continue to work, and minimise, reduce or remove any dips in their job performance because of symptoms.

A worker should also be given a reasonable amount of time to adjust to changes.

In an employment tribunal, menopause symptoms have been accepted to be a disability. Consequently, it is advisable, as well as being good practice, for an employer to consider making changes for a worker experiencing perimenopausal or menopausal symptoms.

If a worker is off sick because of the menopause or perimenopause, the employer should not include these absences in their attendance record. This means that absence because of the menopause or perimenopause should not lead to a disciplinary warning.

Employers and managers need to be aware that there are risks of disability discrimination and/or sex discrimination, and/or age discrimination if a worker is mismanaged because of their menopause or perimenopause symptoms.

Consider having a menopause or wellbeing champion in your workplace

This person could be a point of contact for both workers and managers who need advice, or initially someone to talk to. The champion, maybe working with human resources and/or occupational health, might also help:

  • run workshops in their organisation to raise awareness among workers and managers
  • let all staff know, through steps such as posters, that the employer will try to support workers having difficulties because of symptoms
  • check that health and safety risk assessments are suitable regarding the perimenopause and menopause
  • set up a support network for staff
  • tell workers and managers where they can find more information

How the employer and worker together can find solutions

Know how to talk about the menopause…

Both the employer and worker may find the menopause and perimenopause difficult topics to discuss as they are sensitive and personal.

It is likely to be particularly difficult if the manager has not been trained how to have such a conversation. Also, the manager needs to aware not to be discriminatory.

The conversation should be confidential, friendly, honest, in private, and where both manager and worker feel as relaxed as they can in the circumstances, and where they will not be disturbed.

As a manager, you should find it easier to talk with a worker, if you:

  • know them because you already have regular one-to-one contact with them in the course of their work, and trust and respect one another
  • have been trained to understand what the range of menopause and perimenopause symptoms can be and their effects
  • have been trained to have sensitive conversations
  • know senior managers in your organisation will support workers experiencing menopause and perimenopause symptoms
  • know that a worker’s concerns will be taken seriously and dealt with fairly

Also, the manager should understand:

  • the organisation’s policy on the menopause and perimenopause at work, if it has one
  • their individual role in the situation
  • the range of support available in the organisation
  • that effects of the menopause and perimenopause can vary widely from person to person
  • consequently, that the changes required to help support a worker can vary from person to person

The manager must leave it to the worker to disclose their concern. A manager can ask general questions, such as ‘How are you?’, but the manager must not ask them if they want to talk about the menopause or perimenopause, or suggest they might be experiencing symptoms. And a manager should respect a worker’s wish for privacy.

As a worker, if you are having difficulties at work because of symptoms, you could:

  • speak to someone at work, possibly your line manager, about your concerns
  • ask what support could be offered to help you manage your symptoms when doing your job

If you want some information about the effects of your symptoms to be shared, your manager should talk with you about:

  • what you want and don’t want your colleagues to know
  • who will be told and who will do the telling

These must be the worker’s decisions, without any pressure from the manager.

Both employer and worker can find it helpful to keep a written record of what they have agreed about confidentiality or the sharing of information.

Also, the worker could join a menopause support network at work, if there is one, for moral support and advice. Further, they may want the support of a trade union representative.

Agree changes at work

There should be steps towards agreeing changes at work to help a worker manage their symptoms when doing their job:

  • Step 1 – a worker with concerns about the menopause or perimenopause may already have talked to their GP and/or a medical specialist, and may have talked too to the organisation’s menopause or wellbeing champion, if there is one.
  • Step 2 – the worker’s line manager should be involved in confidential discussions with the worker, perhaps with the menopause or wellbeing champion or HR’s support, about their menopause or perimenopause concerns, the effects they are having difficulties with and how they might need support.

Perhaps with the help of the champion, HR or an occupational health specialist, the line manager and worker should discuss changes which would help the worker manage their symptoms when doing their job.

If the line manager does not have access to a menopause or wellbeing champion, an occupational health specialist, or HR support, they need to make sure they are objective and knowledgeable in discussing, considering and agreeing changes.

Remember, the worker may prefer to talk initially to someone other than their line manager. However, their manager will need to be involved in agreeing any changes.

  • Step 3 – agree changes in writing and to have follow-up discussions to make sure the changes are working for both worker and employer.
  • Step 4 – follow-up discussions need to be whenever necessary, as a worker’s symptoms can fluctuate and/or alter. This means the adaptations at work may need to change.

Changes, for example, might be as simple as:

  • providing a fan
  • allowing the worker to take breaks when needed
  • providing a private area where the worker can rest for a while to help manage their symptoms
  • moving the worker’s desk close to a window that opens
  • being flexible where possible over the worker’s start and finish times to help them manage their symptoms
  • allowing them to work from home when practical
  • allowing the worker time off if they cannot carry on working that day

Alternatively, both employer and worker might discuss and agree other changes which should be reviewed if the worker’s symptoms alter. For example:

  • changing certain duties in the worker’s role
  • the worker moving to a more suitable role in the circumstances
  • the worker going part-time
  • the worker switching to a job share

If an employer feels, or an employment tribunal decides, that the effects of an employee’s menopause amount to a disability.

It is good practice for an employer to allow a worker to go to medical appointments, including about menopausal or perimenopausal symptoms. However, there is no right in law for time off, but the worker may have a right to paid or unpaid time off in their terms and conditions of employment.

Menopause and the law

There are two main strands of law that may relate to the perimenopause and menopause:

  • The Equality Act 2010 protects workers against discrimination. This includes because of their sex, a disability and their age
  • The Health and Safety at Work Act 1974 says an employer must, where reasonably practical, ensure health, safety and welfare at work

Risks of sex discrimination, disability discrimination and age discrimination

Menopause and perimenopause are not specifically protected under the Equality Act. However, if a worker is treated unfairly because of the menopause and perimenopause, this may amount to discrimination because, for example, of their sex and/or a disability, and/or their age.

Sex discrimination: Unfair treatment of a worker because of their sex could lead to a discrimination claim. For example, this is likely if an employer treats a woman’s menopause or perimenopause symptoms less seriously than it would a male worker’s health condition when considering a drop in job performance.

Also, for example, unwanted comments, jokes, banter or ridicule about a woman’s menopause or perimenopause symptoms could amount to harassment, or sexual harassment depending on the nature of the unwanted behaviour.

Disability discrimination: A worker’s menopause or perimenopause could potentially be regarded as a disability by an employment tribunal. If a worker has a disability, an employer must consider making changes to reduce or remove any disadvantages the worker experiences because of it. Regarding disability, the law calls these ‘reasonable adjustments’. An employer must make adjustments if they are reasonable.

Also, disability law protects a worker against what is termed ‘discrimination arising from disability’. This is where a worker is treated unfairly, not because of their disability, but because of something linked to it. For example, this could include a worker being dismissed because they forgot to do a task set by their employer. And this is when they have become forgetful and confused as a result of anxiety caused by their menopause. Their anxiety would have to meet the Equality Act definition of disability.

Employers may wish to bear in mind that the not-for-profit organisation, Business Disability Forum, advises employers against wrestling with whether the effects of a health condition amount to a disability under the Act. Instead, it encourages them to focus on making ‘reasonable adjustments’.

Age discrimination: Workers are protected against unfair treatment because of their age. This may include unfair treatment of workers because they are going through the perimenopause or menopause which are usually in their mid-forties to early fifties.

 

Health, safety and welfare at work

Managing the effects of the menopause and perimenopause includes making sure health and safety checks are already in place, are regularly carried out, and risks minimised, reduced or where possible removed.

Managing colleagues of a worker being supported through the menopause

A manager making changes to support a worker going through the menopause or perimenopause may find that some of their colleagues, particularly those not going through the menopause or perimenopause, may complain that the worker is being treated more favourably – for example, being allowed extra breaks, or flexibility over start and finish times on some days. Some may ask for similar flexibility.

The manager should bear firmly in mind that they agreed the changes for the worker experiencing the menopause or perimenopause to support them through the health change. This does not mean the manager must or should then automatically make the same changes for other members of the team.

The manager should deal delicately with such a circumstance and respect wishes for privacy of the worker experiencing the menopause or perimenopause. This means the manager should not be drawn into giving information or details they had agreed to keep confidential.

Business reasons why an employer should handle the menopause sensitively

It is very much in the interests of an organisation to support workers with perimenopausal and menopausal symptoms in the workplace. As well as being an important health and wellbeing matter, managing menopause in the workplace sensitively and effectively will help an employer retain and recruit skills and experience.

An employer should bear in mind that currently around one in eight of the British workforce are women over 50. By 2022 it is forecast that around one in six will be women over 50.

Most women over 50 will have, or have had, perimenopausal or menopausal symptoms that affect their work. For one in three the symptoms will be severe. For one in four the symptoms will be mild.

Avoiding a claim being made to an employment tribunal

This guidance may help an employer avoid a discrimination claim related to the menopause being made to an employment tribunal.

However, if a worker or job applicant feels they have been treated unfairly they may be able to make a claim to an employment tribunal. It is best they talk to their employer before doing this to try to sort out the matter informally, without going to a tribunal. Workers, though, need to be aware there is a time limit for making a claim.  If they do make a claim, the tribunal process includes the ACAS Early Conciliation service.

HR Services Scotland supports World Menopause Day 2019

If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610.

For more information about the services that we provide at HR Services Scotland, please get in touch with us here.

Assisting Employees With Anxiety

According to the NHS, 5% of people within the UK now suffer from some form of anxiety so it is now more important than ever for employers to learn how to address and support employees who are suffering from anxiety at work. This can be promoted throughout the organisation by developing a strategy which focusses on the long-term aspects of managing mental health in the workplace, whilst also promoting wellbeing throughout the organisation.

Whilst various developments have been made in terms of discussing and raising awareness of mental health in the workplace, there is still a long way to go before people truly feel comfortable in having open communication about mental health concerns. For this reason, it is imperative that managers take a proactive approach in building an open and honest culture surrounding health and wellbeing. This could be something as small as checking in with your employees to see how they are, showing that you are available and open to discussing any issues they may be facing.

Both management and employees will benefit from educating themselves in the issues surrounding anxiety including how to spot potential signs and how to approach someone who is experiencing anxiety. One possible way of doing so could include partnering with a local mental health charity and inviting their experts to come into the workplace to run workshops or hold talks about promoting positive mental health at work.

Stress often affects people in different ways and, for those suffering from anxiety, it may mean that they are more susceptible to feeling stressed, and it can be difficult for managers to balance the challenges of running a business and maintaining an awareness of employee wellbeing.

Making small adjustments within the workplace can help employees who are suffering from anxiety, such as splitting lunch breaks, to provide employees with the opportunity to take time out or considering flexible working. Additionally, anxiety sufferers may find it difficult to prioritise and manage their workloads, and so it may be helpful for managers to provide additional support when required. This could be achieved through regular one-to-one meetings to assess levels of work, or further assistance from another employee when required. Employers may also consider offering employees time out to attend counselling sessions when necessary.

Regardless of the approach you take, it is important to ensure that any measures put in place are constantly reviewed to identify any changes which may be required. Remember, employees suffering from anxiety or any other mental health condition are more than capable of being valuable contributors in the workplace and, by building an open culture surrounding mental health you are not only facilitating a more inclusive working environment, but are also aiding the retention of valuable employees.

HR Services Scotland supports World Mental Health Day.

If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610.

For more information about the services that we provide at HR Services Scotland, please get in touch with us here.

Employee Benefits

Scottish brewer Brewdog hit the headlines recently for introducing a very unusual staff benefit of “pawternity” leave one week’s paid leave for all workers who adopt a puppy or rescue dog. A review of their staff benefits demonstrates a huge investment into promoting the health and well-being of employers including education support fund, gym membership, paid sabbaticals linked to service length and life assurance with their published aim to be “the best company to work for, ever”.

Occupational psychologist Cheryl Isaacs says that having generous employee perks can be a good way for a company to help ensure that it has a contented workforce, and numerous studies have shown (perhaps unsurprisingly) that happy staff are more productive. With 45% of the UK population owning a pet and 90% of pet owners stating doing so increases their happiness perhaps businesses could learn from Brewdog’s approach.

One recent study into the issue by the University of Warwick found that employee happiness boosted productivity by 12%, while unhappy workers were 10% less productive. With the introduction of employee benefits or incentives it is paramount to remember that at times there is no one ‘best fit’ and by including employees in any decision making process the organisation can reap benefits for many years. Incentivising staff does not need to have considerable financial or time cost to a business and we can assist with lots of inexpensive, tailored ideas, focusing on the issues which you face.

If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610.

For more information about the services that we provide at HR Services Scotland, please get in touch with us here.

Dealing With Hot Weather In The Workplace

During spells of warm weather, it is important to remember the following points when considering acceptable working conditions for employees:

  1. There is no maximum workplace temperature which is acceptable for work

It is a common misconception that there is a maximum workplace temperature set by the law which, once reached in the summer, means that employees are entitled to be sent home from work but in reality Health and Safety Regulations simply require workplace temperatures to be “reasonable”.

This applies all year round but employers can be faced with issues when temperatures outside increase, resulting in warmer working conditions.

  1. What is a reasonable temperature and how can this be measured?

Whether or not temperature is deemed reasonable will depend on the type of work and the nature of the workplace (e.g. is the work manual labour taking place outside?), however undertaking a risk assessment will help assess these factors to determine a reasonable workplace temperature.

It can also be useful to speak to employees to gain a majority view of a comfortable working temperature, or what could be done to make working conditions more comfortable.

  1. Don’t just ignore staff grumbles

Unfortunately it is difficult to please everyone and so there will always be some members of staff who remain too hot or too cold regardless but, rather than ignoring their grumbles, steps can be taken to address these before they result in formal grievances. Easy, but effective, steps can include providing portable desk fans or moving employees away from air conditioning units where possible.

Employers may also have a legal obligation to make workplace adjustments where a disabled employee has a medical condition which makes them more sensitive to extreme hot or cold temperatures, to reduce the effects of warmer workplace environments.

  1. Relaxing the dress code can have a positive effect

Most companies have a dress code in place but, whilst business dress is a popular option during the working week, wearing suits or formal clothing can be extremely uncomfortable over the summer months, especially in warmer workplaces or during the daily commute.

Having a summer dress code, or informing employees that the normal dress code is relaxed, will help everyone feel more comfortable in the office, however it is important to have some additional rules in place to ensure employees remain professional.

  1. Recognise the heat

It’s easy for employees to feel less engaged when it’s nice weather outside and they have to be at work, which can lead to increased sickness absence, as they wish to enjoy the hot weather while it lasts.

If employers can take steps to show that they value and appreciate their staff during hot weather, this will help employees to remain productive and motivated, while also reducing absenteeism. Some examples could include providing ice lollies, cold drinks or summer snacks to members of staff. Additionally, early finish incentives, providing certain targets are met, will also help to raise productivity as staff wish to make the most of their longer evenings.

If we can help you with this or any other HR issue, please do not hesitate to contact a member of our HR Team at HR Services Scotland Ltd on 0800 652 2610.

For more information about the services that we provide at HR Services Scotland, please get in touch with us here.