Pier Andrea Notari workplace observer
The World is your Office
A number of new Bills that will affect workers have been announced. The post Queen’s Speech: flexible working, carers’ leave and immigration plan confirmed appeared first on Personnel Today.
via Queen’s Speech: flexible working, carers’ leave and immigration plan confirmed — Personnel Today
Whether to keep colleagues updated or to share a new idea, WhatsApp groups are increasingly becoming a go-to communication tool in the workplace. There are benefits to having such informal communication channels – they can be less hierarchical and improve cohesion within the team, as well as being a fast and easy way to communicate and share images. On the flip side, the lack of formality means that there are risks associated with them.
An employer can be vicariously liable for harassment or discriminatory comments made by its employees if the comments are made “in the course of employment”. This concept has been interpreted broadly by the Courts, for example, to include acts that have occurred during work social events. Communications in a work WhatsApp group could well meet the test of being made “in the course of employment” even if comments are made outside of working hours or using personal mobile telephones.
The legal definition of harassment under the Equality Act 2010 is that an individual is subject to unwanted conduct related to a protected characteristic, for example, disability, which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Even if the employee did not intend their comment to be offensive, if their colleague perceived it to be offensive and it was reasonable for the comment to have that effect by reference to the surrounding circumstances, then the test for harassment is met. Seemingly jovial comments or workplace banter over WhatsApp could therefore overstep the mark into harassment, which the employer would be vicariously liable for.
As well as risks of a claim for harassment against the employer, there could be risks of bullying, for instance, because an employee is being deliberately excluded from a WhatsApp group, and discrimination if an employee is treated less favourably because of a protected characteristic.
Such claims would be costly for the employer financially and from a reputational perspective. Inappropriate communications can also be damaging to the morale of the workforce.
Can an employer discipline an employee for comments made in WhatsApp group?
A recent Employment Tribunal case (Case v Tai Tarian), considered whether an employee could be fairly dismissed for having bullied a colleague who he excluded from a WhatsApp group. Mr Case set up the group chat with several colleagues, initially with the aim of keeping in touch with a colleague who was signed off work to undergo an operation. The WhatsApp group named itself the “Wolfpack”, a moniker from the film franchise “The Hangover”. Others were invited to join the group but one colleague was not included and Mr Case told the group that no one should add the colleague to the group.
Subsequently, Mr Case used the WhatsApp group to comment on the colleague making reference to her speech, weight and personal hygiene, and saying that she was ‘autistic’.
Eventually, a number of staff members told their manager of the existence of the WhatsApp group and the employer launched a disciplinary investigation and process, culminating in Mr Case’s dismissal for gross misconduct. The employer rejected the arguments that Mr Case’s behaviour did not constitute bullying as this was dialogue on a private WhatsApp group, and the Tribunal agreed with the employer. The Tribunal also found it did not matter that the colleague was not aware of the contents of the group messages.
If an employer receives a complaint about inappropriate communications on WhatsApp, it should investigate the issue promptly. If the complaint is found to be well-founded, the employer will need to consider whether there are sufficient grounds to commence a formal disciplinary process.
How can employers minimise the risk of claims in relation to WhatsApp groups?
Employers should put in place appropriate policies regarding harassment, bullying and social media and keep these policies regularly updated. It is prudent to list abusive or discriminatory conduct towards colleagues on social media (including WhatsApp) as misconduct in a disciplinary policy. The policy should include what sort of behaviour an employer expects from its employees and what will not be tolerated.
Staff training is also important both during induction and as part of regular refresher training in order to ensure that employees fully understand the culture of the employer and how this applies to the use of messaging and social media. This training should emphasise how important it is that employees are mindful of the messages that they send over all communication channels including WhatsApp.
All members of staff should be encouraged to speak up when they are concerned about a particular communication. Having a culture where employees feel they can speak out about behaviour they do not like will nip things in the bud. Matters are best dealt with at the earliest possible stage before any potential consequences can spread and magnify.
The post Avoiding the minefield of WhatsApp communications appeared first on Workplace Insight.
Glassdoor has announced the winners of its 12th annual Employees’ Choice Awards – its sixth in the UK – honouring the Best Places to Work in 2020 across the UK and eight other countries. Unlike other workplace awards, the Glassdoor Employees’ Choice Awards are based on the input of employees who voluntarily provide anonymous feedback, by completing a company review about their job, work environment and employer over the past year. Common themes among the Top 50 UK Best Places to Work in 2020 include work-life balance, a great culture, smart people and respect for and from leadership and senior management.
The Glassdoor Employees’ Choice Awards feature ten distinct categories, honouring the Best Places to Work across the US , Canada, UK, France, Germany — and for the first time this year — Brazil, Mexico, Argentina and Singapore. In the UK, Glassdoor has revealed the 50 Best Places to Work (honouring employers with 1,000 or more employees). Winners are ranked based on their overall rating achieved during the past year. (Ratings based on a 5-point scale: 1.0=very dissatisfied, 3.0=OK, 5.0=very satisfied; Actual calculations extend beyond the thousandth decimal place).
The Top 10 Best Places to Work in the UK for 2020 are:
“This year marks the shift to a culture-first decade in the workplace. Glassdoor’s Employees’ Choice Awards winners are prioritising their culture and mission and putting employees at the heart of everything they do. In turn, their employees have recognised them as truly the Best Places to Work in 2020,” said Christian Sutherland-Wong, Glassdoor president, chief operating officer and incoming chief executive officer. “This year’s winners stand out for providing exceptional career growth opportunities and encouraging work which is driven by impact and purpose. Congratulations go to all of the companies this year who stand out in the eyes of their employees.”
“Workers are increasingly prioritising culture over cash and research consistently shows that culture is the leading driver of long-term employee satisfaction,” said Dr. Andrew Chamberlain, Glassdoor Chief Economist. “That said, business leaders have quantifiable proof that culture is one of the smartest investments they could make for the success and longevity of their companies. However, being a culture-first organisation isn’t about expensive perks, but about articulating a clearly-stated mission that resonates with employees’ own aspirations and fuels their best performance.”
Glassdoor’s 50 UK Best Places to Work in 2020 list features winning employers hiring across a range of industries, with technology, hospitality, finance, insurance and construction leading the way. Google claims the top spot with a 4.5 rating; this is not the first time for the technology giant, it ranked #1 in both 2015 and 2018. Nineteen companies are newcomers to the UK list in 2020, including Equal Experts (#2), Topps Tiles (#9), Mace (#12) and AstraZeneca (pictured) (#41) – none of which have ever won a Glassdoor Best Place to Work award before. Twenty-nine out of the 50 companies are headquartered in the UK, of which thirteen are based in London.
The post Are these the best places to work in the UK? appeared first on Workplace Insight.
The concepts of IQ and EQ (emotional quotient) are well known by HR leaders, but should they be focusing their attention on LQ, or learnability quotient? Chris Gray explains its importance.
Technology is transforming the business landscape. Advancements in automation, artificial intelligence and machine learning are helping businesses improve output and increase revenues. But how does such rapid development impact employees and hiring practices?
Media scaremongering has led some to believe that new technologies are here to replace human workers, when in fact the opposite is true. This is supported by research from Gartner, which indicates that AI will create more jobs than it replaces, adding 2.3 million jobs while eliminating 1.8 million jobs globally.
Nevertheless, these technologies still shift the emphasis in assessment and recruitment. This means that employers should increasingly look for a new trait that will help them build teams to get the most from new technologies – and that’s LQ, or learnability quotient.
While the terms IQ (intelligence quotient) and EQ (emotional quotient) are well known by global employers, LQ is a new measurement gaining in recognition.
LQ refers to an individual’s desire and ability to quickly grow and adapt their skillset to remain employable throughout their working life.
Increasingly, professional success is determined by an individual’s ability to adapt to new challenges, change their mindset when dealing with different tasks and their willingness to take charge of their own career progression.
LQ represents a new way for employers and employees to assess their learning styles and recognises an individual’s ability to learn new skills and adapt quickly – you can even test your own LQ online.
The speed of change within the modern workplace, largely driven by the constant introduction of new and evolving technologies, is making the capacity to learn ever more important.
Employers want people who are agile enough to thrive in their working environment now and in the future. At the same time, employees are looking to learn and accumulate new skills in a bid to remain relevant, employable and mobile.
What’s more, with skills shortages at a 12-year high and new areas of expertise appearing as quickly as old ones are made redundant, companies are developing talent as a way of future-proofing.
Our Skills Revolution 4.0 research revealed that by 2020, 84% of employers will be upskilling their workforce to keep up with innovation.
Organisations can no longer rely on finding talent to do the job just in time. Instead, they have to ensure the people they already have on board are able to learn the new skills required to keep up with competitors.
Learnability can also be an indicator of career mobility. An individual who shows signs of being a quick learner is likely to be agile and work their way up in a company. As organisations seek to invest and develop their best talent, having insight into learnability metrics will provide guidance on how best to enhance performance.
Those who can learn quickly will not only prove instrumental in growing the business, they can also work with other members of the team to demonstrate the value of LQ in the workplace.
Demand for IT skills is growing, and rapidly. Almost two-thirds of companies are planning to increase headcount in IT roles, but at the same time, tech talent is scarce.
Furthermore, with technology evolving at pace, employers are trying to build a pipeline of talent ready to work with emerging technologies. Anticipating what the skills of the future might be is critical if organisations are going to build a sustainable pipeline of talent.
Finding people that are eager and have the capacity to learn is going to be essential if employers want to keep up with the pace of digital change. However, employers also have a role to play in equipping their people.
Establishing clear training programmes that upskill teams, or even appointing a Chief Learning Officer can help set a business apart from its competitors when it comes to embracing new technologies.
As the workplace continues to evolve, employability has become less about what you already know and more about your capacity to learn. While a CV can show an employer the background and existing knowledge of an individual, their ability to learn is ultimately going to be more important. If you can build a team that is hungry to learn and grow, so too will your business.
Employers aren’t doing enough to help their employees to work flexibly, according to a survey by Tiger Recruitment, which has found that a third of UK workers questioned (32 percent) aren’t happy with the flexible working options available to them. The study of over 2,000 employees claims that only a third have the option of home or remote working – a seven percentage point drop since last year – while only one in five (22 percent) are offered the option of flexi-time, and even fewer have access to informal flexibility (19 percent) or the opportunity to go part-time (18 percent).
The findings also indicate that flexible working isn’t being offered fairly across genders, with women more likely to have access to home or remote working (36 percent vs. 17 percent), informal flexibility (21 percent vs. 13 percent) and part-time working (20 percent vs. 11 percent), than their male colleagues.
Encouraging new ways of working has been on the Government agenda for a number of years, with initiatives such as the 2014 Flexible Working Regulations, which gave all employees the right to request flexibility in the times and places of work, and more recently, the launch of The Flexible Working Taskforce, which is attempting to increase uptake.
The report cites studies that have shown the numerous benefits of offering flexibility to employees, including increased engagement, motivation, productivity and loyalty, as well as improved wellbeing and reduced time off sick. Such options can also aid organisations in attracting talent, with over two thirds of employees (68 percent) saying that work-life balance, including flexible working, was important in attracting them to their current role.
“Despite numerous initiatives to show the value of flexible working for both employers and employees, it’s disappointing that so many workplaces are still struggling to embrace flexibility,” comments David Morel, CEO, Tiger Recruitment. “Flexible working shouldn’t be seen as an inconvenience, as a benefit that is only open to women, or just relevant to parents, but as something that can help all employees to boost their wellbeing and job satisfaction. Happy employees are engaged employees, and engagement boosts productivity, so it really is a win-win for all involved.”
The post Employers still not fully embracing flexible working appeared first on Workplace Insight.
Over a quarter of people (28 percent) in the workplace suffer bullying and/or discrimination on issues such as gender, age or sexual orientation, according to a new study. The Workplace Wellbeing Census, conducted by leading healthcare provider Bupa, found that such actions are the most harmful factors influencing workplace wellbeing at work. Women in the workplace face significant challenges with over a third (34 percent) experiencing bullying or discrimination, compared to 22 per cent of men. Women are also more than four times as likely to suffer negatively from workplace gender discrimination than men (13 percent vs 3 percent).
The study looks at a range of factors and employer actions affecting wellbeing, consulting over 4,000 employees across 12 key industries. It shows that allowing employees to be themselves without fear of bullying or discrimination is crucial in enabling people to thrive at work.
For employees who have suffered a negative impact on their wellbeing from bullying or discrimination at work in the last three years, bullying specifically is by far the most common cause affecting 44 per cent of people, making it the single biggest workplace wellbeing issue reported for UK employers. But many employees feel they cannot talk to their manager about their wellbeing issues for fear of being judged (48 percent), often choosing to handle issues on their own (50 percent). More than two fifths (42 percent) would not feel comfortable talking to management and a similar proportion (43 percent) currently don’t have access to wellbeing support services at work.
Many employees feel they cannot talk to their manager about their wellbeing
However, it seems that being able to speak out on bullying or discrimination is important, with the data showing a strong correlation between workplace happiness and comfort in talking to managers about problems. Half (51 percent) of employees who have discussed a wellbeing issue with their manager – work-related or not – reported it was a positive experience.
Overall, almost one in four (23 percent) employees in the UK is struggling with poor wellbeing in a working week – with almost three quarters citing workplace and mental health issues as key factors (72 percent each).
Those working in Transportation & Distribution report the highest proportion of poor wellbeing (31 percent), while employees working in Education in the private sector seem to have a better wellbeing compared to other industries (84 percent).
Higher salaries (57 percent), better recognition for work (35 percent) and more manageable workloads (27 percent) are seen as ways in which workplace wellbeing can be improved. While colleagues (50 percent) and encouraging an inclusive work culture (25 percent) are other key factors found to have a positive impact on wellbeing in the last 12 months.
David Hynam, Bupa Global & UK CEO, said: “Creating a positive working environment where employees are comfortable to bring their whole self to work, and being able to speak up if they experience any problems, is absolutely key to enabling your people to thrive in the workplace. I believe it’s particularly important for businesses to have a clear stance on inclusion. Having a code of conduct that clearly sets out that all colleagues are treated equally, regardless of gender, age, race, sexual orientation or religion is one way to help everyone feel comfortable within the business and that discrimination and bullying has absolutely no place within the organisation.”
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Pier Andrea Notari workplace observer 