NEWS & ANALYSIS
FMJ.CO.UK
LEGAL VIEW DEALING APPROPRIATELY WITH INAPPROPRIATE BEHAVIOUR IN THE WORKPLACE Jim Moore, Employee Relations Expert at HR consultants Hamilton Nash Inappropriate behaviour in the workplace has been front page news in recent months. While they are not responsible for their employees’ behaviour, the companies involved have been accused of failing to deal with the issues properly. This is a stark reminder of the importance of acting decisively with allegations of inappropriate behaviour, especially if they involve staff in the field or working on client sites. Non-specific allegations A common problem for employers is that an individual may have a reputation for misbehaviour, but nobody has come forward with a specific complaint. Employers often struggle with cases where the allegation is vague and there are no witnesses. Worse still, what do you do when an allegation involves nonemployees, such as workers sent on-site by a managed service provider? These difficulties often cause employers to downplay the concerns, or conduct a cursory investigation which simply reports that there was insufficient evidence to do anything. Conducting investigations Employers have a duty of care to their staff, so when non-specific allegations arise, or where non-employees are involved, it’s worth carrying out a ‘fact-finding’ investigation. When a well-conducted investigation starts turning over rocks, it’s surprising what comes to light. A skilled investigator can encourage individuals to lower their guard and share information. Even if there isn’t enough evidence to take action, the fact that there’s been an investigation sends a signal that the behaviour isn’t acceptable, and it’s a warning to anyone behaving inappropriately that they should change their ways. It’s also worth building a relationship with an HR contact at the client employer, as they usually hear about an allegation before your client relationship manager does. It also provides a useful conduit for collaborating on any investigations. The burden of proof A common misconception is that without strong evidence, no action can be taken. It’s important to remember that the burden of proof is the ‘balance of probability’ and not ‘beyond reasonable doubt’. If an employer has reasonable grounds to believe that misconduct occurs, that is sufficient to justify action being taken, even in the absence of iron-clad proof. Prevention is better than cure How can employers prevent this from happening in the first place? Workplace culture exerts a significant influence on staff behaviour, but culture isn’t defined by a few dry words in your staff handbook. It doesn’t matter what the policies say if a blind eye is turned towards edgy banter and misbehaviour in practice. When staff are deployed in the field, employers may feel that they have less control, because they have no direct line-of-sight into staff behaviour. Here are a few things you can do: 1. Continually reinforce messaging on appropriate behaviour. Don’t rely on annual mandatory training or verbiage in policies. 2. Create and promote ‘safe spaces’ to raise concerns, as a fear of recrimination is a major barrier to disclosure. 3. Ensure managers at all levels are exemplars for appropriate behaviour. 4. Beware of banter and alcohol at work events. These are common factors in many cases of inappropriate behaviour that we’ve investigated. No matter how well you prepare yourself, allegations can still arise. If so, the worst thing you can do is to do nothing.
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OCTOBER 2023
FIS LAUNCHES GUIDE TO THE BUILDING SAFETY ACT
The Finishes and Interiors Sector (FIS) has launched new guidance to help introduce the basic concepts of the Building Safety Act to all businesses and explain why it will promote a culture of safety and accountability in the construction industry. The most significant piece of new legislation in a generation, the Building Safety Act (BSA) will fundamentally change the way in which buildings where people live are designed, constructed and maintained and records are kept of what was built, by whom and how. The Building Safety Act comprises of primary as well as secondary legislation which has complicated new responsibilities and processes. The guide titled ‘Introduction to the Building Safety Act’ is designed to help businesses understand the definition of higher risk buildings, roles and responsibilities, and the new bodies including the Building Safety Regulator and New Homes Ombudsman. It explains the importance of organisational competence and how liabilities have changed under the Act. The guidance brings clarity to the three stop-go gateways at key stages of a higher risk building project. Furthermore, it discusses the importance of maintaining the ‘golden thread’ of information throughout the life of a building. To download the guide visit https://www.thefis.org/membership-hub/ publications/sector-guides/
RECORD NUMBER OF PEOPLE OFF WORK WITH LONG-TERM SICKNESS The results of a new study into the impact of ill-health on the UK’s working population have been published by the Society of Occupational Medicine (SOM). ‘Understanding Recent Trends in Ill – Health Driven Fallout from the UK Job Market’ reveals that of the 41.6 million people in the UK of working age (age 16-64), 2.5 million (one in 16 people) are inactive due to long-term sickness, which is a historically high number of people off work. It also found that more than 11 million people are living with long term conditions that can affect their ability to work. Key findings of the study include: Long-term sickness in women across all age groups has been rising since 2014, with women becoming economically inactive at a higher rate than men. An increase in economic inactivity in young men, aged 16 to 24, with sharp increases in mental health issues. Occupations with a low ability to work from home are more likely to see people leave the workforce due to long-term sickness. Pressures in health and social care delivery, including the impact of COVID-19, has led to backlogs for treatment and worsening health outcomes. The UK has an ageing population, high rates of excess weight, and alcohol consumption and a legacy of smoking, resulting in long-term physical and mental health problems. The analysis demonstrates how occupation, gender, and disability affects getting back to work. SOM says Occupational health (OH) provision is a key solution to this issue, and is therefore calling for comprehensive OH coverage, with only 50 per cent of workers currently accessing OH.