HR & employment update

This month we look at an unfair dismissal case involving a still-active employee, an increase in jobseekers prioritising fully remote jobs and a reminder to check how you set your pay rates so you don't drift into an equal pay claim.

Deputy Prime Minister sparks debate about bullying

Dominic Raab has resigned after a bullying investigation upheld two of several allegations against him in respect of?complaints that he had acted in an “unreasonably and persistently aggressive” manner during a meeting. The investigation also ruled that his actions constituted an “abuse or misuse of power in a way that undermines or humiliates”.

The issue has prompted discussion about what kind of feedback or direction of employees a manager considers to be underperforming is acceptable, with Raab’s resignation letter raising concerns about the investigation having set a “dangerous precedent” by “setting the threshold for bullying so low”.

Job seekers looking for fully remote roles

Research conducted by global director Flexa during the first quarter of this year has shown that 58% of jobseekers are looking for roles that are fully remote, inputting search terms such as “work from anywhere” when looking for work. Meanwhile employers are emphasising “remote first”, wanting workers in the office at least some of the time.

Employers wanting to remain competitive during recruitment may want to consider whether fully remote will be possible for roles they are struggling to fill.

Legal

Long covid was a disability even for active employee

In this case a preliminary tribunal found that an employee who was a regular runner, gym member and ran a side business was still disabled due to his long Covid symptoms of lethargy, brain fog and stress and depression. The individual is claiming unfair dismissal as well as disability discrimination and will now proceed to a full liability hearing.

Key factors in the ruling were the comparison between the activities the employee could do prior to his disability and afterwards, and also the fact that, had he not been taking measures to treat his symptoms, the impairment on his day to day activities would have been much worse.

It’s important to remember that when assessing whether a condition is a disability, any medication or treatment mitigating symptoms should be disregarded, and the effect the condition would have without those measures assessed instead.

Holiday pay mess was constructive dismissal

In this case, brought against government-funded employment advisory body Acas, one of their helpline advisers was left with ‘no option but to resign’ after her holiday pay had been messed around and issues not resolved for an astonishing nine years.

The tribunal found that the employer, Acas, was “in fundamental breach of the implied term of trust and confidence”. Breaches included “persistent failures to allow her the correct amount of paid holiday” and failure to “fully and completely investigate her complaints about this within a reasonable period”.

Changes to hours and holiday entitlement were not properly recorded, payments were wrong and the system not administered properly. It is vital to ensure those involved in managing holiday understand how it works and that employees are given clear information about their holiday.

Other stuff

Do you still set pay rates based on who asks for increases and who negotiates best? You could be sleepwalking into an equal pay issue as a study by software company Syndio reveals 69% of women feel anxious about negotiating pay.

The Recruitment and Employment Confederation’s UK Report on Jobs survey, compiled with KPMG, has indicated candidate availability has risen for the first time in 25 months – good news for employers struggling with recruitment.?

My bit

I hope you enjoyed the long weekend??Another two to look forward to so May will just whizz by….

?Last week I undertook my external workplace mediator training (I’ll find out if I actually passed later this week) but it really highlighted to me and to the other participants, the importance of mediation to help avoid grievances and disciplinaries and to help employees and managers resolve their own issues.?Mediation allows for proper, meaningful conversations and hopefully avoids them escalating to processes that often end up making things worse or good employees having to leave.?Has anyone who’s raised a grievance had a good experience??

?I’m not saying that it would have assisted with the Dominic Raab situation but often people who work together fall out, don’t like how someone spoke to them etc and don’t know how to mend those bridges and conversations get too difficult or awkward so things escalate and before you know it the only option is to put in a grievance!?

If you’d like to know more about how mediation skills can help in day to day management let me know.

Sue