Disciplinary & Grievance
Menopause symptoms can be considered a disability
The Equality and Human Rights Commission (EHRC) issued the guidance to clarify the legal obligations to workers going through the menopause.
Symptoms can include hot flushes, brain fog and difficulty sleeping.
The EHRC said bosses should offer changes such as providing rest areas or flexible hours to help.
Relaxing uniform policies to allow women to wear cooler clothes could also help.
Menopause marks the end of a woman’s menstrual cycle, and usually happens in her 40s or 50s.
Failing to make “reasonable adjustments” amounts to disability discrimination under the Equality Act 2010 if the symptoms have a “long-term and substantial impact” on a woman’s ability to carry out their usual day-to-day activities, the EHRC said.
A video explaining the guidance says: “The costs of failing to make workplace adjustments for staff can run into hundreds of thousands of pounds when taking into account the loss of talent and costs of defending a claim.”
The EHRC cited research showing that one in 10 women surveyed who worked during their menopause were forced to leave their job due to the symptoms.
Two-thirds of women between the ages of 40 and 60 experienced menopausal symptoms at work, which largely had a negative impact. Very few asked for adjustments during this time because they were concerned about the potential reaction, it added.
The EHRC adds that taking disciplinary action against women for a menopause related absence could amount to discrimination, and that language that ridicules someone’s symptoms could constitute harassment.
EHRC chairwoman Baroness Kishwer Falkner said the watchdog was “concerned both by how many women report being forced out of a role due to their menopause-related symptoms, and how many don’t feel safe enough to request the workplace adjustments”.
She added that employers “may not fully understand their responsibility to protect their staff going through the menopause”, and that the new guidance had been issued to provide advice on how they can support their staff.
By Ali Abbas Ahmadi – BBC News
Our HR Comment: – Menopause symptoms can be considered a disability and employers face being sued if they do not make “reasonable adjustments”, a watchdog has said. |Consensus HR – Herts, Beds
Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is another very interesting article on the Menopause and what many women suffer during their life’s and is a subject that until recently has never really been discussed generally in business. However, as this article from the BBC demonstrates, in extreme circumstances where is has not been managed correctly and best action taken such as thorough investigations into why a member of the team may not be performing it can result in some very severe financial and reputable consequences for the business. In this situation and as explained by the BBC, it would be covered by the Equality Act 2010 and full information on this act can be found in the Equality Act 2010 guidance and Definition of Disability under the Equality Act 2010
You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.
What ‘substantial’ and ‘long-term’ mean
- ‘substantial’ is more than minor or trivial, e.g. it takes much longer than it usually would to complete a daily task like getting dressed.
- ‘long-term’ means 12 months or more, e.g. a breathing condition that develops as a result of a lung infection.
Organisations need to remember that employees are entitled to make a Disability claim from day one of employment and awards are unlimited.”
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NHS anaesthetist fell asleep on the job | Consensus HR – Herts, Beds
A senior NHS anaesthetist, Thomas Herbst, has been suspended after he was caught napping in an operating theatre during surgery. Herbst fell asleep shortly after administering an anaesthetic and failed to wake up even when tapped by a colleague. He blamed long working hours and an undiagnosed illness for his drowsiness. This is not the first time Herbst has been caught sleeping in the theatre, as he was previously given a warning by the General Medical Council. Despite being found guilty of serious professional misconduct, Herbst was suspended for six months after offering to reduce his number of shifts. The incident resulted in the cancellation of an afternoon list of patients due for operations. Herbst defended his behaviour, stating that many anaesthetists across the UK close their eyes in operating theatres. The Medical Practitioners Tribunal Service has ordered a review hearing for Herbst later in the year.
Our HR Comment: NHS anaesthetist fell asleep on the job | Consensus HR – Herts, Beds
Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This article demonstrates a very worrying episode of tiredness at work and in a sector where the health and welfare of your team is of the utmost importance. Consensus HR states that regardless of what sector you work in, the hours you work must be managed correctly or as in this instance you could be having the adverse effect to what you are aiming to achieve and thankfully in this case, no detriments to health occurred. Businesses always need to ensure that any misconduct is fully investigated correctly, and the appropriate action taken such as reducing the number of shifts / hours a member of the team works.”
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Employment Law Updates – 2024 | Consensus HR – Herts, Beds
Employment law dates at a glance – 2024
What are the planned Employment Law changes for this year and beyond?
Employment Law Updates – 2024 | Consensus HR – Herts, Beds
Our Chartered Instituted of Personnel & Development (CIPD) have collated all the forthcoming Employment Law changes and Consensus HR by working with its monthly retained clients will be ensuring that all our clients Employee Handbooks and HR Policies & Procedures are kept up to date whilst providing HR & Employment Law support as required.
Did you know? Our monthly retained HR clients for a monthly fee never have to worry about the ever changing Employment Law as their employee handbooks are updated automatically and members of the team informed? If you are interested, give us a non-obligatory call now – 01438 576 750 and talk to a member of the team. Let us, help you to Prevent People Problems.
Forthcoming changes
This table shows forthcoming changes. See the forthcoming legislation in-depth page and relevant employment law topic for more information on these new statutes and amendments.
31 January 2024 (at the earliest)
If approved by parliament, the draft Immigration (Health Charge) (Amendment) Order 2023 (the IHS Order 2023) will increase the immigration health surcharge in 2024.
This will come into force 21 days after being confirmed by parliament.
31 March 2024
All leave carried over due to it being unreasonable to take it due to covid must be taken by this date.
1 April 2024
The National Living Wage age band will be expanded to include workers aged 21 and over.
The National Living Wage and National Minimum Wage rates will rise as follows.
• The National Living Wage (for people aged 21 or older) will increase from £10.42 to £11.44 per hour.
• The National Minimum Wage for workers aged 18–20 will increase from £7.49 to £8.60 per hour.
• The young workers rate for workers aged 16–17 will increase from £5.28 to £6.40 per hour.
The apprentice rate for apprentices under 19, or over 19 and in the first year of the apprenticeship, will increase from £5.28 to £6.40 per hour.
1 April 2024
Changes to holiday rules
For holiday years beginning on or after this date, holiday entitlement for part year and irregular hours workers can be calculated by taking 12.07% of the hours worked in the pay period.
Rolled up holiday will also be permissible from this date for part year and irregular hours workers only.
6 April 2024
The Flexible Working (Amendment) Regulations (SI 2023/1328) come into force and remove the requirement for employees to have at least 26 weeks’ service to be entitled to make a flexible working request.
6 April 2024
Subject to parliamentary approval, the draft Carer’s Leave Regulations 2024 will introduce a new statutory right to unpaid carer’s leave for employees in England, Wales and Scotland.
6 April 2024
Subject to final parliamentary approval, the draft Paternity Leave (Amendment) Regulations 2024 will make significant changes to paternity leave, allowing it to be taken in the first 52 weeks after birth or adoption, and in two separate weeks. This will apply in relation to children whose expected week of childbirth is after 6 April 2024, and children whose expected date of placement for adoption, or expected date of entry into Great Britain for adoption, is on or after that date.
6 April 2024
Subject to parliamentary approval, the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 will extend redundancy protection during pregnancy and for the period of 18 months after the birth or placement of a child for those taking maternity, adoption or shared parental leave.
April 2024
Proposed new rate for statutory leave and pay, including statutory shared parental, maternity, adoption, paternity and parental bereavement pay is proposed to rise to £184.03.
April 2024
Proposed new rate for statutory sick pay from April 2024 is £116.75.
1 July 2024
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 bring in new rules permitting employers to consult directly with staff affected by TUPE, rather than electing representatives, will apply to businesses with 50 or fewer employees or transfers involving 10 or less employees.
Government outlines changes to holiday pay and EU retained law
Further anticipated Employment Law changes..... What further Employment Law changes can be expected in 2024 and beyond?
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September 2024 (expected) |
The Workers (Predictable Terms and Conditions) Act 2023 and secondary regulations are expected to come into force approximately one year after Royal Assent, which was given on 8 September 2023. The Act will give eligible workers and agency workers the right to request more predictable terms and conditions of work. |
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October 2024 (expected) |
The Worker Protection (Amendment of Equality Act 2010) Act and relevant secondary legislation is expected to come into force, introducing a new proactive duty for employers to take reasonable steps to prevent sexual harassment of their employees. Employers will be required to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will also have the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached this new duty. |
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To be confirmed |
Legislation will be introduced to make significant changes to paternity leave, allowing employees to take it within the first year after the birth of the baby, divide the leave into two blocks, and give 4 weeks’ notice of the dates on which leave is to be taken. |
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To be confirmed |
A new statutory code on “fire and re-hire” to be introduced. |
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To be confirmed |
New law prohibiting confidentiality clauses in contracts or settlement agreements from preventing disclosures to the police, regulated health and care or legal professionals to be introduced. |
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To be confirmed |
New law requiring confidentiality clauses to set out their limitations to be introduced. |
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To be confirmed |
New law to increase the break needed to end continuous employment from one week to four weeks to be introduced. |
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To be confirmed |
Regulatory exemptions from requirements such as gender pay gap reporting will be extended to businesses with fewer than 500 employees; currently this applies to businesses with under 250 employees. Government promises to free growing businesses from red tape |
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To be confirmed |
GDPR will be replaced with a ‘common sense’ data protection system. Further details of the proposed new scheme is yet to be released. |
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To be confirmed |
A new law proposed by the government will limit the length of non-compete clauses to a maximum of three months. |
HRInform – Jan-24
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Happy New Year 2024 – Outsourced HR.
We hope you, your team and businesses, have a prosperous 2024. Consensus HR | Your Outsourced HR Dept, Helping companies take the pain away of managing people whilst Preventing People Problems.
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Welcome to your Outsourced Human Resources Dept.
If you’re looking for straight-talking, flexible Outsourced Human Resources solutions, you’re in the right place!
At Consensus HR, we offer Outsourced Human Resources, HR support, HR com and advice tailored to your requirements. Our HR services are always practical and fully scalable to suit the changing needs of your business.
You’ll discover that we have a common goal: to prevent HR problems. We find a positive way forward that suits your business and your employees. Of course, we do this while ensuring you are fully compliant with your HR obligations.
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Enjoy a flexible way to take the pain out of employee-based activities … one based on a unique blend of professional knowledge and experience. Outsourcing your HR requirements offers key strengths of speed, flexibility and reassurance. Our professional HR services are available to all businesses, of any size, structure or sector. Let’s increase your retention and make you an employer of choice.
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Shanks v Lothian Health Board – Unfair dismissal: Reasonable dismissal – Consensus HR | Herts, Beds
Shanks v Lothian Health Board – Unfair dismissal: Reasonable dismissal | Consensus HR – Herts, Beds
Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is a very interesting case in relation to ‘Reasonableness’ and the fact that when it comes to Law, HR is under Civil Law and the ‘balance of probabilities. Full details of the case can be read by Clicking Here but this press release by our Chartered Instituted explains clearly with a note for employers. In this case, the reasonableness of asking somebody to wear a mask was questioned by the employee who refused despite the employer asking them and all members of the team to wear one which was found to be reasonable. It subsequently resulted in the employee’s dismissal.
Note for employers.
This case is a reminder for employers about the need for reasonableness in decisions on dismissal, and the tests that will be applied to determine this. The EAT judgment made it clear that the focus when determining reasonableness should be on the requirement that the employer is imposing, and not on the employee’s particular views and beliefs on that subject. Where that requirement is to do an act which is lawful, and this is made clear to the employee along with the consequences of non-compliance, taking action up to and including dismissal for breach of that requirement is reasonable.
SUMMARY
When determining whether a requirement put in place by an employer that led to dismissal is reasonable, the tribunal must focus on the reasonableness of the requirement itself and whether the employee’s refusal to follow it was a deliberate and wilful contradiction of the terms of their employment.
LAW
The right not to be unfairly dismissed is found in section 94 of the Employment Rights Act 1996 (“ERA”). Section 98 ERA deals with the fairness of a dismissal and provides that employers must have both a fair reason, selected from a reason provided within that section (in this case, conduct) and have followed a reasonable process in dismissing the employee.
British Home Stores Ltd v Burchell [1980]
This case dealt with what an employer needs to establish before dismissing an employee in conduct cases, and led to what is widely known as the “Burchell test”. The test to be applied is as follows:
(a) The employer formed a belief in the employee’s misconduct
(b) They had grounds for that belief based on the investigation
(c) They had carried out as much investigation as was reasonable in the circumstances.
Iceland Frozen Foods Ltd v Jones [1983]
The EAT in this case gave us another test that should be applied, and it is known as the “range of reasonable responses” test. Under this, the tribunal must consider the reasonableness of the employer’s conduct, and not substitute that with what the members of the tribunal themselves would have decided. In many (though not all) cases there is a “band of reasonable responses” to the employee’s conduct within which one employer might reasonably take one view, and another quite reasonably take another. The tribunal must determine if the decision in question falls within or without that band.
Laws v London Chronicle (indicator Newspapers) Ltd [1959] tells us that for conduct to warrant a summary dismissal, it must be a deliberate and wilful contradiction of the contract terms.
FACTS
The claimant worked for the respondent as a catering assistant.
At the start of the covid pandemic, the respondent produced a risk assessment which instructed staff that where social distancing was not possible, a face mask should be worn. A meeting was later held where the catering team were informed that “masks are now part of uniform policy”. Workers were told unless they could provide an exemption letter from a doctor, they would have to wear a mask as instructed or not attend work.
This prompted the claimant to send their manager an email which included links to information regarding face masks. Within that email, the claimant stated that they believed that wearing a face mask would not stop the spread of the virus, and it would decrease their oxygen levels which could lead to hypoxia or severe hypoxia and cardiac arrest. They also claimed that requiring workers to wear a mask unless they could provide a doctor’s exemption letter was a “…massive breach of the Nolan principles, human rights, employment rights, constitutional rights and the common law”. Based on these beliefs, the claimant refused to wear their mask over both their nose and mouth as instructed and continued to attend work, despite being repeatedly told to wear the mask properly.
Eventually and after a number of months of this behaviour, the claimant was suspended from work. This, the claimant was told, was to de-escalate the situation in the kitchen (as the claimant’s colleagues regularly complained about the claimant and their failure to wear their mask properly), because the claimant posed a threat to themselves and others, and to protect the organisation from risk. The claimant was told they could return to work if they agreed to comply with the face mask rules.
An investigation took place into the claimant’s behaviour. They refused to attend any investigation meetings, and informed the respondent that until they provided supporting evidence as to the lawfulness of the mask wearing policy they would not comply. As a result, the claimant was invited to a disciplinary hearing. This found that the claimant had failed to wear a mask whilst at work as instructed and had not provided mitigation beyond not being provided with scientific evidence of the validity of mask wearing. Their refusal to wear the mask properly was deemed to be gross misconduct, and they were summarily dismissed.
The claimant appealed this dismissal. However, this did not proceed as the respondent instructed ACAS that they were not interested in further attempts to settle the dispute and the claimant deemed it no longer necessary to have the meeting as the respondent continued to fail to provide scientific evidence as to the lawfulness of its mask wearing policy.
Claims were brought for unfair dismissal and breach of contract.
EMPLOYMENT APPEAL TRIBUNAL (EAT)
The claimant argued that the requirement to wear a mask was not legitimately founded in regulations and guidance promulgated by the Scottish Government, and as a result was not a reasonable request and therefore the claimant’s conduct in refusing that request was not gross misconduct and the ET had erred in law in finding so.
The EAT did not uphold the claimant’s arguments. The ET had correctly identified that the requirement to wear a facemask was reasonable and that the claimant’s failure to follow that request was sufficient serious to warrant a summary dismissal. The ET had not erred in law and had correctly applied the relevant tests for reasonableness and unfair dismissal.
The appeal did not therefore succeed.
HR Inform – 7th December 2023
YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.
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Fabulously Festive Horror Stories | Consensus HR – Herts, Beds
The Christmas season is upon us! Here’s some celebratory cheer, with thanks to many Twitter confessions from office Christmas partygoers around the UK. Enjoy these examples of when sensible HR guidance has made way for festive workplace shenanigans …
Professional Relationships
Professional relationships in the workplace that embody trust, respect, self-awareness, inclusion and open communication should be encouraged and facilitated wherever possible.
Confession of a Festive Party-Goer #1:
“I told pretty much the entire team that I hated them.”
Trust and Communication
Mutual trust and exceptional communication in the workplace is achievable through creating strong company values, setting clear boundaries and expectations, and encouraging effective internal communication.
Confession of a Festive Party-Goer #2:
“My colleagues tricked me into thinking it was a fancy dress party. I showed up to a black tie event dressed as a Christmas pudding.”
Team Building
Great relationships between managers and employees are just one of the keys to building and maintaining an efficient, productive and happy workplace.
Confession of a Festive Party-Goer #3:
“The queues were too long for the toilet so I went outside to wee behind a wall. Bumped into my boss doing the exact same thing.”
Training and Development
It is vital to build a skills-based approach to talent development, for unlocking employee potential and creating a more inclusive workplace.
Confession of a Festive Party-Goer #4:
“Tried to be really cool and do that ‘pulling the tablecloth from beneath the glasses’ trick. Completely failed, smashed everything. Red wine went everywhere.”
Privacy
An employee has a right to a private life, and therefore should be able to enjoy a “reasonable expectation of privacy”. Likewise, employees should be encouraged to leave their private selves at home, and to only bring their professional selves to the workplace.
Confession of a Festive Party-Goer #5:
“Proposed to my girlfriend in front of everyone. She said no.”
Social Media Policy
It is essential to have a solid social media policy, informing all employees of expectations and codes of conduct when it comes to posting online.
Confession of a Festive Party-Goer #6:
“I woke up to like a million messages and missed calls. Turns out I’d put inappropriate pictures of people (really drunk and wearing hardly anything) all over Facebook.”
Health & Safety
For any workplace party, it is advisable to appoint an appropriate person to monitor health and safety, identify dangerous situations, and assess and report potential risk. They also need to check any control measures put in place periodically.
Confession of a Festive Party-Goer #7:
“I jumped up onto my friend’s back but we fell over and she broke her arm.”
Don’t worry, everything will turn out just fine this year. Probably.
Merry Christmas 2023 to all our readers! The team at Consensus HR hopes you all have a fantastic festive period and a Happy New Year 2024.
Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds
An early year’s specialist, Mrs J Healey, has been awarded an £800,000 pay-out after being unfairly treated and dismissed by Lancashire County Council. Mrs Healey, who was diagnosed with cancer in 2014, was absent from work for long periods due to treatment. The council’s restructuring of its early years team in 2018 affected her role, leading to Mrs Healey’s belief of unfair treatment and discrimination. The employment tribunal panel ruled that Mrs Healey had been unfairly dismissed and discriminated against, as the council required her to reapply and compete for a role she had already been performing since 2012. The panel found that the interview process amounted to unfavourable treatment due to her disability. Mrs Healey was awarded compensation of £800,713.59, including loss of earnings and pension. The council has not yet commented on the ruling.
Our HR comment: Early years specialist awarded £800k pay-out following unfair treatment | Consensus HR | Herts, Beds
Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: – “Wow! £800,000. Award for unfavourable treatment due to a disability. This unfortunately is a prime example of when a company, a public Council in this instance does not manage sickness / absence appropriately and in view of the circumstances. At Consensus HR, we always work with our clients to ensure that in all situations, the appropriate investigations take place for all HR scenarios and to identify if there are any mitigating circumstances. This is an interesting case to read and full details can be found by clicking here and reading the outcome of the Employment Tribunal in Manchester. Employers and managers must ensure that they investigate fully in such circumstances or as in this situation and as previously discussed in numerous blogs, this was covered by the Equality Act 2010 (EqA) and unfair dismissal. Claims for discrimination under the EqA can be made from day one of employment and result in uncapped awards.”
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UK to legislate for minimum service levels during rail strikes | Consensus HR | Herts, Beds
About 40% of rail services will run during strikes under planned minimum service rules for train operators in Great Britain, the government has said. Ministers are hoping the legislation will come into effect before Christmas. It will also specify minimum service levels for ambulance workers in England and border security staff in England, Wales and Scotland. Under the new law, employers will be able to issue notices to people “who are reasonably required to work to ensure minimum service levels are met,” the government said. It will also make unions “take reasonable steps and ensure their members who are identified with a work notice comply” – with the statutory guidance set out by the Department for Business and Trade following a consultation. The TUC’s general secretary, Paul Nowak, said: “These anti-strike laws won’t work. The crisis in our public services is of the government’s own making. Rather than engaging constructively with unions, they are attacking the right to strike. And they are punishing paramedics and rail staff for daring to stand up for decent pay and better services.”
Our HR comment: – UK to legislate for minimum service levels during rail strikes | Consensus HR | Herts, Beds
Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “With Christmas approaching as I write this, is this the answer to deal with strikes? Our current Government believes so. At Consensus HR, one of the main areas of HR that we are continually supporting out clients and their teams with, is employee relations. This is one of the most important areas of any business who are fortunate enough to have a team and managing them for the success of the business and them can sometimes be extremely hard. Business owners and managers need to consult, consult and consult to find an amicable way forward or as in this instance with the railways, the inevitable may happen, Strikes, which are not the answer for the team or the business and its customers.”
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87% of staff mix WFH with childcare | Consensus HR | Herts, Beds
Research from Capital One has found that 87% of remote workers regularly look after their children while trying to do their day job, with 85% of remote-working parents having to work in the same room as their children. The study shows that parents working from home are also cleaning (56%), cooking (55%), helping with homework (44%) and doing the weekly food shop (44 %). The Capital One research shows that 91% of parents find it stressful juggling work duties and parental responsibilities and 37% are able to concentrate more on their work when in the office full-time. It was also shown that 64% of working parents have seen covering childcare costs become more difficult amid the cost-of-living crisis. Adam Myers of HR consultancy Stellamar says the findings point to an area of concern over remote and hybrid working, saying: “It is important to remember that if people are working at home, then they should be working, and if they are being carers to young children in particular, how much work is actually happening?”
Our HR comment / advice – 87% of staff mix WFH with childcare | Consensus HR | Herts, Beds
Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This is an interesting article in the Daily Mail in relation to parents working from home and having to juggle their work responsibilities with their parenting duties at the same time which must be extremely hard with a detriment to one or the other as shown in the statistics. At Consensus HR we have had to support businesses and their employees on a number of occasions when it has come to parenting and work and finding suitable childcare. Unfortunately, this can be a very complicated scenario for a business when it starts to affect their work and the business and has to be managed correctly to best practice and the law or could result in drastic financial, reputable and legal problems.”
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Former male ‘period dignity officer’ settles discrimination case | Consensus HR | Herts, Beds
A male “period dignity officer” who lost his job after a global backlash has settled his sex discrimination case out of court. Jason Grant, a former personal trainer, sued the partnership that hired him last year. The £35,000-a-year role was abolished weeks later after claims of threats and abuse. Grant alleged that he was removed from the post because he was a man, which would constitute a form of sex discrimination under the Equality Act. The Tribunal Service confirmed that Grant’s case had been settled out of court. No details of the agreement have been made public. Grant was selected last year for a role that would have involved discussing sanitary products with students in schools and colleges in the Tayside region. He was appointed by a working group comprising representatives from Dundee and Angus College, Perth College, Angus council and Dundee city council.
Our HR comment: Former male ‘period dignity officer’ settles discrimination case | Consensus HR | Herts, Beds
Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This was a news article I saw when watching the six o’clock news yesterday and demonstrates how the requirements of a role resulted in discrimination taking place in relation to discussing sanitary products by a male. This case was settled out of court, but I can only imagine how much was agreed in settlement under the Equality Act 2010. Yes, Grant was a man, but could he have not fulfilled the duties of the role and discussed sanitary products with students in colleges and schools? If the correct Recruitment and Selection strategy has been followed to best practice and the law, then regardless of whether he was a man or not, was he the right person for the role? In this ever-changing world where when I was young you would never see adverts for sanitary products or condoms but today, they are rightfully advertised throughout the day on TV, and it is part of live, why should it not be the norm that a man can be involved in discussing it? The Equality Act 2010 is key when it comes to Equality and Diversity in the workplace which is applicable from day one of employment and if proven unlimited awards can be awarded. We recently wrote a blog on this Act, which can be found by clicking here: One in five Britons have faced workplace discrimination.
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NHS staff granted ‘safe space’ powers to speak out about mistakes | Consensus HR – Herts, Beds
NHS staff will be able to speak out about mistakes without fear of reprisal for the first time, thanks to the Health Services Safety Investigations Body (HSSIB). The HSSIB has been granted “safe space” powers, meaning that any testimony or evidence given to it will not be handed over to another agency unless the High Court rules that it must. The body aims to help staff feel safe in speaking honestly about mistakes and understanding how to prevent them. The HSSIB can enter and inspect hospitals, seize documents and equipment, and compel individuals and organisations to answer questions. It replaces the Healthcare Safety Investigation Branch. Sir Bernard Jenkin MP, who chaired a parliamentary committee that backed the idea of legal protection, said: “It is the real catalyst for breaking the hold of the traditional blame culture in healthcare. People make mistakes that are part of a failing safety system, but rarely because of deliberate negligence or carelessness.”
Our HR comment: – NHS staff granted ‘safe space’ powers to speak out about mistakes | Consensus HR – Herts, Beds
Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “Following the stories we have heard recently regarding mistakes made in the NHS and their severe consequences, it is great to see this new scheme allowing a ‘safe space’ to give information without fear of it going to a third party unless the High Court rules it must. In any organisation it is vital that all members of the team feel confident in being able to express mistakes to the team and management and a culture is developed where they learn from their mistakes and make amendments to procedures etc, so that the same mistake does not happen again. This is why at Consensus HR; we ensure our clients have set Policies & Procedures / Standards in place for all areas of the business and their teams and that then development of their teams works in conjunction with them, and the appropriate action taken should anybody no meet them such as further development or disciplinary action.”
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