Norfolk and Suffolk Constabularies have announced a data breach relating to responses for Freedom of Information (FOI) requests for crime statistics, issued between April 2021 and March 2022. The ICO initial response highlights the importance pf having robust measures in place to protect personal information
In non-unionised organisations employee representatives are often tasked with providing advocacy and mentoring support. This short article provides some useful hints and tips on process This advocacy and mentoring can range from providing general help, support and guidance, sign posting resources to representing staff during grievance and disciplinary meetings. It is often a duty that representatives receive little or no training in. We hope this guide will be of use. 1. Introduction This note summarises best practice arrangements for convening, conducting, and closing a one-to one meeting with someone needing support in a disciplinary or grievance situation. There are points of some convergence with the protocols and processes used in the wider employee representative forum meetings. The note also sets out practical steps to follow in the event that you are accompanying the person to any disciplinary or grievance meeting and/or appeal. 2. Planning a support meeting Basic research Appropriate timings Think about your environment. Is it comfortable, non-threatening? Are you meeting in a private neutral setting? Appropriate seating Copies of key policies to hand Sundries 3. Opening the support meeting Your role – establishing that your remit and boundaries are clearly understood. You need to agree ground rules with emphasis upon confidentiality, discretion, and time available. That the person’s issues will be key – you want to help them achieve a workable and acceptable outcome 4. Some important ground rules for each support meeting Make sure you have key company policies on hand. Observe these protocols each time you meet: Confidentiality – unless issue needs escalating. Ensure this caveat on confidentiality is clear i.e., anything that will damage the reptation of the company and/or involving a detriment to a colleague will be escalated Explain you cannot put words into their mouth or pursue independent investigations. Timings- be clear on how much time for the meeting. Discuss if informal rather than formal action might be appropriate for a grievance. Explain company time frames for due process of issue. Take notes- keep them secure. Probe -use active listening and questioning techniques. Summarise at closure – be clear on next steps. 5. Conducting the support meeting Let the person make their opening statement -your best response will often be to listen, clarify and summarise – think of reflective listening! Do not forget the value of silence. Do not accept “no” at face value – and remember to question the assumptions on which something is based. Listen more than you talk. The more you listen, the more you will find out about the other person’s position. Ask questions as much as possible and avoid making unnecessary statements. 6. Moving things along A progressive and positive summary highlighting areas for movement or action. Seizing any moment where the individual through talking to you has discovered the solution. 7. Closing the support meeting You will know if you are moving into this phase when: A repeated “no” is heard (you are pushing them further than they want to go) Their comments get progressively smaller. Non-verbal signals demonstrate it (e.g., shuffling, pen is put down/notebooks and files are closed, breathing/blinking gets faster, tone of voice changes, etc) 8. And before closure of the support meeting Make a clear and concise oral summary of what action has been agreed. Do you need to do anything further? What are they going to do? Is it going to involve them meeting others? Will you need another meeting with the person? Are you going to be required to represent or accompany the person to a formal disciplinary or grievance meeting? See 10 below 9. Records and note taking. Maintain appropriate records of support meetings to have a reliable record for future reference and keep these secure. 10. Accompanying a person to a disciplinary or grievance meeting The person you are assisting is likely to feel apprehensive and under stress. The practical steps set out under are reminders to ensure that there is clear communication with him or her as well as total clarity about the processes being followed. You will need of course to reassure the person about your intention to fully respect the confidential and sensitive nature of all matters up for discussion. Ensure that the person knows that you cannot put words into their mouth and answer questions directed at them. You will be representing their case according to the information provided and assisting with points of clarification based upon what they have told you. You do not have an investigative or cross examination role. Make sure: — You are familiar with the company policy being followed in terms of the venue, date & time, your role, time limits, format for the meeting, participants, possible outcomes, and appeals You have enough time set aside to spend with the person before and after all meetings and be ready to co-operate with adjournments That the person you are assisting is also fully aware of all these matters You have copies of the appropriate policies, precise details of the disciplinary or grievance issues and any supplementary papers You are equipped with enough stationery to make notes That all the foregoing matters are actioned in the event of any appeal Any appeal is anchored on the facts contained in the original disciplinary or grievance decisions made and communicated to the person. If fresh material emerges between the original decision outcome and the appeal take advice from HR on how these matters should be presented. Ian Hirst 15 August 2023
Operational Managers and HR teams need to understand the female menopause, its symptoms, impact and what reasonable adjustments should be considered to support those affected. Delegates on our employment law and equality courses often ask about it so we thought it useful to release this short briefing document so support a wider audience. Introduction The menopause is a natural event in most women’s lives during which they stop having periods and experience hormonal changes such as a decrease in oestrogen levels. It usually occurs between the ages of 45 and 55 and typically lasts between four and eight years. However, each woman’s experience will differ, and menopausal symptoms can occasionally begin before the age of 40. Perimenopause, or menopause transition, begins several years before menopause. Women may start to experience menopausal symptoms during the final two years of perimenopause. The “male menopause” (sometimes called the Andropause) is an unhelpful but often used term. Males may, experience symptoms that appear outwardly similar to those experienced by women and at a similar age BUT they are not related to a drop in testosterone levels so not technically a menopause. The symptoms can interfere with everyday life and happiness, so it is important tofind the underlying cause and work out what can be done to resolve it.” This briefing focusses on the female menopause but in the interests of balance more detail regarding the male Andropause (menopause as it is often, albeit incorrectly, called) is covered in section 9 This briefing note considers the female menopause: – Symptoms Suggested Internal and External Support Ideas Reasonable Adjustments that might be needed Laws related to the Menopause Discrimination and Equality issues GDPR and Data Protection Landmark Cases Symptoms can include Hot flushes and night sweats Anxiety. Dizziness and fatigue. Memory loss. Depression and headaches. Recurrent urinary tract infections. Joint stiffness, aches, and pains. Reduced concentration; and heavy periods. Each of these symptoms can affect an employee’s comfort and performance at work. All businesses and organisations have a duty to provide a safe working environment for all employees and therefore will usually commit to ensuring that adjustments and additional support are available to those experiencing menopausal symptoms. Suggested Internal and External Support The aim should be to facilitate an open, understanding working environment. All employees can be asked to attend a training session on the menopause/health issues including the menopause to increase awareness. Managers will benefit from attend this session as well as additional training to help provide effective to support to employees who are going through the menopause. Employees are generally encouraged to inform their line manager that they are experiencing menopausal symptoms at an early stage to ensure that symptoms are treated as an ongoing health issue rather than as individual instances of ill health. Early notification will also help line managers to determine the most appropriate course of action to support an employee’s individual needs. Employees who do not wish to discuss the issue with their direct line manager may find it helpful to have an initial discussion with a trusted colleague or another manager instead. They can also raise the issue with HR/occupational health if they need support. Many organisations signpost external sources of help and support for employees and managers, including information on: Menopause matters, which provides information about the menopause, menopausal symptoms, and treatment options. the Daisy Network charity, which provides support for women experiencing premature menopause or premature ovarian insufficiency; and the Menopause Café, which provides information about events where strangers gather to eat cake, drink tea, and discuss the menopause On a broader but related scale Hen-pecked is one of the UK’s largest, fastest-growing websites for women, They say their mission is give women a place to have their say, sparking discussion, promoting healthy debate and, they hope, bringing about positive change. The have a big focus on the Menopause. ACAS has also publishedguidanceto help employers and managers support staff who are affected by menopause symptoms at work. Since its original publication in October 2019, it has received approximately 85,000 unique page views. Reasonable adjustments that might be needed Temperature control An organisation should strive to achieve a comfortable working temperature for employees, allowing flexibility within its dress code where reasonable. Air conditioning systems, chilled water and desk fans should be provided as appropriate Flexible working Most organisations recognise that difficulty sleeping is a common symptom of the menopause. To reflect this, as well as the impact of other common symptoms, companies should aim to facilitate flexible working wherever possible. Requests for flexible working could include asking for: A change to the pattern of hours worked. Permission to perform work from home. A reduction in working hours; or More frequent breaks. Employees should discuss such requests with their line manager/HR. Depending on the circumstances, requests are usually approved on a permanent or temporary basis. Law relating to the Menopause Health and Safety at Work etc Act 1974 Employment Rights Act 1996 Equality Act 2010 Data Protection Act 2018 Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) Flexible Working Regulations 2014 (SI 2014/1398) General Data Protection Regulation (2016/679 EU) Discrimination and Equality Issues The Government has indicated it is sympathetic to amending the Equality Act in order to take account of the legal case authorities and social awareness of the detriments caused to women with menopausal symptoms. The Equality Act covers the situation indirectly through the Protected Characteristic of Disability, but the thinking is that the “Menopause” in its own right should become a 10th Protected Characteristic in that statute. And this has implications for GDPR and specifically processing Sensitive Data. The menopause can, depending on the severity of the symptoms, amount to a disability for the purposes of the Equality Act 2010. Employers must ensure that they do not treat employees less favourably than others as a result of a disability and must also make reasonable adjustments as required to ensure that disabled employees are not disadvantaged as a result of their disability. Employers …
Understanding the GDPR terms Necessary, Proportionate and Fair The GDPR does not require organisations to gain consent before personal information is processed, it merely requires that a lawful basis is established. However For the processing to be lawful a legal basis for processing has to be decided upon and this has to be evidenced as necessary, proportionate and fair. Further, the GDPR requires all of the above be transparent. That is to say the basis and underlying considerations be recorded and made available to data subjects (the people whose data is being processed) before the processing takes place. Identifying an overarching “legal” basis for processing and outlining this within a “privacy policy” may appear sufficient but in the event of a complaint or breach it is likely to be found woefully inadequate To meet the “necessary and fair” requirements of the GDPR each policy, process, policy, approach, project or initiative needs to have a legal basis for processing identified and the key underlying principles of Necessary, Proportionate and Fair and met. Additionally final decisions and outcomes need to be transparent; that is to say made available, in an easy to understand manner, to the appropriate staff, stakeholders and service users. Except in situations where the precise processing activity is specifically required by a Government directive all organisations need to demonstrate, for each and every individual processing activity, that the “necessary, proportionate fair and transparent” requirements have been met. In the event of complaint or breach organisations will struggle to evidence GDPR compliance Necessary Processors need to demonstrate that the processing is ‘necessary’ for a specific purpose. It is not enough to argue that processing is necessary because it is part of your particular business model, processes or procedures, or because it is standard practice. This does not mean that processing has to be absolutely essential. However, it must be more than just useful or habitual. It must be a targeted, proportionate and fair way of achieving the said purpose. Processing is not deemed “Necessary” if you can reasonably achieve the same purpose by less intrusive means. Proportionate Organisations need to consider the, scope, extent and intensity of the processing. That is to say consider the impact the processing may have on the data subjects, conduct a fair balance assessment and then explore ways in which the impact of the processing can be reduced. Processing is not deemed “proportionate” if you can reasonably achieve the same purpose through less intrusive means Fair Organisations must use personal data in a way that is fair. In general, fairness means that you should only handle personal data in ways that people would reasonably expect and not use it in ways that have unjustified adverse effects on them. You need to stop and think not just about how you can use personal data, but also about whether you should. Assessing whether you are processing information fairly depends partly on how you obtain it. In particular, if anyone is deceived or misled when the personal data is obtained, then this is unlikely to be fair. In order to assess whether or not you are processing personal data fairly, you must consider more generally how it affects the interests of the people concerned – as a group and individually. If you have obtained and used the information fairly in relation to most of the people it relates to but unfairly in relation to one individual, there will still be a breach of this principle. Personal data may sometimes be used in a way that negatively affects an individual without this necessarily being unfair. What matters is whether or not such detriment is justifiable Organisation also ensure they treat individuals fairly when/if data subjects seek to exercise their rights over their data. This includes for example providing clear information on how to object to the processing and the right to be forgotten Transparent Processing Processors must be clear, open and honest with people from the start about how they use the personal data provided. Data subjects have a right to be informed. You must ensure that you tell individuals about your processing in a way that is easily accessible and easy to understand. You must use clear and plain language. You must regularly review, and where necessary, update your privacy information. You must bring any new uses of an individual’s personal data to their attention before you start the processing. The level of detail provided within the privacy policy should be proportionate; in situations where the need for processing may not be readily obvious to the data subject then the privacy policy needs to provide greater detail on the legal basis and how the necessary, fair and proportionate requirements have been met. Transparency is fundamentally linked to fairness. Transparent processing is about being clear, open and honest with people from the start about who you are, and how and why you use their personal data. Transparency is always important, but especially in situations where individuals have a choice about whether they wish to enter into a relationship with you. If individuals know at the outset what you will use their information for, they will be able to make an informed decision about whether to enter into a relationship, or perhaps to try to renegotiate the terms of that relationship. Transparency is important even when you have no direct relationship with the individual and collect their personal data from another source. In some cases, it can be even more important – as individuals may have no idea that you are collecting and using their personal data, and this affects their ability to assert their rights over their data. This is sometimes known as ‘invisible processing’. Getting the right to be informed correct can help you to comply with other aspects of the GDPR and build trust with people, but getting it wrong can leave you open to fines and lead to reputational damage. Impact Assessments Whilst the GDPR only requires impact assessments be conducted for high risk activities, …
We don’t make a habit of publishing all the great feedback we receive but woudl like to thank the delegates on the recent TUPE course for their glowing comments. TUPE Training for HR Teams and Operational Managers Note: we only publish feedback when we have permission from the giver to do so
Modern slavery operation leads to 18 arrests “03 August 2023 A number of people have been safeguarded after being identified as potential victims of modern slavery, and a further 18 arrested, as part of ongoing activity to tackle exploitation in South Yorkshire.” Yesterday (2 August), working in partnership with HMRC, the Yorkshire and Humberside Regional Organised Crime Unit, the Government Agency Intelligence Network, the Immigration Service, the Department for Work and Pensions, the Gangmasters and Labour Abuse Authority, South Yorkshire Fire and Rescue Service and local environmental health teams, officers carried out a targeted day of action under Operation Duxford.” South Yorkshire Police Read the fully story HERE Our one-day course on modern slavery tells you more about this evil trend and how to prevent in across your supply chains image credit: “Slavery”by futuredrkate used under CC BY 2.0
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The UK Equality and Human Rights Commission have set up a confidential email hotline for those affected by sexual harassment at McDonald’s in the UK. Anyone who is concerned about incidents of harassment in McDonald’s can report it to: From The EQHC web site: “We are concerned to hear of these new allegations of sexual and racial harassment. “We will look at them closely in the context of our current legal agreement with McDonald’s to tackle sexual harassment of staff in its restaurants. “McDonald’s has made a number of legally binding commitments to us that we will monitor, including: communicating a zero tolerance approach to sexual harassment conducting an anonymous survey of workers about workplace safety enhancing policies and procedures to prevent sexual harassment and improve responses to complaints delivering anti-harassment training for employees introducing specific training and materials to help managers identify areas of risk within their restaurants and take steps to prevent sexual harassment supporting the take up of policy and training materials by franchisees within their independent organisations to support reporting of sexual harassment monitoring progress towards a safe, respectful and inclusive working environment “Under the Equality Act 2010, employers are legally responsible if an employee is sexually harassed at work by another employee, if the employer has not taken all possible steps to prevent it from happening.” Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission said: “There should be zero tolerance of sexual harassment in every organisation. I’m concerned at these new reports of harassment at McDonald’s, where we have an existing legal agreement in place to ensure their restaurants are safe places to work. “McDonald’s have committed to make improvements to set an example for others to follow, in the hospitality industry and elsewhere. “Every employer, no matter how big or small, is responsible for protecting its workforce. We’re determined to continue to crack down on illegal harassment at places of work.”
Hints and tips on structures, constitutions, rules and boundaries Introduction and Background There are an ever increasing number of Employee Forums/Works Councils being set up across the private, public and not for profit sectors. These usually run alongside collective bargaining frameworks, negotiated with recognised trade unions, or operate in the absence of such agreements. Where union representation is not present, or only limited numbers of staff are represented by unions the forums play a pivotal role in situations where workforce consolation is required by law. When set up correct Employee Forums cam also make a valuable contribution to ongoing business development and operational success. This briefing note sets out typical good practice working arrangements for Employee Forums, which are normally documented within an agreed constitution or rule book. For the sake of clarity, the terms used in this briefing are Forums, Constitutions and Constituents, the latter being the designation used by ACAS in their Code of Practice to describe those taking on the representational role. The arrangements described below therefore reflect good practice as we have encountered in our work across all sectors and the ACAS Code. Obviously, what is described here is a generic framework which our clients often use as a basis for creating arrangements reflecting their own working culture and specialist interests. Our training courses capture all the matters outlined below as well as the key personal skills and technical knowledge representatives would normally need to when taking on the Forum role. Overarching Scope of an Employee Forum Constitution There are 4 typical structures that underpin employee representation schemes. Model One – Trade Union/Collective Bargaining Employee reps: Determine rate of pay being soughtand/or Respond to employers offer Negotiate other changes to terms and conditions of employment Act as first reference points in collective redundancy situations Model Two – General Employee Rep Scheme Employee reps: Receive management proposals on policies or procedures Seek feedback from members Report back to a joint forum of management and staff Proactively seek out other ideas and issues from members on wide range of workplace issues of concern/interest to staff And feedback to a joint forum Model Three – Specialist Forums or Working Parties Some have statutory remit such as Health and Safety Some have policy oversight on a given issue eg Equality and Diversity Some have limited shelf life concerned with raising visibility and implementation of a given issue. Prevailing topics include Mental Health/Well Being or Menopause policy Employee reps perform similar two way feedback role as per Models 1 and 2 Model Four – Advocacy Model This often runs alongside either Model One or Model Two or might even be separate Employee reps act as first port of call for staff involved in either disciplinary or grievance issues Employee reps are essentially listeners who often signpost people to procedures and options Employee reps don’t act as sleuths but can represent/accompany an employee to a disciplinary or grievance meeting and/or appeal. Clear boundary protocols operate with all four models. There is sometimes overlap between Mode1 and Model 4. There is sometimes overlap between Model 2 and 4. Sometimes employee reps in Model 3 (specialist) will have ‘seat’ on Model I and 2 acting in liaison or link up capacity Key Elements of Constitutions There are at least 15 headings normally made clear in any written constitution. These include:- Links to Values and Commitments Your Mission & Vision workplace culture will probably signal that you value the views of all members of the workforce. Forums should aim to foster a positive working environment where people feel their contribution is welcomed and that they are treated fairly and consistently. And with a culture of openness, honesty, mutual support and learning, committed to providing staff with opportunities to contribute to the ongoing development of the workplace. Management responsibilities It is usually made clear that the management commits to consultation and/or negotiate in good time in an appropriate manner, listening to contributions and explaining final decisions. There are clear definitions of the differences between consultation and negotiation. Managers ultimately remain responsible for making final decisions and forums are not intended to bypass normal line management reporting channels. Objectives of the Forum Forums have the overarching task of helping to enable the free flow of open and honest communication both upwards and downwards, ensuring that employees have a clear understanding of relevant objectives and policies and actively encouraging commitment to them. These are often set out across three main points. To provide a mechanism by which employees can contribute, where appropriate, to the decision making process To enable joint problem-solving within the organisation To improve the working environment through the development of increased understanding and mutual trust and sharing of ideas in an open and honest manner. Representation arrangement Representation Arrangements usually say that Employee Representatives will attend the Forum from all parts of the organisation. There is therefore normally appropriate pro rata numerical representation across, and for, all pockets of the organisation. A Director of HR or senior manager will normally be responsible for ensuring the correct mix of members Remit and Role of an Employee Representative with protocols Representatives act as a collective voice for employees and volunteers and contribute to developing a climate of trust where individuals can be confident that their opinions are valued. Representatives must ensure the views they represent are put forward appropriately rather than any personal viewpoints they may have. Representatives voice their views frankly and freely to enable managers to gauge the likely reaction of employees at an early stage in decision making. Representatives should have the opportunity to put forward fresh ideas and proposals from colleagues. Representatives should possess or be able to develop skills such as listening, presentation, diplomacy and the ability to help build trust, co-operation and understanding of the need for change within the company Terms of Office for Employee Representatives Typical Terms of Office and Eligibility state that Employee Representatives will be appointed for a fixed term but may stand down for good …
The government is proposing a variety of changes to employment law in its policy paper“Smarter Regulation to Grow the Economy”. These will it claims “cut red tape for businesses and save £1 billion per year while safeguarding the rights of workers”. Announcing the “smarter regulation” proposals, business and trade secretary Kemi Badenoch said: “I have listened to the concerns of businesses of all sizes and have made it a priority to tackle the red tape that holds back UK firms, reduces their competitiveness in global markets and hampers their growth.” The paper published on Wednesday (10 May), proposes to: Legislate to limit non-compete clauses in employment contracts to a three-month duration Consult on suggestions to enhance the Working Time Regulations Roll up holiday pay Remove the requirement to elect employee representatives in TUPE consultations. Additionally, the government revealed plans to scrap the controversial sunset clause in its Retained EU Law (Revocation and Reform) Bill, which would have automatically deleted every EU lawwhich hadn’t already been reviewed by the government at the end of 2023. The Government now says it will “amend [the bill]to be clear which laws we intend to revoke at the end of this year”, it went on to say “This will also provide certainty to business by making clear which regulations will be removed from our statute book.”
