The Importance of Social Media Policies in the Workplace

Incase you missed it, a recent headline in the news revolved around Gary Lineker where his politicised tweet criticised the UK Government's new immigration policy. The tweet saw the BBC Match of the Day presenter removed from his presenting duties pending an investigation as to whether he had broken the BBC's *'Guidelines on Impartiality'* and *'Guidance on Individual Use of Social Media'*. The BBC subsequently reinstated Mr Lineker following the investigation. The difficult position the BBC found itself in is a timely reminder that employers should have effective social media policies in place to deal with such incidents.

What can we learn from BBC’s approach?

Reputational risk & disproportionate response

The BBC could not ignore the public backlash which followed Mr Lineker's removal and its impact on the organisation's wider reputation. It was widely felt that the decision to remove him was disproportionate to the purported breach of the BBC's policies.

Social media provides a place where public backlash can gain momentum and damage an organisation's reputation. This reputational damage could come from the employee or contractor's comments or, as we have seen in this instance, from the organisation's handling of subsequent disciplinary action.

Employers must have comprehensive policies to mitigate the risk that public remarks could adversely affect their reputation. Objective and fair investigation and disciplinary procedures must be in place where an employer feels an employee or contractor has breached these policies, and should a sanction be applied, it must be proportionate to the breach committed.

Solidarity boycott

Mr Lineker's colleagues announced a boycott of their duties in solidarity with Mr Lineker. This boycott forced the BBC to rethink its decision as it heavily impacted scheduled programming.

The BBC has since announced an independent review of its guidelines.

Key takeaways

The Gary Lineker story focuses on the difficulties that can arise for organisations in the social media age and shows us that the line between professional and private life is not always clear. It is a wake-up call for individuals to be wary of what they post online and for organisations to have clear social media policies in place so appropriate action can be taken where an individual does cross that line.

In summary, a social media policy should:

- Establish clear guidelines and standards on the accepted use of social media in the workplace.
- Contain clear information about disciplinary procedures for breaches and the potential consequences for such breaches.
- Warn individuals that employers may take disciplinary action with posts on their personal social media accounts where a connection can be drawn to their workplace.

Other blogs:

Social Media Policy

Posted in Company Handbook, Employee Handbook, Social Media

Employment Key Changes 2023: What is coming?

The year ahead see's changes to rates of pay, major reforms to EU law and details on the much-awaited Employment Bill.

1. Increased Rate Changes

The new year welcomed various rate changes. Here is what you can expect:

• National Minimum Wage / National Living Wage rates are set to increase from 1st April 2023.

• Statutory maternity, adoption, paternity, shared parental pay. The rate of £156.66 per week will increase to £172.48 per week on 2nd April 2023.
• Statutory sick pay. The rate of £99.35 is set to increase to £109.40 per week. This increase is expected to occur on 6 April 2023.

2. Retained EU law (Revocation and Reform) Bill

The Retained EU Law Bill will repeal all EU law unless new legislation keeps it in place. The introduction of the Bill could see changes to:

- Transfer of Undertakings (Protection of Employment) Regulations
- The Working Time Regulations
- The Agency Workers Regulations
- Fixed-term Employees Regulations
- Part-Time Workers Regulations
- The Information and Consultation of Employees Regulations
- Various health and safety regulations
- Maternity and Parental Leave Regulations

3. Employment Bill

The much-awaited Employment Bill, mentioned in 2019, is likely to come in to force in 2023. The Employment Bill is said to include some of the following:

- Changes to the existing right to request flexible working. Employees no longer need 26 weeks of service to request flexible working; they can do so right away.
- Proposals to provide job security for new and expectant mothers for up to 6 months after their maternity leave ends.
- Introducing the right to receive up to 12 weeks’ paid neonatal leave for parents of babies needing neonatal care.
- Providing employees who are carers the day one right to receive one week’s unpaid leave per year.
- Allowing workers on variable hours the right to request a more predictable and stable work contract after 26 weeks’ qualifying service.
- Proposals making it unlawful for employers to withhold tips, gratuities and service charges from workers.
- Imposing a new duty on employers to prevent sexual harassment at work (extending to third parties). There are also proposals to extend the time limit for claims to 6 months.

Also in 2023, the Harbours (Seafarers’ Remuneration) Bill will come into effect, giving UK ports authority to deny access to ships that pay their crew members below the national minimum wage.

The Transport Strikes (Minimum Service Levels) Bill will likely take effect in 2023. It requires employers and unions to agree on a minimum service level during transport strikes for three months. It will also remove the automatic unfair dismissal protection available to employees who participate in strike action during that period.

Posted in Employment Law, Family Leave, Parental Leave, Sick Leave/Absence Management, Wages

The Kings Coronation: An Additional Bank Holiday

The Government has announced that Monday 8 May 2023 will be a bank holiday across the whole of the United Kingdom, to mark the coronation of His Majesty King Charles III which will take place on Saturday 6 May 2023. The bank holiday is intended to give families and communities the chance to celebrate and welcome His Majesty to the throne.

There’s no automatic legal right for most staff to take bank or public holidays off work, so you’ll need to check their employment contracts to see if they’re entitled to the day off. We’ve set out a refresher below on how to check whether your staff are entitled to this day off and/or how to treat your staff fairly when deciding whether to give them the day off anyway.

There’s no automatic entitlement for bank or public holidays off work

There is no automatic legal entitlement for your staff to take bank or public holidays off work. The only exception to this is that some banking sector workers do automatically get bank holidays off.

However, you should respond sensitively to requests from your staff members to take the day off work, and you’ll need to make sure you check what their employment contract entitles them to.

Check your staff members’ employment contract

These are some likely scenarios that could be included in their employment contract:

1. Their contract says they are entitled to a certain number of days annual leave, in addition to all bank and public holidays

Staff are entitled to take the extra bank holiday off in this scenario.

2. Their contract says they are entitled to a certain number of days annual leave, inclusive of bank and public holidays

In this scenario, it will be up to you whether you allow them to take the extra day off, as their contract does not explicitly entitle them to it.

3. Their contract says they are entitled to the normal bank and public holidays as annual leave

As the extra bank holiday is not one of the ‘normal’ eight bank and public holidays in England and Wales, it will be up to you whether you allow your staff members to take it.

In scenarios 2 and 3, if you decide that you need your staff to work through the bank holiday, you should explain why and communicate your position with them as early as possible. Allowing an early finish or half day on the day of the coronation could also help boost their morale. If you decide to allow your staff to take the day off as holiday even though they aren’t contractually entitled to it, you should make it clear that this is a one-off gesture of goodwill.

Do I have to pay staff extra to work on a bank holiday?

If your staff are working on this bank holiday, they’ll only be entitled to be paid extra, or take an additional day’s holiday another day, if their contract says so. If you decide to pay them extra, or give them an additional day’s holiday another day, you should make it clear to them that this is a one-off gesture.

Make sure you treat part-time staff fairly

If your staff aren’t contracted to an extra bank holiday off, but you decide to give it to them anyway, make sure you consider the implications for part-time staff. You must make sure that you do not treat part-time staff less favourably than full-time staff, or you could face discrimination claims. This means that if the bank holiday falls on one of a part-time staff member’s usual non-working days, you must adjust their holiday allowance on a pro rata basis so they don’t miss out on the extra leave.

Posted in Pay/Wage

Celebrating Women in Tech with Eleanor Vaughey

At Bright we celebrate all our employees achievements and progress in the Tech industry everyday and with International Women's Day last week we wanted to shed a light on some of our amazing women at Bright but we didn't want to just do it for one day, as all our employees deserve to feel the spotlight every day of the week. So this week we are shining a light on Eleanor Vaughey who works in our Marketing department. Eleanor sat down with us to talk about who inspires her in her career and why diversity in the workplace is important.

Question: Is there anyone that inspires you in your career?

Eleanor: All of the bosses I’ve had throughout my career have been women. There are a lot of women in my life who are in leadership roles too – teachers, doctors, managers. I’m very fortunate to have a lot of inspirational women in my life.

Question: Why do you think diversity in the workplace is so important?

Eleanor: I think it’s important for different ideas and viewpoints. It enriches the workplace and provides opportunities for broader and deeper perspectives everything – from bigger picture strategies to quick weekly brainstorms.

Question: What is the most important piece of advice you have been given?

Eleanor: That we can do anything, once we have the resources and tools available to us. And if we don’t know how to do something, it’s just because we haven’t had the opportunity to discover and access those resources yet.

Question: On International Women’s Day, what is the most important message you want to send out to young women thinking about their careers?

Eleanor: Don’t be scared to try out a role because you think you’re not smart enough or capable. Nobody starts out as an expert, ever. Go all in and be brave. And if it doesn’t work out, at least you tried it out and are wiser from it, rather than never trying at all.

There's much to celebrate about women's achievements. Gains are made for women worldwide, but there's more to do. Collectively, we can all challenge gender stereotypes, call out discrimination & draw attention to bias. Let's #EmbraceEquity to create places & spaces where women thrive.

Celebrating Women in Tech with Neeraja Sankar

At Bright we celebrate all our employees achievements and progress in the Tech industry everyday, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We recently interviewed Neeraja Sankar who has given us her thoughts on IWD.

Question: Why do you think diversity in the workplace is so important?

Neeraja: Although this is a IWD piece, I think diversity, beyond gender diversity, can be incredibly beneficial for an organization. A diverse workforce means our people can bring to the table varied opinions, thoughts, and viewpoints because of their different backgrounds – the more varied our perspectives, the more innovative and agile we can be as a company. For a company like Bright that is constantly evolving, and thinking of better ways to meet our customers’ needs, this diversity in viewpoints is invaluable and in turn, leads to increased employee engagement and morale.

Question: What is your proudest achievement whilst working here?

Neeraja: Our HR team once shared a candidate was drawn to interviewing for Bright, specifically because our leadership team had a good gender balance (we’re working toward making this even more balanced!) – whilst this is not a direct achievement of mine, I felt incredibly proud that I am part of a leadership team that is aspirational for people.

Question: What advice would you give to the next generation of female leaders?

Neeraja: Believe in yourself and your potential but balance that with being humble and self-aware
Have a strong sense of purpose, and let it be the foundation for what kind of leader you want to be
As a leader, you often have to ask yourself “who can I work on this with?” - surround yourself with people who have similar principles to yours, and inspire confidence through your actions and vision
Seek out a mentor – having a mentor can do beneficial with building your confidence and opening doors to new opportunities

Question: What is the most important piece of advice you have been given?

Neeraja: This is not direct advice that was given to me but I learnt a lot when from a leader I worked with, who was excellent at bringing people along in her journey. As mentioned above, leadership a lot of the time is working with others, and this particular leader I worked with was always looking for opportunities to build and lift her team up. She was good at recognizing others’ strengths, and empowered and equipped them to contribute to their full potential. This worked wonders for her, her team and the organization she worked for. This principle of elevating people I work with and bringing them along in my personal journey as a leader underpins my approach to work and leadership.

There's much to celebrate about women's achievements. Gains are made for women worldwide, but there's more to do. Collectively, we can all challenge gender stereotypes, call out discrimination & draw attention to bias. Let's #EmbraceEquity to create places & spaces where women thrive.

Celebrating Women in Tech with Aisling Hetherington

At Bright we celebrate all our employees achievements and progress in the Tech industry everyday, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We recently interviewed Aisling Hetherington who has given us her thoughts on IWD.   

Question: What does IWD mean to you?

Aisling: For me, International Women’s Day is a day to celebrate the achievements of women both in and out of the workplace. From years ago, when my mother's generation were encouraged to stay at home or to give up work once they became mothers, to a world where we are encouraged to excel in our careers while also having a family. Sometimes this can be a balancing act and working for such a family friendly and supportive organisation as Bright makes this a lot easier. This is not the case in other organisations and in some countries where women face ongoing struggles for equal rights and opportunities. While I personally don’t think that gender makes a difference to your ability to carry out a job or have a successful career, it is well known that for a long-time, women have faced more challenges in the workplace. Thankfully, there is more awareness about this now (for example the gender pay gap) and we have seen great changes over the last number of years. This is an ongoing journey to improving equality for women.

Question: On International Women’s Day, what is the most important message you want to send out to young women thinking about their careers?

Aisling: They can achieve anything that they set their heart on, regardless of their gender and there is nothing that can hold them back. They should never doubt their ability or limit themselves. I have always worked hard in my career and given my all to the organisation I am working for. It is also important to switch off outside of work with family and friends.  It’s great if the career path and job chosen when they finished school is one they enjoy and are passionate about. It’s also possible to change this path at any stage of their life so should never be afraid to take on something new. I know this from first-hand experience.

Question: How can we encourage more women to pursue senior leadership roles in their career?

Aisling: Organisations have responsibilities to encourage women to pursue senior leadership roles and provide the education and training to prepare them for it. Typically, these roles require time commitments that may go beyond the 9-5 workday. This is something that should be reviewed and changed if it is noticed occurring regularly in the organisation. It is important for organisations to recognise that people have responsibilities outside of the office.  So many studies have been completed now looking at the working hours, working days, flexible and hybrid options, and work-life balance. Organisations need to value their employees and senior leaders and recognise that they have commitments outside of the office, regardless of their gender. Some days, more attention may be needed to a person’s home life than to their work life. I was very lucky early in my career that I had many women (and men) in leadership positions who encouraged me to take on new roles, education, projects and challenges and guided me throughout my career. Some people may not have the belief in themselves and so, if you are in a senior leadership position, actively seek out and support talented women in the organisation, take them in as a mentee and offer them the encouragement to advance their career.

Question: Have you faced any barriers in your career due to being a woman? If so, how did you overcome them?

Aisling: I have not had barriers as such but have had challenges to overcome. One of these was juggling a career, studying and 2 children as a single mum. Despite the challenges I faced, I managed to overcome these with the support of family, friends, and colleagues. I don’t think this is unique to me, or to me as a woman, as many people face barriers and challenges as they navigate their own careers. I think sometimes attitudes of others can have an impact at times and create barriers. I personally don’t see my gender as a barrier to achieving success. I appreciate that this is not the same experience as others have had and continue to face. For a large part of my career to date, I worked in the healthcare industry which typically had more female than male employees and as a result quite a few women in senior leadership positions. Perhaps this is why I do not see these barriers and I have certainly not seen them since joining Bright last year.

There's much to celebrate about women's achievements. Gains are made for women worldwide, but there's more to do. Collectively, we can all challenge gender stereotypes, call out discrimination & draw attention to bias. Let's #EmbraceEquity to create places & spaces where women thrive.

Happy International Women's Day!

Happy International Women's Day! 

At Bright we celebrate all our employee's achievements and progress in the Tech industry every day, but with International Women's Day being upon us we wanted to shed a light on some of our amazing women by gathering a few of our Bright women and hearing what International Women's day means to them, who the inspiring women in their lives are, an important piece of advice they have been given and much more. We also included some of our Bright men who shared their experiences and opinions with us too.

On IWD2023 and beyond, everyone everywhere can help forge an inclusive world. Let's #EmbraceEquity to create places & spaces where women thrive.

Posted in Events, Social Media

What we Expect to see in the Coming Months: GDPR

It looks like 2023 will be another busy year in data protection, with some significant changes expected to the UK data protection regime, as well as further guidance for employers from the ICO. We have set out some of the principal data protection themes relevant to employers below.

Updates to UK GDPR

In 2022 the UK government set out plans for a number of substantial updates to the UK GDPR. Discussions will recommence later this year. It is anticipated that the changes indicated by the Data Protection and Digital Information Bill will be the minimum changes made to the UK data protection regime. More far-reaching changes could be introduced in an attempt to reduce the burden on businesses.

The minimum changes that we expect to see that will affect the way in which employers deal with data subject access requests include:

• An amendment to the circumstances in which employers can say no and refuse to respond to a DSAR. The draft bill had proposed that employers can charge a fee or refuse to respond to a DSAR where the request is "vexatious or excessive". Previous governments had indicated a desire to move away from DSARs being processed where personal data or concerns about its processing are not the purpose of the request.
• A change to the definition of "personal data" so that it only needs to be considered whether an employer or others likely to receive the data are reasonably likely to be able to identify the individual in question. Essentially, this would be a more subjective test and may limit what is in scope of a DSAR.

Information Commissioner's Office Updates (ICO)

The ICO has indicated that it plans to provide individuals with a better understanding of how their information is used and accessed over the course of this year. Data subject access requests (DSARs) form a major aspect of this and the ICO has specified that it plans to introduce a new "subject access request tool" which will help individuals to identify where to send their requests and explain what they should expect from the DSAR process. It has also indicated that it will provide individuals seeking to exercise their rights with "easy to access answers" (that is, FAQs).

The ICO has also expressed its goal to reduce the burden or cost of compliance with data protection laws. It is seeking to accomplish this through a series of services, tools and initiatives "so organisations can benefit from the advice and support of the regulator when planning, innovating and managing information risk".

Posted in GDPR, General Data Protection Regulation