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18
Aug 23

Posted by
Charlotte McArdle

Award for Upset and Hurt: Case Law Example

Individuals who bring successful discrimination claims are entitled to be compensated for the upset and hurt they have suffered by way of an injury to feelings award. These awards are separate from, and in addition to, compensatory awards for financial loss which are uncapped.
Awards for injury to feelings have been increased for all claims presented on or after 6 April 2023 and are now over double the original rates.
The new bands are as follows:

Lower band - suitable for one-off and isolated incidents which are considered to be less serious. £1,100 - £11,200
Middle band - suitable for cases that do not merit an award in the upper band. £11,200 - £33,700
Upper band - suitable only in the m sot serious cases which was where there has been a lengthy campaign of harassment. £33,700 - £56,200 with the most exceptional cases capable of exceeding £56,200.

It is worth remembering that a claimant does not need to prove that they have suffered any ill health or produce medical evidence in order to get an injury to feelings award – although if they do, they may get a higher figure.

The tribunal will consider the extent to which the victim of discrimination has had their feelings injured and will attribute a financial value to that injury. Awards in the upper band are rare and most awards are in the upper lower and middle bands.

Case Law Example:

Mrs. Messum, a qualified executive HR assistant at Bradford, faced discrimination and mistreatment after becoming pregnant. Despite her qualifications, her boss started assigning her physically, unrelated demanding tasks. She was signed off due to pregnancy-related issues and during sick leave, was asked to attend an urgent investigatory meeting. When she could not attend due to illness, her maternity leave was initiated. Later, she was asked to attend the meeting again, in her own home with an 8-week-old baby and if she did not attend there may be disciplinary action.

After she returned to work, she attended the investigatory meeting, during which she was accused of stealing food from the canteen. She said that her manager had given permission for her to take food home when she had worked late and did not have time to take a break. Despite her explanations, she received a verbal warning and her job duties were changed. Her HR duties were taken off her and she was instead asked to process sales orders and, later on, to do housekeeping duties - including laundry. She resigned, claiming unfair dismissal, pregnancy/maternity discrimination, and harassment.

The tribunal ruled:

  1. Unfair dismissal: Company actions breached trust, mishandling investigations and changing her role fundamentally.
  2. Pregnancy/maternity discrimination: Demoting her and changing her role was unfavourable treatment due to her condition.
  3. Harassment: Repeated unwanted contact during her pregnancy and maternity period was deemed harassment.

The tribunal awarded Mrs Messum £18,000 for injury to feelings, an additional ACAS uplift of 25% (because the employer had not followed the Acas Code of Practice) plus interest amounting to £28,000.

This case underscores persistent issues with pregnancy and maternity discrimination, with a significant percentage of mothers facing mistreatment or job loss. Legal protections exist, but many employers still fall short. It's vital for employers to understand their obligations and treat pregnant employees fairly.

 

Posted in Bullying and Harassment, Employment Tribunals

27
Jul 23

Posted by
Charlotte McArdle

Bonuses 101: A Guide to Managing Bonuses

Many employers routinely consider the award of bonuses to their staff at this time of year and inevitably this leads to disputes with some staff members about the failure to award a bonus to them at all or at a particular level. In this blog, we set out some factors of which employers should be mindful when making bonus-related decisions.

Entitlement to a bonus

The contractual status of a bonus is a significant factor to consider. Generally, offer letters and employment contracts outline eligibility to earn a bonus without explicitly guaranteeing it. They often state that the bonus scheme's operation and the amount awarded are solely at the employer's discretion. Bonuses are typically contingent upon the employer's business performance, the employee's work performance, or a combination of both during the previous year.

Even if bonuses are described as discretionary, there might still be a contractual entitlement to them implied in the employment contract. This could happen when an employee consistently receives a bonus at a particular level over an extended period due to custom and practice. If a contractual entitlement exists and the employer fails to pay the bonus, it could lead to a breach of contract claim or a complaint about an unlawful deduction from wages. It may also contribute to a constructive dismissal claim. In some cases, bonuses might be factored into loss of earnings awards in unfair or constructive dismissal cases.

The entitlement to a bonus may be contingent upon the employee remaining employed (and not serving notice) at the time of the award and not facing any performance or disciplinary issues. However, in instances where no express condition exists, courts have rejected implying such terms.

Employers should be aware that even if they have the discretion to terminate a bonus scheme, they cannot withhold bonuses that employees have already earned and accrued under the scheme as it was at the time. This means that once employees meet the conditions for earning the bonus, they have a right to receive it.

Exercising discretion to award a bonus

Bonuses are typically evaluated based on objective individual and/or business performance criteria. Employers must clearly define the criteria and decision-makers responsible for awarding bonuses at specific levels. Bonuses may come in various forms, including stock options, subject to the scheme's terms. However, caution should be exercised to avoid conditions that could be seen as a restraint of trade or penalty clause, as these might be deemed void due to public policy considerations.

In cases where bonuses are discretionary, employers cannot exercise their discretion arbitrarily or unfairly. The decision-making process must be carried out in good faith, consistently, and in line with the implied duty of trust and confidence. While equality laws do not require identical treatment of employees, employers should be especially cautious not to discriminate based on any protected characteristics. Ensuring fairness and transparency in bonus allocation fosters a positive work environment and reinforces the employer-employee relationship. Employers should be mindful to avoid any discrimination amongst employees based on any protected ground(s):

  • Gender
  • Marital status
  • Family status
  • Age
  • Disability
  • Sexual orientation
  • Race
  • Religion
  • Member of the Traveller community

Employees on leave

Care should be taken regarding employees absent on sick leave during the performance year.

The general principle in relation to maternity leave is that where a bonus comprises payment for work done, an employer is entitled to make a pro rata reduction in the bonus award for an employee’s absence on leave. However in many cases, there is scope for dispute about whether bonuses are in respect of work done. This area can be fraught with risk, and close consideration should be paid to whether a bonus is expressed to relate to company performance only or in combination with individual employee performance.

 

5
Jul 23

Posted by
Charlotte McArdle

Mental Health Adjustments

What are reasonable adjustments for mental health?

Reasonable adjustments are changes an employer makes to remove or reduce a disadvantage related to someone's disability.
Some people might not recognise their mental health condition as a disability, but it's important that employers are aware that it could be. Disability is defined as a mental or physical impairment that has a substantial and long-term adverse effect on a person's ability to carry out day-to-day activities.
Employers must make reasonable adjustments for:

  • workers
  • contractors and self-employed people hired to do the work
  • job applicants

Employers must make reasonable adjustments when:

  • they know, or could reasonably be expected to know, someone is disabled
  • a disabled staff member or job applicant asks for adjustments
  • someone who's disabled is having difficulty with any part of their job
  • someone's absence record, sickness record or delay in returning to work is because of, or linked to, their disability

Employers should try to make reasonable adjustments even if the issue is not a disability. Often, simple changes to a person's working arrangements or responsibilities could be enough to help them stay in work and work well.

Making reasonable adjustments for mental health
Mental health includes our emotional, psychological and social wellbeing. It affects how we think, feel and behave. If an employee has a mental health problem, it's important their employer takes it seriously and with the same care as a physical illness.
Mental health problems can:

  • happen suddenly, because of a specific event in someone's life
  • build up gradually over time
  • be hard to spot because everyone has different signs and signals
  • be hidden because many people find it difficult to talk about their mental health
  • fluctuate over time which means that an employee's ability to cope with the demands of the job might change

When making reasonable adjustments for mental health it's helpful to remember that:

  • every job is different, so what works in one situation might not work in another
  • every employee is different, so what works for one employee might not work for another
  • mental health fluctuates over time, so what works for an employee now might not work in the future

Employers and employees should work together to agree and review reasonable adjustments over time to make sure that the adjustments work well.

Benefits of reasonable adjustments for mental health
Reasonable adjustments for mental health can help employees to stay in work while recovering from or managing a mental health condition. They can also help employees work safely and productively.
Reasonable adjustments for mental health can help employers to:

  • retain employees, reducing recruitment and training costs
  • reduce absence and associated costs
  • make sure that people at work are well, safe and productive
  • create a healthy work culture, building mental health awareness and demonstrating a commitment to good practice


Responding to reasonable adjustments for mental health requests
As an employer, you should work together with your employee to agree reasonable adjustments for mental health.
Everyone's experience of mental health is different, and mental health can fluctuate over time. This means that identifying, agreeing and monitoring reasonable adjustments can take time. It also relies on you and your employees talking openly so that everyone's needs can be met.

 

Preparing for a meeting to discuss reasonable adjustments for mental health
Many people find it hard to talk openly about mental health, especially when they are under pressure.
It can be helpful for you to:

  • look through any organisation policies relating to mental health, absence and reasonable adjustments – the policies should make it clear what is expected of you and your employee
  • think carefully about how confident you feel talking about mental health at work – you might find it useful to learn more about supporting someone with their mental health at work
  • put yourself in your employee's position and think about what is going on for them and what they might need to support their mental health at work

What to think about before responding to a request for reasonable adjustments
You should take time to prepare for a conversation with someone about reasonable adjustments.
It's normal for people who are experiencing mental health problems to be unsure about what they need to manage their mental health. Many people might not feel ready to decide what adjustments to suggest. This is why it's helpful to take a flexible approach, regularly monitoring and reviewing what works, and what does not.


There are several things you can think about which could help with deciding what reasonable adjustments will be possible.

  1. Look through the examples of reasonable adjustments
  2. Think about:
  • what might be possible given the employee's job
  • what might the impact of these adjustments be on their ability to do the job to a satisfactory level
  • what might the impact of these adjustments be to the rest of the team
  • could any risks to performance or others in the team be minimised

      3. Get advice from an occupational health professional
      4. An occupational health professional can give you advice on what adjustments might be suitable.


Have a conversation and agree a plan with your employee
You should meet with your employee to discuss reasonable adjustments and agree a plan.
Before the meeting you should:

  • agree a time and place for the meeting
  • share any policies that are relevant to reasonable adjustments for mental health
  • explain to them the meeting is to help find a solution that will help them to stay well at work
  • explain to them that some things might be possible and some things might not be but you're willing to support them access adjustments that are reasonable

Some people with mental health conditions find it difficult to concentrate or remember things. It can sometimes be helpful for employees to bring a trusted person to take notes on the conversation for them to refer to after the meeting.
The meeting might include:

  • checking in on how they are
  • explaining what the organisation policy is on reasonable adjustments for mental health
  • asking them what reasonable adjustments they would like to explore and why they think these will be helpful to them
  • discussing how the reasonable adjustments could work in practice
  • agreeing the reasonable adjustments to try
  • agreeing a plan to review and monitor the reasonable adjustments
  • sharing what ongoing support is available

After the meeting
After the meeting you should confirm the agreed reasonable adjustments in writing.
Trial and monitor the reasonable adjustments
It's useful to monitor reasonable adjustments once they're in place.
You might sometimes find that reasonable adjustments:

  • take time to work well as new routines are established
  • need to be adapted to work effectively for everyone
  • do not resolve the initial problem and need to be reviewed

Monitor the reasonable adjustments using the approach agreed during the meeting and keep a record of any changes made over time.

Put in place ongoing support and a process to review the reasonable adjustments

Mental health problems can last for a few weeks, months or longer-term. It's important that reasonable adjustments are reviewed on an ongoing basis.
You might find it useful to arrange follow-up meetings to discuss how the work adjustments are working. These meetings might be weekly, monthly or less frequently depending on the situation.

Before the meeting it can be helpful to:

  • agree with your employee when and where the meeting will take place
  • how you and your employee will know if the reasonable adjustment is working or not
  • agree what to do next if the reasonable adjustment is not working

Posted in Health & Safety

15
Jun 23

Posted by
Charlotte McArdle

Following GDPR Guidelines

General Data Protection Regulation (GDPR) is a hot topic right now. GDPR is the toughest privacy and security law in the world. Even though it was drafted and passed by the European Union (EU), it imposes obligations onto organisations anywhere, so long as they target or collect data related to people in the EU. Under GDPR people have a fundamental right of access to their personal data from data controllers.

Types of data processed
In business there are 3 main types of data that is processed regularly. These are:

• Customer data
• Employee data
• CCTV

When dealing with this data the three key principles to remember are:

• Lawfulness
• Fairness
• Transparency

How to treat the data you process

• Purpose limitation
Personal data should only be collected for specific, explicit and legitimate purposes and not further processed in manner that is incompatible with those purposes.

• Data minimisation
Processing of personal data must be adequate, relevant and limited to what is necessary in the relation to the purpose for which they are processed.

• Storage limitation
Personal data should only be kept in a form which permits identification of data subjects for as long as is necessary for the purpose for which the personal data are processed.

• Integrity and confidentiality
Personal data should be processed in a manner that ensures appropriate security and confidentiality of the data, including protection against unauthorised or unlawful access to or use of personal data and the equipment used for the processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

The four main breaches of GDPR are:
• Unauthorised disclosures
• Unauthorised access
• Hacking
• Integrity

GDPR Guidelines
1. Know what data you have, where you have it and why you have it
2. Be transparent
3. Identify any risks
4. Know your processors
5. Manage any risks

Bright Contracts contains a 'Data Protection' section of the Company Handbook which can be viewed under the 'Introduction' tab. Download a trial of our software to see a sample of this content.

Posted in GDPR

8
May 23

Posted by
Charlotte McArdle

Improving Employees Wellbeing at Work

Employee wellbeing is essential to ensure employees are happy in their job. It is the way employees’ duties, expectations, stress levels and working environments affect their overall health and happiness.

Employee wellbeing involves several categories of wellness, such as:

  • Physical Health
  • Emotional Health
  • Psychological Well Being
  • Social Relationships
  • Financial Stability

To check how your employees feel with the wellbeing in the workplace, employers should send out a survey to find out information on how employees currently feel as well as what they think can be done to improve wellbeing.

Some ways in with employers can improve wellbeing is by:

  1. Social club: companies can set up socials clubs where money is deducted from employees pay check and this goes towards activities that the club run on a regular basis such as a bowling night, crazy golf etc.
  2. Walking meetings: if there are meetings ran, allow employees to pop in the headphones and walk and by the time the meeting is over there have got their steps in and some fresh air.
  3. Have an intranet: an intranet is a great place to have free resources or information for employees that can improve their wellbeing. On the intranet you can include information on services your company provides such as EAP, healthcare etc. You can include link to risk assessments on Type 2 Diabetes, lung cancer etc as well as apps for mindfulness such as Headspace or Moodlight.
  4. Giving back to employees: it is important for employees to be recognised for the wonderful work they do. Employees should consider some benefits for this work such as allowing employees to finish early one day.


Employees wellbeing initiatives are something that need to be done all year round in order to keep your employees wellbeing at a high.

For more information on wellbeing check the blog below:

Wellbeing at Work

Posted in Health & Safety

28
Apr 23

Posted by
Charlotte McArdle

Managing Annual Leave Requests

With summer coming along soon, annual leave requests may be more frequent however when does an employee’s time-off become an issue? How should managers handle the discussion? Here’s what you need to know and do.

Firstly there are 3 things to consider.

  • Communication: Establish well-defined policies about annual leave and make sure everyone in your organisation knows them. Clear policies lead to easier decisions when unusual requests arise.
  • Respect: If annual leave policies don’t cover a particular issue, respect your employees by striving to be fair and compassionate in making a decision and presenting it to them.
  • Clarity: Do your employees take it for granted that their annual leave requests will be approved? Make sure their expectations are based on actual policies, not informal beliefs based on past behaviour. Again, communication is essential.

There are also some times when you may need to speak with your employees regarding their requests. Consider talking directly with them under any of these circumstances:

  1. When the request contradicts company policy: You may need to make occasional exceptions to your annual leave policies, but strive to be consistent in how you enforce the rules. Document the reasons behind your decision when exceptions do arise so you can easily resolve similar situations in the future.
  2. When you believe the employee’s absence will have a negative impact: What if a worker wants to go on holiday during a crucial time for your organisation? Instead of simply denying the request, explain the difficulties their absence might cause. Together, you may be able to find a better time for their request.
  3. When an employee wants to much time off at once: How long is too long? That depends on your needs and the nature of the employee’s request. It’s one thing if they want to sail around the world, and another if they’re requesting time to care for a sick relative. As you discuss their request, remember that a lengthy absence can burden co-workers who have to pick up the work.
  4. When an annual leave request comes with too little notice: Sick days and emergencies can happen to anyone, but an employee who takes frequent last-minute personal days and trips can cripple productivity and impact team morale. A discussion about the effects their behaviour is having on the team can help the employee understand why they need to plan further in advance.
  5. When annual leave requests aren’t happening enough: Problematic annual leave requests are easy to spot, but there’s an annual leave issue that’s often over looked - many employees don’t take as much time off as they should. Overworking can take a toll on an employees health and happiness, as well as their job performance. Make a habit of looking at annual leave allowances, and talk to your team about the benefits of taking leave to help foster a culture where time off is encouraged and over-working and burnout is discouraged.

You should ask yourself some questions as well to establish annual leave rules that meet both your business needs and the needs of your employees.

  1. How far in advance must employees request time off?
  2. Do you have a formal system for requesting time off?
  3. Are there times when employees can’t take time off?
  4. How do you handle overlapping requests from different employees?
  5. How do you keep track of who has taken time off and how much?

You can find more information on annual leave requests here.

Posted in Annual Leave, Employee Handbook

21
Apr 23

Posted by
Charlotte McArdle

Unfair Dismissal: Case law example

Resignation does not need to be in writing (although it should be if that is required under the contract of employment), it can be given orally or in some cases via conduct. When a resignation is clear and unambiguous there is no obligation on the employer to double check the employee's intentions. However, if the employees resignation is unclear and an employer proceeds in treating the employment as having ended then there may be trouble ahead.


In Cope v Razzle Dazzle Costumes Limited the claimant was a factory worker. She fell out with a colleague who subsequently resigned, accusing the claimant of bullying. When the claimant was made aware of the allegations she requested a meeting with her employers, Mr and Mrs Parker, and said she would resign if things were not sorted out properly. The following day the claimant made two attempts to speak to Mrs Parker who was unavailable on both occasions. On being told this for the second time the claimant said "I'm done", left her factory keys on the counter top and left the building.


The employee whom the claimant had said this to subsequently advised Mr and Mrs Parker that the claimant had resigned. No attempt was made to clarify the situation, despite the claimant texting Mrs Parker later that day to indicate she had attempted to speak to her but couldn't stay at the workplace any longer. The following day she handed in a two week sick note, and a week after that she requested a meeting with the Parkers which took place. It was at that meeting that the claimant was informed that her employers considered her to have resigned and they did not agree to her returning. By this time the employers had also re-employed the employee who had made the bullying allegations.


The claimant was successful in claims for both unfair and wrongful dismissal. The tribunal was of the view that no reasonable employer would have concluded that the claimant had unambiguously resigned, and her subsequent behaviour, in particular the submission of a sick note, was not consistent with a resignation. The tribunal took the view that the employers chose to treat the claimant's actions as a resignation because dealing with a dispute between two employees was disruptive to the business.


It is easy to see why the tribunal came to the conclusion that it did. While announcing she was "done" and handing in her keys may, in some circumstances, reasonably be seen as a resignation, in this case the claimant was due to have 3 days off and she had in the past handed in her keys when off on holiday. The evidence also suggested that the claimant had been in a highly anxious state when she walked out and the act of obtaining a sick note is clearly not consistent with resignation. Treating it as such, to avoid dealing with the allegations of bullying, may have seemed like the easier option at the time but the award of nearly £7,500 in compensation together with the management time and any legal fees involved in defending the tribunal claim has likely given the employers a different perspective on the matter.


The advice for employers is if in doubt check it out. If it is unclear what has happened, or if words may have been said in haste then ask the employee to confirm what their intentions were/are. If words were said in the heat of the moment then consider giving the employee a short period of time to cool off and reconsider. If the contract requires written notice and this has not been given then ask for the resignation to be put in writing. This will avoid any subsequent dispute and a possible Employment Tribunal claim.

Posted in Dismissals, Employment Contract

18
Apr 23

Posted by
Charlotte McArdle

Lay offs: What you need to know

As unpredictability in the global economy continues, company layoffs remain in the news. While layoffs may be necessary and appropriate, in many cases they cause more damage than benefit. Some leaders taken actions to reduce risks to company performance, reputation and long-term viability. What can we learn from these actions?

1. Be clear in the reason for layoffs

When it comes to lay-offs, some are strategic and forward-looking with higher valuations and others are focused solely on cost cutting. Examples of strategic reasons for lay-off include exiting less profitable sectors, products or markets due to changing customer habits. Businesses who are transparent regarding the reasons for layoffs see an increase in investor, customer and employee trust and engagement.

2. Use layoffs as a last resort

Most organisations that conduct layoffs do not see improved profitability, especially those that are highly reliant on innovation and growth. Leaders often underestimate the negative impact of layoffs on productivity, employee engagement, retention and brand reputation.

Effective leaders know that they should pursue all possible alternatives before embarking on layoffs, including temporary furloughs, redesigning jobs and work models, moving some workers to contractor status and offering more flexible benefits to create cost and operational flexibility.

3. Act fairly

Layoffs historically have had a negative impact on women and underrepresented employees. Recent news stories show the effect of layoffs among employees on maternity and health leave, as well as those in vulnerable positions with visas.

Reasons cited as acceptable for determining who is laid off include factors such as employee performance, tenure, experience and skill set. Effective leaders know that evaluating performance, skills and other factors is difficult and time-consuming, and that maintaining ongoing performance evaluation and review processes can position companies well for both ongoing and unanticipated events.

4. Know the people being laid off

Great leaders spend the time and thought required to understand not only who they are laying off but also why and the potential impact. They conduct workforce planning exercises using data science to understand employee performance, skills, networks and collaboration patterns to safeguard against losing key talent and creating unintended consequences.

5. Take responsibility and show appreciation

Leaders must ensure they take responsibility for layoffs and show appreciation for those impacted. They demonstrate their empathy and compassion through all communications. They understand their audience, allow opportunity for employees to process the information and share their feelings, and provide support and resources.

 

While layoffs are difficult for all involved, effective leaders handle them with care to avoid unravelling company purpose, culture and performance.

 

Posted in Employment Contract, Employment Law

3
Apr 23

Posted by
Charlotte McArdle

Performance Improvement Plans: 3 top tips

Performance Improvement Plans (PIPs) are an increasingly common tool utilised by employers to manage cases of poor work performance. A PIP is not a legal requirement and there is no legal definition of same. A PIP can be understood to be a documented plan which outlines the improvements in performance required from an individual employee and the timeline for achieving these improvements.

Below are three top tips for employers when placing employees on a PIP.

1. Clarity on objectives

The objective of a PIP process is to make the employee aware of the concerns you have regarding their performance and give them a set timeframe in which to improve. It is important that employees are fully aware of the process involved and clear on what they are expected to achieve according to the PIP. When implementing any type of PIP, the goals and targets set should be SMART (Specific, Measurable, Achievable, Realistic and Time Bound).

2. Time to improve

A PIP of reasonable duration should ensure that the employer meets this requirement. This time may also allow the parties the opportunity to explore alternatives to formal disciplinary action such as transfer or demotion where it is apparent that the employee’s skillset is not appropriate to the role.

In deciding on the appropriate timeframe between performance reviews the business should consider the complexity of the role and if the employee will have had ample opportunity to meet the goals as per the PIP. It would also be advised that this timeframe should be agreed with the employee from the outset and that they consider it fair and reasonable based on their role.

3. Support and training

It is important to remember that PIPs only work where the appropriate surrounding structures are in place. These include a proper induction and *ongoing* training, clear role descriptions and clear documented targets/goals, managers who are willing to tackle underperformance and a means of objectively measuring performance. All supports provided should be documented by the employer.

 

Following the above steps will greatly assist an employer in showing that the performance management process conducted by the employer was procedurally fair and that any subsequent terminations on the basis of competency were justified in the circumstances. It is important to note PIPs are not a replacement for formal disciplinary action. Not all employees will show the necessary improvements following the PIP process, if this is the case, employers will need to initiate the Company disciplinary procedure. Employers must manage this process in line with the Company’s disciplinary policy, whilst adhering to the ACAS Code of Practice on Disciplinary and Grievance Procedures.

30
Mar 23

Posted by
Charlotte McArdle

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

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