How Do You Manage Employee Probation Periods? Part One

By setting a probationary period, as an employer, you can let newly recruited employees know that their performance will be under continuous review during the first weeks and months of employment. It also lets them know that their continued employment is subject to them completing the probationary period. This can help you to manage the employee’s expectations and their relationship with you, as their employer.

Length of Probationary Period

The length of a probationary period will depend on the position and your requirements. A role requiring a high degree of skill and responsibility is likely to need a longer probationary period than one with limited skills or responsibility. Probationary periods are typically between three and six months.

You should set out in writing to your employee that the position is subject to satisfactory completion of a probationary period. You should also specify the length of the probationary period, how progress will be monitored and reviewed and that the probationary period may be extended.

It is important for you to set out employees’ roles and responsibilities at the outset and to go through a comprehensive induction process.

It is advisable for you to hold frequent review meetings or one-to-ones with your new employees to provide progress updates, encouragement and support and to identify training needs. If performance issues are identified during the probationary period, you should consider whether or not extra training or coaching would be appropriate, rather than leaving it to the end of the probationary period before addressing performance issues.

Statutory Employment Rights

Probationary periods have no legal status and an employee who is on probation has the same statutory employment rights as other employees. It is the length of continuous service that defines an employee’s statutory employment rights, including his or her rights in the event of dismissal.

Probationers are entitled to:

  • the national minimum wage
  • statutory sick pay
  • rights under the Working Time Regulations
  • annual leave entitlement
  • family-related rights in the same way as other staff.

Dealing with Disciplinary Issues

Employers often don’t apply their formal disciplinary procedure to employees on probation. To avoid ambiguity, where you do not want to follow your full procedure, you should make clear, in writing, in the contract and/or disciplinary procedure, that there is no contractual obligation for you to do so.

As probationers do not normally have sufficient service to claim unfair dismissal, they cannot challenge the procedural fairness of a dismissal in the employment tribunal.

However, a probationer could claim that a dismissal was for an automatically unfair reason or for reasons that amount to unlawful discrimination. Therefore, where an employee on probation is suspected of misconduct, you should investigate further before taking action. If you prejudge the situation and dismiss the employee without going through your disciplinary process and giving the employee the opportunity to explain his or her version of events, this could increase the risk of a claim of unlawful discrimination or automatically unfair dismissal. You will be in a better position to argue that the reason for dismissal was the employee’s misconduct if you investigated the matter and can show reasons behind its decision to dismiss.

Extending the Probationary Period

Where an employee has not reached the required standard of performance by the end of the probationary period but you recognise that there is potential for improvement, you might choose to extend the probationary period. The right for an employer to extend the probationary period should be set out in the contract or offer letter, which should also make clear the terms and conditions that will apply during the extension period.

The extension should be for a reasonable period, taking into account how long it might take him or her to complete an improvement plan. You should discuss your employee’s performance and why you are extending the probationary period with him or her and allow the employee to put forward any explanation for the performance issues.

The extension should be agreed and arranged before the original probationary period ends.

Sickness Absence

Sickness absence during a probationary period will need to be monitored and managed in the usual way. Where the absence is frequent and/or long term, this may make it difficult for you to assess the employee’s performance during the course of the probationary period because of their reduced attendance.

You will need to consider whether to: terminate the contract due to the employee’s failure to complete the probationary period satisfactorily; extend the probationary period to give the employee more time to demonstrate his or her suitability for the job; or confirm the employee in post regardless of the absence.

You should investigate the sickness absence to find out if it is due to a disability under the Equality Act 2010. If it is, but you dismiss the employee for failing to complete the probationary period satisfactorily, they may have grounds to bring a disability discrimination claim. You would need to be able to justify your actions.

In part two of this series of blogs, we’ll look at what to do if all goes well through the probation period and you decide to keep your new employee on. If you need any advice now about how to handle probation periods, get in touch by emailing sueferguson@optionshr.co.uk or calling me on 0118 940 3032.

How Do You Handle Employee Suspension? Part One – Practice and Principles

In cases of alleged misconduct by one of your employees, in order to ensure that any dismissal is fair, you should investigate the matter to determine whether or not disciplinary action is necessary. The fairness of the dismissal depends on whether or not there is a fair reason for dismissal and, in the circumstances, whether or not you, as the employer, acted reasonably in treating it as a sufficient reason for dismissal. How you investigate the matter will be relevant to whether or not you acted reasonably.

In some cases, it may be appropriate for you to suspend an employee from work pending the completion of the investigation. However, given the serious implications of suspension for an employee, including for his or her morale and professional reputation, you must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.

The Acas code of Practice

The Acas code of practice on disciplinary and grievance procedures provides practical guidance on dealing with disciplinary and grievance issues in the workplace. The code states that employers should pay a suspended employee during the period of suspension, keep the suspension as brief as possible and keep the suspension under review. You should make clear that the suspension is not disciplinary action in itself.

The non-statutory guidance that accompanies the code says that suspension may be necessary, for example:

  • where relationships have broken down
  • in cases of gross misconduct
  • where there is a risk to an employee or company property, or responsibilities to other parties, or
  • in exceptional cases, where there are reasonable grounds to suspect that evidence has been tampered with or destroyed, or witnesses pressurised.

General Principles

While it is preferable for you to have a contractual right to suspend an employee, where the circumstances justify it, you can still suspend without one. You should ensure that the employee suffers no detriment as a result of its decision to suspend, and as such, the employee should be fully paid and benefit from the same terms and conditions of employment throughout the suspension.

If the contract of employment contains a procedure that applies to the suspension of an employee, you should ensure that you comply with it, as a failure to do so may enable the employee to claim breach of contract, and/or to resign and claim constructive unfair dismissal.

As an employer, you should not suspend an employee without just cause. It is not appropriate to suspend simply because investigative enquiries are being made, where the particular circumstances don’t require it. If it is necessary to remove the employee from, for example, contact with particular colleagues or clients, you should consider if suspension can be avoided by using a less drastic measure, for example a temporary change to the employee’s duties or department.

Where the circumstances of a case justify suspension, you should advise the employee of the reason for the suspension, how long it is likely to last, and that it is a neutral act that does not indicate guilt. You should make clear to the employee that the suspension is not disciplinary action in itself, and that disciplinary action will not necessarily follow.

You should also aim to keep the suspension and the reason for it confidential, so as not to cause damage to the employee’s reputation, particularly as the investigation will not necessarily result in disciplinary action. Where it is necessary to explain the employee’s absence, you may consider discussing with the employee how he or she would like this to be communicated to clients and colleagues; this may be appropriate particularly if the employee holds a senior position. Where the employee’s colleagues are aware of the suspension and/or the disciplinary issue, for example if they are witnesses or involved in the investigatory process, you should explain that the suspension is a precautionary measure while the matter is being investigated, and that it will not necessarily result in disciplinary action. Employees should be encouraged to treat the matter as confidential. You may wish to provide managers with a statement confirming how to respond to queries relating to the suspended employee’s absence, to ensure that a consistent message is communicated.

Think that you might need to suspend one of your employees? Call me first, before you do anything! We can discuss the situation in complete confidence, to help you make the best decision. Call me now on 0118 940 3032.

Six Common Summer Employment Issues

With high temperatures possible during the summer months, in this blog we’ll look at some employment law scenarios that you may have to deal with, as an employer.

Maximum office temperatures – The Workplace (Health, Safety and Welfare) Regulations 1992 state that the temperature in the workplace needs to be “reasonable”. However, there is no maximum temperature. What is reasonable will depend on the nature of your workplace and the work being carried out by your employees. Factors such as whether or not the work is strenuous or physical will need to be taken into account.

Unauthorised time off – If a holiday request is refused but your employee goes ahead and takes the time off anyway, it’s important not to jump to conclusions. You should carry out an investigation to establish whether or not the absence was for genuine reasons. If, however, there is no credible explanation from the employee, it may become a disciplinary issue and your disciplinary process will need to be followed.

Summer dress codes – It may be reasonable for you to adopt a more relaxed dress code during the summer months. However, the extent to which your employees may be allowed to dress down when the temperature rises will in part depend on the role he or she performs.

In the case of customer-facing roles, certain standards of presentation may need to be maintained. For health and safety reasons, it may be necessary for employees to continue to wear protective clothing, irrespective of summer heat.

One way or the other, you should ensure that the dress code is reasonable, appropriate to the needs of your particular business and does not discriminate between groups of employees.

Competing summer holiday requests – Under the Working Time Regulations 1998, you are not obliged to agree to an employee’s request to take holiday at a particular time, unless the employment contract provides otherwise.

If competing requests for holiday are received from different members of staff, your managers may prioritise requests, provided that they do this in a way which is fair and consistent, for example on a first-come, first-served basis.

To avoid the short periods of notice for requests and refusals, it makes sense for your business to have its own holiday policy in which you can set out your own notice provisions and other arrangements relating to holiday.

Late return from summer holiday – Issues may also arise in the case of an employee who returns late from his or her summer holiday. In the first instance, you should allow the employee the opportunity to provide an explanation. Supporting evidence, for example a medical certificate in the case of ill health, should be requested.

However, if the explanation does not appear genuine, you will need to consider following your disciplinary policy.

Summer work experience – The school summer holidays are typically a time when employers offer school-age children the opportunity to carry out work experience. You do not have to pay a child of compulsory school age while on work experience. However, all other rules and restrictions on employing young people will apply, and relevant approvals from the local authority or school governing body will need to be obtained.

Is your business ready for more heat this summer? If you need any advice regarding working conditions for your employees over the summer, just get in touch. You can call 0118 940 3032 or email me at sueferguson@optionshr.co.uk.

Source: XpertHR

Performance Management – How Do You Get The Best From Your Team?

In May 2017 I ran a webinar where we talked about performance management and what you can do to get the best from your team. We covered the success factors of performance management and what effective performance management requires. We discussed the differences between formal and informal performance management and the day-to-day issues that need to be covered. We also looked at Personal Development Plans and how you can use them to get the best from your employees. There was a lot to get through, so I thought I would share more tips here.

Performance management is fundamental to the effectiveness of your organisation, dependent as it is on your people for the goods and services that you provide. Each person can make a difference. Collectively, a workforce that performs at high levels can help your organisation to survive and prosper in a competitive marketplace.

What is Performance Management?

Performance management consists of two parallel processes:

  • the informal, day-to-day management of individuals and teams by their immediate line manager and
  • the formal framework within which the performance of individuals and teams is assessed and improved.

The two processes are mutually supportive and depend on the same factors for success. They involve:

  • monitoring individual or team performance against accepted benchmarks or standards
  • feedback on performance – both praise (positive reinforcement) and feedback highlighting unsatisfactory performance
  • ensuring that negative feedback is delivered in an objective manner and is accompanied by an explanation of why the performance is unsatisfactory, affording an opportunity for the employee to provide an explanation as well as the means to improve in the future
  • coaching, training or other support to address poor performance
  • follow-up monitoring to check that the performance has improved, with the improvements reinforced with positive feedback
  • the option to progress to formal procedures, such as the disciplinary or capability procedures if poor performance continues and represents serious cause for concern.

Effective Performance Management

Effective performance management depends on the quality of the supervisory and people management skills of those responsible for managing your company’s workforce. It requires capable, motivated managers to put the parallel informal and formal performance management processes into effect. It requires the business to have simple but effective formal performance management procedures for your managers to use. Effective Performance Management also needs effective recruitment processes that result in suitable individuals being recruited to people management roles.

In addition, your business needs good induction, and training and development systems that give individuals the skills, knowledge and experience to manage performance effectively. Incentives – psychological rewards, tangible rewards or both – to encourage the workforce to take performance management seriously must be considered. And finally, your company needs formal structures that allow it to make sure that both managers and their reports are observing the performance management policy.

As you can see, improving the performance of your people first requires effective management of that performance, with the processes and procedures to support it. Start by putting the necessary processes and procedures in place and you will be able to effectively improve the performance of your teams.

Listen to the Webinar

If you missed the webinar that I ran on 31 May 2017 and you would like to listen to it, you can hear it here. If you joined us on the webinar, you can also listen again, in case you missed anything.

When you click the link, you’ll need to register by putting your contact details into the form on the page and then you’ll be able to download the webinar and listen to it as many times as you like.

How to Deal with an Employee’s Difficult Attitude

Sometimes, as a Manager, you might have to deliver some bad news to one of your employees. You may have to tell someone that their job is redundant, or discuss some poor performance or unacceptable behaviour. The topic under discussion may be a sensitive issue. Some employees could react negatively, by becoming upset, angry or verbally abusive. There are several things that you can do, as their manager, to ensure that the meeting remains productive.

Remain calm. It is your responsibility to achieve a successful outcome to the meeting and this can be done only if you remain calm and refrain from bringing your own feelings into play.

Let the employee ‘vent’. It is important that the employee calms down. However, allowing the employee some time to vent his or her anger or frustration, gives them space and a feeling of being listened to. They may also reveal information that may help in finding a resolution to the problem.

Remember the reason for the meeting. It is easy for the employee to veer into other topics if he or she feels uncomfortable, or is looking for excuses for his or her behaviour. To get back on track, you should remind them of the reason for the meeting and the ideal outcome.

Remember that the issue needs to be dealt with. When faced with a difficult attitude, you might be tempted to postpone the meeting in the hope that the employee will calm down. However, this can make both parties lose sight of the issue. Don’t postpone the meeting simply because the employee is not being receptive.

Inform the employee that his or her attitude does not assist the organisation as a whole. If the issue being discussed is the employee’s misconduct, you could explain to the employee that his or her difficult attitude in the meeting mirrors his or her behaviour in the workplace. This may help the employee to reflect on his or her behaviour and calm down.

Following the Meeting

After the conversation, you should keep the momentum going. Achieving a successful outcome is an ongoing, building process. Failing to keep on top of the issue may undo all the good work and may leave you having to deal with the issue from the beginning. To ensure momentum is not lost, there are several things that you can do:

  • Make sure that the employee feels supported. If the employee knows that a manager is there to support and help him or her, this will be invaluable in achieving a successful outcome to the conversation.
  • Have regular informal chats with the individual and less regular formal discussions, including a further meeting to review the outcomes or first step.
  • Ensure that what was said and agreed in the meeting is well documented. Both parties should agree that the contents of the document reflect what was agreed and thereafter refer to it if there is confusion or disagreement.
  • Monitor how the agreed actions are being implemented by the employee.
  • Comply with your obligations as to follow-up, for example providing agreed training.

Dealing with a difficult attitude or an angry or upset employee is not something that you have to handle every day, as a manager. However, if you’re prepared, if and when the situation does arrive, you’ll be in a better position to handle it. If you have a difficult conversation to have with a client and you’d like some help getting the best outcome for everyone, call me on 0118 940 3032 or email sueferguson@optionshr.co.uk and I can give you some advice and pointers.

Handling Difficult Conversations – Part Two

In a previous blog post we wrote about the first couple of steps that you can take, when preparing to handle a difficult conversation with a member of your staff. Here are the next steps for you to follow.

3. Listening

Taking the time to listen will also help you to gather useful information about the issue. You should prepare questions but must let the employee explain or react in his or her own time.

Dos and don’ts

  • Do ask for the individual’s view, as this could help to find an appropriate solution to the issue
  • Do use open questions such as “what is your view on that?”
  • Do listen to and acknowledge the employee’s point of view
  • Do appreciate the value of silence. This allows the individual time to gather his or her thoughts
  • Do ask if you have not understood what has been said
  • Do summarise the main points of what the employee has said. This is useful as it shows that you have listened, helps to consolidate your thoughts and helps you to decide where the conversation should go next
  • Do check that the employee has understood what you have said
  • Don’t jump in while the individual is speaking
  • Don’t answer questions that you have put to the employee to answer
  • Don’t ask multiple questions as this can come across as intimidating and prevent the employee from giving a useful answer.

4. Explore the Issues

During the conversation, you and your employee should explore the issue together. If you explore the issue as a whole, including the reasons why it arose, this will increase the chances that the conversation will be successful. Exploring the issue could also help you to find out more about the individual, the team and the organisation.

The issue can be explored in a number of ways:

You can use probing questions to understand or clarify what the employee has said, for example “tell me more about that.”

You might ask rather than tell. You could ask the employee what he or she sees as the ideal outcome of the conversation and how this might be achieved, as well as how others might respond to this.

You can discuss the pros and cons of the different options with the employee.

5. Agree Action

Having ascertained the ideal outcome of the conversation, you and your employee need to agree how it can be achieved.

You need to agree the way forward together. This encourages joint ownership of the issue, which helps the employee to treat it seriously and take responsibility for resolving it.

Brainstorming will help the employee feel involved and is an easy way of comparing the positives and negatives of different solutions.

If the issue requires action, you should both agree a deadline. Scheduling a date by which the action must be completed helps to focus minds. This could be coupled with the date for the next meeting to review the situation.

If the employee needs to improve, you should both agree how development or progress will be measured.

The employee may need support from you to resolve the issue and you need to take this into account.

Once it has been agreed what the employee is going to do, you should ask them to summarise this, which ensures that they have fully understood what is required and by when.

You should end the meeting by explaining that you want the individual to succeed.

When you have a difficult conversation to handle with an employee, don’t put it off. Spend time preparing for it and you will be able to get the best outcome for both you and you member of staff.

Handling Difficult Conversations – Part One

Difficult conversations with employees are part of a line manager’s role.

Any conversation that you would rather not have can result in you expecting it to be a difficult one. However, issues need to be dealt with before they escalate into more serious problems, so in this series of blogs we’ll look at how best to handle them.

Issues that managers find difficult to raise with employees include:

  • delivering bad news, such as confirmation that an employee is being dismissed
  • providing feedback on performance
  • raising an issue of misconduct
  • raising the issue of an employee’s personal hygiene
  • addressing a conflict between colleagues
  • acknowledging that the line manager was wrong and the employee was right.

What happens if you ignore the issue?

Failing to have a conversation to address the issue could have a number of potentially serious consequences:

  • The issue may interfere with your own work
  • If an issue of poor performance or misconduct is left unchecked, the employee may think that the situation is acceptable
  • Failing to address issues of poor performance or misconduct will make it more difficult for you to impose a disciplinary sanction at a later date
  • If left unresolved the issue may cause productivity problems for the individual, the team and the organisation
  • If the issue that needs to be addressed is the employee’s failure to pull his or her weight, failing to address it may cause problems with the employee’s colleagues who may have to pick up the individual’s slack
  • A loss of respect for you as a manager and the organisation as a whole can develop.

Once you have decided to address the issue by having a conversation with the individual, you should conduct it in an appropriate manner so that both parties use the situation to maximum benefit. There are five key areas that you should consider.

1. Preparation

Effective preparation for the meeting will help you get across what you want to say without losing sight of the objective. There are several strands to effective preparation:

  • Investigate the issue before the meeting to be able to provide evidence
  • Decide what the ideal outcome of the conversation would be
  • Think carefully about the differences between your character and that of your employee. You could adapt your style of doing things to assist with understanding and acceptance of the message by your employee.
  • Think about your frame of mind before having the conversation
  • Concentrate on the issue rather than the individual

You should prepare any materials that may be needed for the meeting, including extra copies of documents for the employee. You can also practise what you are going to say, particularly any opening statement or questions.

A difficult conversation should always be conducted in private so that neither the line manager nor the employee is embarrassed and so that you both feel that they can speak freely. You should allow sufficient time to enable proper discussion.

2. Communication

It is important for you to communicate the issue clearly, so that there are no misunderstandings. You must also put the message across in a way that is constructive, even though the information may seem negative.

Set the right tone: begin the conversation in a professional manner as this will encourage a professional attitude throughout the meeting and help to achieve a successful outcome.

State the issues clearly: To avoid misunderstanding, state clearly what the issue is. Praise or positive comments can be useful, but you should not let this cloud the message that you need to impart.

Put the issue in context: Demonstrate why the issue is important.

Give specific examples and evidence: If the message that needs to be imparted is that the employee has been refused a request for flexible working, it helps if you can give specific examples of why the request cannot be accommodated.

Focus on the issue, not the person: Avoid expressing your opinion about the employee. This can be done by sticking to the facts and avoiding generalisations and comments on the individual’s personality.

Avoid an attitude of blame: The issue needs to be addressed in a collaborative way. Managers should not approach a conversation with an attitude of ‘line manager versus the employee, but with an attitude of ‘both versus the problem’.

Avoid belittling the issue: Your own fear of a difficult conversation could lead you to belittle the issue. Avoid phrases such as “this won’t take long”, “it’s really not a big deal” and “I’m sure you’re aware of what I’ll be saying”.

Be positive: Managers should be bold and state that they want a successful outcome to the meeting. This will give a constructive tone and feel to the conversation even if the news seems bad. It also helps if you use positive words, such as “improvement” and “achievement”, rather than negative words, such as “failure” and “weakness”.

Body language: Be aware of your own body language so that it does not alienate the employee. Your attitude will usually be replicated by the employee.

There is a lot more to getting through difficult conversations with employees, including listening, exploring the issue and agreeing the next action, which we’ll cover in the next blog in this series.

If you need some help now with handling difficult conversations, contact us now and we can provide you with some free, impartial advice, to help you get started. Call us on 0118 940 3032 or click here to email me.

Source: Xperthr

Are You Ready for the Next Employment Law Changes in April 2017?

Reserve your place on our next workshop here.

What are the next changes that will be made to Employment Law and how will they affect your business and your staff?

On 30 March 2017 we will hold the next of our regular Employment Law Update workshops. We do this twice a year, when the changes are approaching, so the next one will be in October 2017.  If you’re a business owner or manager it’s important you understand how they affect you and your employees.

This workshop is your chance to ask your questions in a confidential, friendly session, which is always attended by people who, like you, are looking for ways to keep up to date. Share your issues and hear how other people deal with the issues you have to deal with in your business.

The workshop will be held at Hennerton Golf Club in Wargrave, Berkshire, at 9.30am for a 10am start, finishing at 1pm. The cost is just £20 +VAT and includes plenty of tea and coffee! Online booking is available now.

Someone who attended a previous workshop said:

“I thought the workshop would be full of other HR people who knew more than me – but it wasn’t like that at all. I learnt a great deal from the Employment Law update and it was really useful talking to other people to hear how they dealt with similar issues to me.”

Book your place online now and we look forward to seeing you on 30 March.

The Difficult Issue of Dealing with Personal Hygiene Issues at Work

Dealing effectively with an employee who has a personal hygiene problem is one of the most difficult and sensitive situations that you’re likely to face, as a manager. The problem may be one of body odour, dirty or stale-smelling clothing, dirty hair or bad breath.

It is advisable not to ignore a problem of this nature as, the longer the matter is allowed to continue unresolved, the more difficult it will be to raise the issue with the employee. Unless the issue is raised with the employee, it is likely that the problem will continue and other employees may become hostile towards the problem employee and disillusioned by management’s lack of willingness to tackle the problem.

Whether a problem of this nature is brought to your attention informally by one or more of your employee’s colleagues, as a result of a formal complaint, as a result of comments overheard by chance, or by evidence that colleagues are avoiding the person, the issue needs to be tackled promptly and firmly.

Open communication

The only effective method of dealing with a problem of lack of personal hygiene is through honest, open, two-way communication with the employee in question. Plain language should be used to explain the problem. Dropping hints, for example making comments about bad smells, putting a bar of soap in the employee’s desk drawer or leaving a stick of deodorant in a prominent place, is unlikely to work, and may create further problems such as ill-feeling or upset.

It will be important for you to bear in mind that a problem of body odour or bad breath may be rooted in the employee’s health and may not always be due to a lack of personal hygiene. You therefore need to have an open mind and be careful not to be seen to accuse the employee of poor personal standards.

Discussion guidelines

To handle the matter, you should arrange to talk to your employee privately, bearing in mind that an interview of this nature is likely to be difficult and possibly embarrassing for the employee. You will therefore need to be sensitive, understanding and patient during the interview. Clearly, discussions with the employee should be held privately and kept confidential, and it will be important for the employee to be reassured that this is the case.

You should specify the problem factually and in plain language. For example, you might say: “I have noticed sometimes that you have quite a strong body odour and I feel that this is something that needs to be addressed” or “I have noticed on occasions that the clothing you wear to work has a stale smell and I feel that this is something that needs to be addressed.”

Depending on the response you get, you might ask your employee if he or she is aware of any reason for the problem, for example an underlying medical cause. If this is the case, you should not ask intrusive questions into the employee’s state of health, but move on to discuss what can be done to resolve the matter.

Make sure that you reassure the employee that the aim of the discussion is to help and encourage him or her to recognise and solve a problem. Do not tell the employee that other people have commented on the problem (even if they have), as this is likely to cause unnecessary embarrassment.

Action agreement

Having pointed out the problem and allowed the employee adequate time and opportunity to respond, you need to ask your employee what solution he or she thinks would be feasible. Depending on what explanation they give (if any), the solution may be one of the following:

  • See his or her own doctor to explain that the problem has been highlighted at work and ask for (further) medical intervention
  • Agree to be seen by a company-nominated doctor at the employer’s expense to discuss the matter and seek a solution
  • Undertake to bathe more frequently and/or to wash his or her hair more frequently and/or to launder his or her clothes more frequently
  • Undertake to brush his or her teeth and/or use a mouthwash more frequently.

If the problem is one of lack of personal hygiene, you should inform the employee clearly and firmly that an improvement is required so as to avoid further difficulties. This should, however, be put across to the employee in a supportive way, and not in a manner that implies criticism or threat. However, do not be afraid to stress the importance of improvement. You may be able to justify a requirement for improvement along the lines of “providing an acceptable working environment for all, given the close proximity in which colleagues have to work” or “creating a positive image on the part of the organisation when dealing with the public”. Do what you can to secure the employee’s agreed commitment to change and set a date for a review, perhaps in a month’s time.

Dealing with a personal hygiene problem in the workplace is certainly no easy matter, but the employee may, in the longer term, benefit from the sort of frank feedback that will be necessary in such a situation.

If you have a problem such as this at work and you’re still not sure how to handle it, call us for a confidential chat and we’ll help you through it. Call me now on 0118 940 3032 or click here to email me.

Source: XpertHR

How Do You Deal with Harassment at Work?

Harassment can be physical, verbal or non-verbal and a wide range of different types of behaviour at work may potentially be perceived as harassment. This blog gives some examples of behaviour that could be perceived as harassment.

Sex-related harassment:

  • Telling jokes about women
  • Making derogatory sexist remarks
  • The display of sexually explicit material on computer screens or in calendars
  • Leering at a woman in a manner that is overtly sexual
  • Physically touching someone in a sexual manner where such conduct is not welcome
  • Remarks, banter or jokes of a sexual nature
  • Making sexual suggestions or persisting with sexual advances after it has been made clear that such approaches are unwelcome.

Racial harassment:

  • Calling someone a nickname linked to his or her skin colour or nationality
  • Remarks, banter or jokes about people from different racial backgrounds.

Disability harassment:

  • Using insulting terminology when referring to a disabled colleague
  • Excessive staring, for example at someone with a facial disfigurement
  • Mimicking a disabled colleague’s mannerisms or speech.

Religious harassment:

  • Remarks, banter or jokes about particular religious beliefs or religious practices
  • Derogatory remarks made about a particular item of clothing or jewellery worn by someone as a symbol of his or her religion.

Sexual orientation harassment:

  • Deliberate isolation of someone on grounds of his or her sexuality or perceived sexuality
  • Deliberately behaving in an effeminate manner in the presence of someone who is gay
  • Calling someone a nickname based on his or her sexuality or perceived sexuality.

Age harassment:

  • Banter and jokes that make fun of older people or demean their abilities
  • Calling someone a name linked to his or her age
  • Ignoring someone, or treating his or her views as worthless, just because he or she is younger or older than other employees.

Guarding against offensive jokes, banter and remarks

General banter linked to sex, race, religion, sexual orientation or age is the most common form of harassment in employment. You should make sure that you properly brief all your staff as to the types of conduct and speech that might cause offence to others and make it clear that such behaviour will be unacceptable.

If you’re concerned about harassment within your company – and you need someone to speak to about it, call me now on 0118 940 3032 or click here to email me.