Hello and welcome to our fifth Employment Law Snippet article. This week we will be looking at employers having pet policies to allow staff to bring dogs into the workplace! Let’s see if this idea causes staff and employers alike to have paws for thought (sorry!) There are various reported advantages of allowing dogs in…
Japan’s Health and Labour Minister Takumi Nemoto has caused a stir this week after publicly defending workplace policies that require women to wear high heels to work. The Minister’s comments argued that such requirements were socially accepted as being both ‘necessary and appropriate’ and were made after a petition was filed against the practice.
The petition, submitted to the labour ministry on Tuesday, raises health and safety concerns regarding the requirement, labelling it sexist and outdated. The minister unfortunately did not sympathise with the plight – equating high heels with a level of femininity which is considered to be a social norm within Japanese culture.
Dubbed the ‘#kutoo’ movement, (stemming from a combination of the Japanese word for shoes ‘kutsu’, ‘kutsuu’ meaning pain, and also a nod to the popularised global ‘#metoo’ movement against sexual abuse), the petition continues to gain traction on the online platform Change.org which at the time of writing had received nearly 30,0000 signatures.
October the 10th marked World Mental Health Day, a time to stop and consider how we can best support those around us who may be struggling. Given the amount of time we collectively spend in the workplace each week, particular thought should be given to the importance of mental health support at work.
There is already
legislation in place providing the requirement for employers to ensure employees receive immediate attention if they are injured or taken ill at work,
but what about helping those suffering with mental illness? If an employee for example has a panic attack or is expressing suicidal thoughts?
The concept of
‘Mental Health First Aid’ originated in Australia where Professor Anthony Jorm, a researcher from the University of Melbourne was discussing with his wife, Betty Kitchener, a registered nurse, a recent mental health conference that he had attended. Within the conversation it was remarked that ‘What we really need is first aid for depression’. The idea has spread rapidly from there – developing
into an internationally recognised programme comprised of simple steps that can be called upon to help a person in distress.
Employees are more connected than ever when it comes to accessing work systems and emails remotely. While advances in technology mean that employees and employers alike can benefit from flexible working arrangements, it also means that it has become increasingly hard for employees to ‘clock out’ at the end of the day. Improved accessibility can therefore be both a blessing and a burden. Employers should be mindful of the impact that being connected beyond the 9 – 5 may have on members of staff and how this may in turn effect the overall productivity of the team and the business.
A report by the Future Work Centre, based in London, found that two of the most stressful habits employees could foster were leaving emails on all day, and checking emails outside working hours – namely early in the morning and late at night. Answering correspondence outside of working hours can lead to clients and customers developing unrealistic expectations of the service that they should receive. The danger is that the bar for an appropriate response time is raised ever higher. Constant engagement with work emails and the associated stress on employees will have a big impact on the productivity of a workforce. Britain is now the second least productive economy in the G7, behind Japan with the most productive being America, Germany and France.
The French government has taken a pro-active approach to increasing the productivity of their nation’s workers by using legislation to achieve a more desirable work/life balance.
Spring is here. Or is that winter? All over the country, people are facing difficulty travelling on account of snow and ice and, here on Merseyside, things are no different.
In fact, this is quickly turning into that time of year when I receive multiple text messages from friends, some more jokey than others, asking if there is a minimum temperature at which they are required to work because their workplace is so cold or, as my favourite text states: ‘so cold as to give a polar bear frostbite!‘
Now, poorly polar bears aside, there isn’t a set temperature at which staff can suddenly declare it to be too cold and go home without recourse. Even if there was, those staff would be highly unlikely to be paid during their absence from office.
Instead, businesses rely on guidance from the Health and Safety Executive (HSE). The HSE recommeds that office-based workers be exposed to temperatures no lower than 16C and any workers whose work requires ‘physical effort’ (i.e. being on your feet and moving arond) are not exposed to temperatures below 13C.
However, be very aware of that word above: ‘guidance‘.
And so this is Christmas… Jingle bells, jingle bells, jingle all the way… Frosty the snowman…
Walk into any shop at the moment and a medley of these little Christmas musical chestnuts will most likely be playing. And what could be more wonderful than being reminded of the joy of Christmas whilst elbowing your fellow Christmas shoppers out of the way to look for some suitably dull socks for Uncle Albert?
Well, unfortunately, some workers have written to Santa to request the banning of Christmas songs in their workplace! Now, that’s a bit extreme but let’s back up a little bit here.
For some years now, various worker unions around the world have protested against Christmas songs being played on loop in shops. Why? Well, at their nicest, unions have (pretty fairly you would imagine) described constantly looped Christmas music as ‘annoying’ and potentially ‘frustrating’ to their workers. However, the most forthright unions have gone so far as to say it ‘risks the mental health’ of workers.
So, what’s the truth? Well, as always, it depends on the circumstances.
You know who’s having a low media presence this year? Santa Claus! I mean, just look at the Christmas adverts this year! Without naming names, the ‘biggest’ Christmas adverts this year involve a monster, a carrot and a toy factory. The only ‘big’ advert that sees the big, red man is one in which Paddington bear mistakes a burglar for Santa!
So, why the low media presence? Where is Santa?
On that front, I may be able to help. You see, Mr Claus is currently having some Employment Law and HR issues with his workforce and has been busy obtaining legal advice on what to do next. It’s a stressful time of year, particularly with less and less people believing in him (there seems to be a rumour going around that he isn’t real) and certain big rival companies in the logistics business setting up in competition (the main one named after a geographical location considerably far away from Lapland).
Put simply, Christmas needs saving and Santa can’t operate without solving his current employment law issues. With this in mind, let’s go on a Christmas journey and help Santa save Christmas!
In Norbrook Laboratories (UK) Ltd v Shaw Mrs Justice Slade DBE sitting in the Employment Appeal Tribunal was asked to consider whether a series of emails, taken together, could be treated as a protected disclosure for the purposes of section 43B(1) of the Employment Rights Act 1996 (whistleblowing protection). Mr Shaw claimed automatic unfair dismissal…
Just a reminder – two repeals effected by the Enterprise and Regulatory Reform Act 2013 came into force at the beginning this month. These are: – The removal of the provisions of the Equality Act 2010 relating to employers’ liability for third party harassment: and – Changes to civil liability for employers who breach health…
On the one hand, the Health and Safety Executive is becoming increasingly sensitive to suggestions that the way in which it enforces health and safety rules is excessively pernickety and can lead to red tape stifling initiative and supplanting common sense. It is currently conducting a high level campaign to bring proportionality into centre stage.…