INSIDER JUNE 2018

INSIDER JUNE 2018

June 2018

NORTHERN FAIL What can employers do during rai l disruption? WORKPLACE DRESS CODE Government issues guidance for employers

YOUTH VS EXPERIENCE Recruiting the right team

WORKPLACE DRESS CODE Last year a Parliamentary committee recommended a change in the law regarding dress codes in the workplace, following a spate of reports that revealed archaic practices including some organisations requiring women to wear high heels and make up. The law has not changed but last month the Government Equalities Office has issued guidance for employers on the issue warning of the risk of sex discrimination and providing examples of what might constitute discriminatory codes. Emma O’Leary is an employment law consultant for the ELAS Group. She says: “In theory the law was there all along – the Equality Act 2017 prohibits discrimination and we have applied that to dress codes. The guidance published today clarifies this and reinforces the law but does suggest that gender specific requirements, such as high heels and make up, are best avoided. “Dress codes must be reasonable, proportionate and applied equally to men and women doing a similar role. Such policies should also be balanced with other considerations such as health and safety, not just in the workplace but also for the person wearing the item of clothing.  You wouldn’t expect someone to wear a tie around fast moving dangerous machines.

Equally, forcing someone with a disability to wear high heels might exasperate conditions surrounding their disability (in addition to being potentially discriminatory). The new guidance reminds employers that reasonable adjustments are required for disabled employees, and that might include not applying certain requirements of the dress code. “The guidance also sets out that employers should be considerate of transgender employees who must be permitted to follow the dress code according to the gender with which they identity. "Clarity is given when it comes to footwear, in that dress codes can require employees to wear smart shoes, and this would be lawful, but requiring high heels specifically with no reciprocal footwear requirements for men is likely to constitute direct discrimination. “Interestingly, but certainly timely, is the example of an employer who requires male and female staff to dress provocatively. Whilst this is unlikely to be discriminatory as it’s applied equally to men and women, it could lead to a workplace that is more likely to expose the employees to risk of sexual harassment (both male and female). This is important and a risk that no doubt many business would overlook or dismiss. Employers have a duty of care to provide a safe working environment for their employees and demonstrate that they have taken all reasonable steps to prevent discrimination or harassment from occurring. It would be very difficult for an employer to argue they have discharged that duty if they require their staff to wear clothing that is actively intended to tantalize customers. “In my view this issue will continue to attract attention and demand for change, and hold employers accountable.”

WHAT CAN EMPLOYERS DO DURING RAIL DISRUPTION

Lilian Greenwood, MP, who chairs the Committee, said: “Passengers continue to suffer from terrible disruption to their train services, particularly on Northern and GTR services. My Committee is launching an inquiry into the May 201 timetable change; we will begin by questioning Northern, GTR and Network Rail but plan to take further evidence, including from the Department for Transport, so that we properly understand why the introduction of the new timetable has gone so badly wrong, what is being done to put it right and the steps needed to prevent this happening again. The Secretary of State has said there have been ‘major failings’ – we want to unpick this mess and understand how it can be prevented from occurring in December, when another timetable change is due.” The Transport Committee has announced an inquiry into the ongoing rail disruption that’s happened since the introduction of new timetables in May. With thousands of cancellations having happened over the last three weeks, and Northern Rail announcing that six per cent of services would be axed every day until the end of July, the chaos is having a heavy impact on commuters. Wigan MP Lisa Nandy told the Manchester Evening News that one of her constituents is on a final warning at work while Rebecca Long-Bailey, MP for Salford and Eccles, said: “When affected passengers are getting worried about their jobs because of this, it’s time to say enough is enough.”

What can employers do to help those employees who are affected? ELAS employment law consultant Joanne Wells explains: “If employees are arriving late for work as a result of the disruption caused by the introduction of new rail timetables then these are circumstances beyond their control, which may call for more leniency on absence and lateness than usual. “It’s important to investigate the employee’s reasons for non-attendance or lateness and ensure that all employees are treated consistently, to avoid the risk of discrimination claims. “Of course, if an employer has good grounds for believing that an employee is abusing the situation or not being truthful about the efforts they are making to get to work, then it may be appropriate to follow your disciplinary procedures.

“Employers may also want to consider offering flexible ways of working that will help their staff during this time. This may be making a temporary adjustment in employees’ hours, allowing them to arrive later or leaver earlier, or you may consider allowing affected employees to work from home. employees in order to find a suitable, mutual solution. Knowing which employees are affected by the rail disruption not only allows you to be more lenient when it comes to their lateness, it also will go some way towards allaying any fears they may have of losing their jobs as a result. This demonstrates that you, the employer, are sympathetic to your employees' issues which, in turn, is usually rewarded with loyalty and high performance.” “The key thing in a situation like this is to ensure that you have open dialogue with your

YOUTH VS EXPERIENCE With the World Cup just three weeks away, pundits and fans alike are starting to speculate about England’s chances. Manager Gareth Southgate has named his 23- man squad giving call-ups to several young players, including the previously uncapped Trent Alexander-Arnold. Southgate says: “I believe this is a squad which we can be excited about. It is a young group, but with some really important senior players so I feel the balance of the squad is good, both in terms of its experience, its character and also the positional balance.” With the hopes of a nation riding on the team’s shoulders, this begs the question: When it comes to recruitment and team building, is it better to take a chance on enthusiasm or play things safe by relying on experience? The ELAS Group’s HR Director Pam Rogerson explains:

“Making the right decisions when recruiting is crucial when it comes to putting together a high performing team. If employees do not gel and work well together then problems can arise, such as poor organisation, missed deadlines and conflict within the workplace. No matter how talented an individual is, if they can’t work as part of your team then their performance – and that of the entire team - will suffer “As HR Director, one of the things I look for when recruiting is someone with enthusiasm, who’s able to give strong examples of their past team work. One thing that’s always a good indicator of attitude is whether an applicant speaks in terms of “I” or “we” when talking about their experiences.

A good communicator can establish where they have contributed to a team or put the team’s interests and performance above their own individual glory. Compassion for others, ability to change, when necessary, and empathy to see others’ viewpoints are all good indicators as to whether an applicant will be a good team player. You can also use targeted questions or competency testing to establish whether someone is better working in a team or on their own. “Youth and experience aren’t necessarily on opposing sides of the scale. You can be young and experienced to the level required for the role, similarly age does not necessarily mean that their experience is good for a particular role. Some positions legally require certain qualifications – and I would say that playing for the England team in a World Cup requires a certain level of skill. Experience alone does not suffice; if something isn’t working and you’re not getting the results that you’re looking for then it’s time to shake things up.

“The England team has been criticised in past tournaments for not playing to their full potential and it looks as if Southgate has decided it’s time for a change. In business, as in football, this would not be a decision that would have been taken lightly and each person would have been looked at on their own merits. “Personally I like to give the right person a chance to demonstrate that they can learn and grown into a role. Hiring a less experienced candidate gives a manager the opportunity to teach and mould the candidate into their company’s requirements and way of doing things. It can be very hard to get your feet on the employment ladder but, by giving someone with little to no experience a chance, you can often see raw talent turn into a future leader. Building a team is all about choosing the right personalities, ensuring that everyone performs at their peak both as a team, and as individuals within that team.”

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