Will age catch up with you?   Why employers need to consider the potential pitfalls of age discrimination.

Use of the internet and email   You may know what reasonable use of the internet and email is – but do your employees?

Did you know......   

Dealing with long-term sickness absence   How to manage the business conflicts.

Will age catch up with you?

When a survey reveals that almost 60% of people believe there should be no retirement age at all then you can be sure that the older workforce will become a much more important issue than it is today.   The EU employment directive is expected to outlaw age discrimination in 2006.  There are two things that employers can do:

• Ensure the recruitment and management of employees is free of discrimination. Review policies.
• Consider the benefits of older workers.

Recruitment

• Ensure job advertisements do not communicate an age requirement.
• Focus on the skills and personal attributes required
• Ask all applicants – regardless of age if they wish to be considered for either full time or part time work.
• Ensure schemes exist for all applicants who wish to be considered for reduced hours or flexible working.
• Do not make statements like, “with your experience this is probably not the job for you”
  Just because a company’s products target young people does not mean that an older worker cannot fit in.
• Be careful referring to return on investment for training. This could be a valid concern, but could be an indication of ageism.
• Use interview panels with a diverse age range.

Benefits and skills of older workers

• Loyalty – higher retention rate
• Life experience
• Lower absenteeism
  Reliability and dedication
• Flexibility
• Produce practical solutions to problems
• Leadership
  

Use of the internet and email

It has been suggested that private use of the internet and email is rife and that is costing companies dearly. Do you know how much personal shopping is going on? Did you know that when a website is visited it leaves a trail which is like a calling card of your company?

Employers need to protect staff and customers from receiving offensive material. Clearly, a company policy is required, accompanied by appropriate management. Without a clear policy in place employers could find it difficult to legally terminate the employment of an individual. Clear guidelines need to be set for the workforce. For example:

• No use for personal profit.
• No use for advertising.
• Not posting or accesing messages or material that is offensive, racist, inflammatory, disruptive etc, that would bring the company into disrepute.
• Support of illegal activities
• Providing information about employees or the company.
• Sending sensitive company information without approval.
• The internet is for business use only, or alternatively that personal use may be made at certain times.
• That download, access or circulation of certain information would lead to disciplinary action and may require the police to be informed.

The most popular sites for workers are:

• Chat rooms
• Pronography
• Home shopping
• Sport
• News

What can you do?

There are many programs available that will block access to certain categories of web site. These can display a warning screen, record the details, and some can send an email to a supervisor if required. Filter incoming emails to prevent inappropriate email getting to the recipient. Ensure employees are aware of acceptable and unacceptable use of company IT facilities.

Did you know......

Did you know....According to The Eurest Lunchtime Report 2004, offering employees a 'premium beverage' can play a pivotal role in encouraging staff to stay on the premises during the day.  The report revealed that almost a quarter of staff use vending facilities in their workplace as an excuse to take a 'much needed break from work', apparently it is a key tool in cutting workplace stress.

Did you know ….. A recent poll revealed that a 'stress busting' workout will help employees perform better in the workplace.  Apparently, by providing exercise facilities at work or helping towards gym costs could boost productivity.

Did you know …….A Spanish company have launched a scheme called ‘damage therapy’ for employees that what to let off steam after a hard days work.  After arriving at a local scrap heap employees are handed a sledge hammer, and the choice to smash a variety of items (this does not include the boss) including cars, computers and televisions to the sound of heavy rock music.   Apparently the experience is very satisfying and according to one employee ‘I go after a bad day at work. I take a mobile phone, put it on the ground and smash it to bits with a single thump’. Now, where did I put my mobile…….?

Dealing with long-term sickness absence

Long term sickness absence has got to be one of the most difficult problems for management to tackle. Being able to keep the long-term sick on the books at no extra cost, is no longer the case. Employees who have been off work due to long-term illness are entitled to be paid up to four weeks statutory holiday under the Working Time Regulations 1998. Dealing with long-term sickness can be complex and each case must be treated with care and attention.

Being away from work for a long period of time due to chronic ill health could happen to any one of us. At such a time we would expect a sympathetic response and a fair procedure to help us through it.

But surely, in small companies (or where the absentee has a key role) there is a conflict between the operational needs of business in order to get the job done and the desire to help the sick person's recovery by maintaining job security.

An area that employers must also take into consideration when managing absence is the Disability Discrimination Act 1995 and consideration must be given to the question of whether the employee is suffering from a disability under the Act. Currently, the provisions of the Act relate to employers who employ 15 or more employees. (Please note that from October 2004, however, businesses with fewer than 15 employees, previously excluded from the DDA will need to comply). However, if the reason for absence is work related then the employer is increasingly expected to consider alternatives to dismissal, regardless of size.

There may come a point where the employer can argue that the contract has become ‘frustrated’ at law. In such situations the use of normal disciplinary procedures would be inappropriate. However, the employer is required to show that they behaved reasonably under the circumstances. For instance, a long serving employee who is otherwise capable is entitled to a greater degree of consideration than somebody with shorter length of service.

It’s imperative that the employee is made aware of their position. Particularly, with stress related cases, it can relieve anxiety knowing there is a job to go back to or at least the employer is exploring all avenues to help them. Ensure frequent contact and communication with the employee even if it means visiting them at home, provided you have their consent to do so.

Some companies have a Permanent Health Insurance Scheme in place as part of the pension scheme for employees who may fall into the category of ‘permanently incapacitated’. Under the scheme the employee would continue being an employee (without working) and receive a salary. If this is the case then it implies that the employer will not dismiss someone so as to deprive them of benefiting from such a scheme. Some of the issues to consider when dealing with long-term sickness are:

Damage being caused – level of urgency to replace?

Investigate: Prognosis - preferable from a medical practitioner (with employee's consent) – full recovery possible or return inadvisable?

Could redesign or reorganisation of job speed up return?

Alternative, lighter or less stressful work Available - + retraining?

Reorganisation Length of service?

Is early retirement possible – with enhanced pension?

Is there a Permanent Health Insurance Scheme in place?

Have all possibilities been discussed with the employee and his/her representative?

MAKE DECISION

There may well come a time, however, when all avenues have been explored and procedures exhausted. The employee should not then be left in the dark that employment could no longer be kept open.

At the end of the day, the employer needs to ask ‘having acted reasonably, could we have waited any longer having considered our business needs and those of the employee?’  If in doubt consider a ‘compromise agreement’ as security against a tribunal claim.

Finally, don’t forget to pay the employee during the notice period or in lieu as part of the final salary package together with any holiday pay.

The information in this newsletter is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action.

For further information, advice or assistance on any of the matters raised in this newsletter please contact Picasso HR on 01473 890037.

Copyright Picasso HR Ltd 2002-2010. Registered in England No 4173777

Email Martin to unsubscribe from this newsletter      Privacy policy.