Policies & Procedures Archives - Page 9 of 9

What to do to avoid Harassment and Workplace Bullying

Employers - Did you know that you can be held accountable for bullying or harassment in the workplace?…Not being aware of it does not get you off the hook!
Here is an overview of the basics:
Bullying defined…

Bullying in the workplace is any recurring inappropriate conduct that undermines a person’s right to dignity at work. Bullying can be carried out by one person or several people - it is aimed at an individual or a group where the objective is to make them feel inferior or victimized. Bullying can come in the form of a verbal or physical assault and can also take place over the internet – this is known as cyber bullying and can be performed via many methods - Mobile phones, social networking sites, emails and texts are all common vehicles for cyber bullying. Cyber bullying is becoming more and more prevalent in society.

Keep in mind that harassment based on civil status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community is considered discrimination.

Bullying isn’t always obvious – in fact it can come in many shapes and forms – some examples are:

Social exclusion or isolation
Damaging someone’s reputation through gossip or rumour
Any form of intimidation
Aggressive or obscene language or behaviour
Repeated requests for unreasonable tasks to be carried out

Employers Beware:

Under current Irish employment legislation (The Employment Equality Acts 1998-2011) companies are accountable when it comes to bullying and harassment in the workplace or workplace disputes. It is vital for employers to be mindful of the legislation as companies are answerable for the actions of employees, suppliers and customers even in cases where the company is not aware that bullying or harassment is taking place.

To defend itself a company must illustrate how it did everything reasonably practicable to prevent bullying and / or harassment from taking place in the workplace. The company must also show that when an instance of bullying or harassment occurred the company took immediate, fair and decisive action.

There is a huge risk of exposure if companies do not adhere to the strict Regulations. Those found in violation of the Act may be liable for fines and in severe circumstances imprisonment on summary conviction.

Bullying creates a very hostile work environment and can negatively affect employee performance – it can also cause a company to lose key members of staff. Bullying can affect both the safety and the health of employees – this violates the Safety, Health and Welfare at Work Act 2005.

It is abundantly clear that it is in the best interest of all stakeholders to prevent bullying in the workplace.

In order to avoid bullying and harassment an employer should include harassment-related policies and procedures in the Employee Handbook. This will clarify what is expected of employees and what the protocol is if bullying takes place.

For advice on what to do refer to the Labour Relations Commission’s Code of Practice detailing Procedures for Addressing Bullying in the Workplace:

http://www.lrc.ie/documents/publications/codes/codeonbullying_.pdf

For further employment legislation and HR advice or to arrange a complimentary consultation/audit with a HR expert at your premises contact us at The HR Company. 

Keeping employers compliant in the current business environment

Many businesses are at risk from within. The climate has never been more litigious. This is not just hearsay. The Labour Relations Commission (LRC) is estimated to have over 50,000
cases on its books. Our estimate is that up to 80 percent of Employers will end up paying out.

Why?

Because Employers make mistakes in how they deal with employees. You can't just call
someone into the office and tell them they're dismissed or subject to a disciplinary measure.
We've had cases where a business owner has erupted in a fit of temper and told slacking
employees to go home and never come back. That's a recipe for Employer disaster.

Some - not all, I hasten to add - employees are watching their opportunity. Ninety-nine times out of 100, it's nothing personal - they're just looking for a way to replace income caused by falling rates and hours. Job prospects are slim out there and they don't see much light at the end of the tunnel. So if they can use you to make up the shortfall, they might take the opportunity.

Irish Employment Law - NERA Compliance

How do you insulate yourself from the risk of paying out thousands of euro in a claim? Here are some tips to take on board:

 

Be compliant. The National Employment Rights Authority (NERA) is the governing body for employment rights. To be compliant, you must have all your processes in order, right from the terms and conditions onwards. The process of becoming compliant takes you through the many steps along the way. Also, compliance ensures you won't ship a painful fine from NERA.

Understand that, when it comes to employment issues, process is king. You cover yourself by following process. Document what you have done, tell people why you've done things, follow correct disciplinary procedures - those are the nuts and bolts of the matter. Many business owners ride roughshod over the whole area of procedures. They are very vulnerable.

NERA Compliant - Employers avoid claims and fines

If you don't know employment law inside out, find someone who does. It will cost you money to get the expert advice you need, but the cost of taking a chance can be multiples more. Observe the legislation.

Redundancy is a minefield if you take chances. You must remember that employees now know their rights better than ever before. They have lived through a time when friends, family and work colleagues have been laid off. They have picked up a great deal of information about their rights. We say to Employers "your employees know their rights - do you?" Some businesses are now facing into a second phase of redundancies. In that instance, you can be guaranteed that staff know their rights better than they did for the first phase. If you don't follow process, if you make a false move, it could cost you.

NERA Compliance - Protecting Companies Redundancies are required to keep a business viable. Make your decisions based on what's best for the business - not because you want to get rid of Danny the storeman who you feel hasn't done a tap for years. Before making people redundant, look at the business overall and see what areas are suffering a downturn, what areas are picking up, and how best you should react to changed circumstances.

A Selection Matrix will help to clarify your thoughts and take the personalities out of the decision - and also
ensure that no-one can accuse you of using redundancy simply to take out people you don't like. As a business owner or manager, you are entitled to make decisions that make business sense. So establish the logic of any decision before you make it.