Monday, September 1, 2003
Despite public opinion Dress-down Policies at Work are getting more popular
A UK-wide survey of owner-managers has revealed that a third of small businesses with a dress-down policy believe it has brought a significant boost to their productivity.
The Bank of Scotland Business Banking survey, conducted by the Opinion Research Business, also reveals a major growth in firms adopting a relaxed approach to their dress code. Indeed, four-fifths (79%) of small businesses that have dress-down policy introduced it within the last 12 months.
Almost one in five small businesses (19%)- over 700,000 across the UK - currently have a dress-down policy ranging from open neck shirts from Monday to Thursday and casual attire on a Friday, to a daily ‘wear what you want’ approach.
Bank of Scotland Business Banking Managing Director, Tom Abraham, said: “Starched collars and formal business attire are no longer the de rigeur of big business practice, and it is interesting to see the same trends developing with SME’s — with positive results.”
Dress codes at work can create potential legal problems, particularly relating to sex discrimination and human rights. Employers should take care that dress codes are fair and do not discriminate.
More
above: A survey revealed a major growth in firms adopting a relaxed approach to their dress code.
Are you an Equal Opportunity Company?
Personnel Today magazine and DLA recently conducted a survey of 1300 HR professionals and some interesting issues arose on the current diversity and equality policy for UK businesses. Due to the forthcoming European equal treatment legislation, senior managers are asked to show more commitment and attention to diversity policies to protect their business from potential legal pitfalls.
- Just 50% of respondents believe their organisation has an excellent or good diversity policy
- HR professionals believe that line managers require more training to deal with diversity issues
- Only 40% of employers measure the diversity profile of their business
- Only 1 in 10 businesses monitors for sexual orientation, religion and beliefs
By 2010, the UK working population would be male, white and under 45!
The European equal treatment legislation will cover the areas of equal pay, diversity and monitoring on religion, beliefs and sexual orientation. Companies failing to comply might face some unexpected costs. The UK is among the few places in the EC that can embrace people from different cultural backgrounds with great flexibility. However, according to the survey results UK businesses demonstrate some rigidity.
Changes needed to recruitment approach and wording!
Employers risk underestimating proposed new ageism legislation and committing discrimination accidentally. You should start reviewing your employment policies now.
From 2006, employers will have to be particularly careful to avoid ‘indirect’ discrimination, where an employer unintentionally discriminates against existing staff or job applicants, for example by specifying a mature or young and energetic person in a job advert. Under the new proposals, if such requirements cannot be objectively justified, this type of advertising would fall foul of the new law.
Unlike sex or race, age is relative, so ageism is difficult to define. Employers must look extremely carefully at the wording they are using to avoid accusations of discrimination.
You should avoid defining both employees and the company in terms of age. For example, saying that the company is ‘young’, even if this means ‘new’ rather than full of young people could be misconstrued. However, this risk should be reduced if you can demonstrate that you have acted fairly to all in practice.
Employers should start adopting a more ‘inclusive’ approach so that they are in a better position when the legislation comes into force.
Experience in other areas of discrimination law highlights the fact that if you treat so-called disadvantaged or under represented groups better than everyone else in a bid to be seen not to discriminate, you could I fact inadvertently still be discriminating.
For instance, in a recent case, a male employee successfully claimed sex discrimination because his employer allowed women to work part time in order to collect their children from school, but did not extend the same right to men. Grey areas over what constitutes acceptable practice are likely to exist until there are some Court decisions on age discrimination to provide more guidance to employers.
In order to promote diversity in the workplace without inadvertently discriminating, employers could look at the age profile of their staff, rethink their employment policies to identify where and how diversity could be improved, highlight role models from within the company and target recruitment advertising at specific media for under-represented groups.
[Equal Opportunities Policy and Management Guide, Version 1.0 (ISBN 1-900648-64-4-, £29.99), available in MS Word and Adobe Acrobat pdf format as an electronic download or by calling 0870 777 8881]
Notice Periods
An important case recently put perspective on a grey area of employment law with regards to the qualifying service for employment rights. The right to lodge a claim with an Employment Tribunal and the effect any contractual notice periods may have.
Until now, employers have had to exercise caution when dismissing an employee with just less than one years service where their contractual notice period would take them beyond the one years service threshold. However, in the above mentioned case, the employee originally successfully won her Tribunal case arguing that had she been dismissed on three months notice according to her contract she would have accrued her full one years service thus giving her unfair dismissal protection.
On appeal by the Company, EAT disagreed and argued that there is already built-in protection within the statute (Employment Rights Act 1996) extending the effective date of termination by statutory minimum notice. This does not extend to contractual notice and therefore the employee did not qualify for protection. More
Penalties for failing to inform staff about management and business changes
Employers could face fines of up to £75,000 if they fail to comply with the Information and Consultation Directive and inform staff about management decisions and business changes, according to the DTI.
The Information and Consultation Directive comes into force in March 2005 for companies with 150 or more employees, in 2007 for 100 or more and by 2008 all companies with 50 or more employees will be obliged to comply or be fined.
The Directive came about as a response to too many companies making public announcements without first informing the staff.
Shaking Hands — could lead to ‘religious bias’ cases, employers told
Job interviewers should not expect all job interviewees to shake hands as it could cause offence. Insisting on a handshake could leave the interviewer’s organisation open to a claim of discrimination, according to a new report from people management experts, the Chartered Institute of Personnel and Development (CIPD). The report, Tackling Religious Discrimination: An introduction to the law, also warns that serving alcohol without a non-alcoholic option at work functions could invite a claim under new European laws to come into effect later this year.
To comply with EU law, the UK must introduce new legislation on religious discrimination by 2 December 2003 to make it illegal to discriminate on the grounds of ‘religion or belief’ in the workplace. The CIPD has published guidance to encourage employers to think about the complexities and to help them recognise the need for action.
One particular problem facing employers is the potentially wide definition of what amounts to a belief.
Dianah Worman, CIPD Adviser, Diversity comments, “The Government needs to produce guidance as quickly as possible to address many of the concerns highlighted in the report. Worman continues, “We could see animal rights activists bringing a case if they are not considered for a job at an animal testing lab for example. Even religious bodies such as churches could find themselves before an employment tribunal if they are unable to substantiate ‘genuine occupational requirements’ to recruit people of certain faiths or beliefs” More
A little bit of stress is good for you
Does Stress Increase Job Satisfaction?
New research ‘defies the myth’ that all stress is bad for us and claims that it increases our job satisfaction. The survey results show that 77% of people confirmed this claim, with only 7% reporting signs of slowing down when stressed.
The research - commissioned by pain relief company Anadin - surveyed over 3,000 people and concludes that a satisfying working day depends on three factors Stimulation, Stress and Time. The author of the report, Aparna Malhotra, comments on the findings:
“We have found that poor job satisfaction is a major cause of rising stress levels, but on the flip side, without stress people lack focus and they do not experience the same fulfilment from their working day. Sustained career contentment is a combination of the three factors: stimulation, stress and time. If one is too low or too high then it puts the other two off kilter.
“Despite stress having bad side effects, a balancing act of stimulation, stress and time is required for an effective working life. Although we are all different, people generally work best when they have a stimulating task at hand, a demanding role that challenges them and a realistic time scale.”
Editors note
Stimulation often requires the production of Adrenalin. Adrenalin releases Serotonin, natures natural ‘feel good’ hormone. This would explain why ‘a little bit of stress is good for you.’
However, producing adrenalin, too often, negates its influence for emergency use, for example ‘flight or flight’.
Continually using adrenalin to get you through the day will physically exhaust your mind and body — the repercussions of which are well known!
What stimulates you in your working day? What situations induce a surge of adrenalin? Too often? Not enough? It’s down to you to get the balance right — not your employers.
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