This month, we look at some of the biggest topics trending in the world of HR in July 2023, and the lessons to learn for staff management in healthcare settings. This includes the summer holidays starting which may impact staff with school-aged children, allegations of widespread sexual harassment in the workplace, changes to legislation surrounding flexible working, and best practices for handling internal inquiries relating to an employee’s conduct in or outside of the workplace.
The Summer Holidays
The summer holidays pose unique challenges for healthcare employees and employers, due to the continuous need of appropriate staffing levels to ensure the best patient care. This is in contrast with staff members who likely plan for more time off in the summer months, either as a result of childcare requirements due to the school holidays, or the desire to enjoy the better weather. As a result, effectively managing holiday requests and potential staff shortages is crucial. So how can employers in healthcare ensure appropriate staffing fairly and subjectively?
Healthcare employers must plan early for periods of higher holiday requests. This can include implementing fair allocation processes when annual holiday entitlement is released, and sometimes capping the number of employees allowed to be on holiday at any given time, ensuring a more balanced distribution of absences.
There is also the option of possible Flexible working arrangements, especially for employees who have children or other dependents whose normal childcare arrangements are disrupted by school holidays. This includes offering an alternative working schedule over the period of time requested, such as earlier starts and finishes, on working on different days to usual. This is to accommodate an employee’s change of circumstances, such as over school holidays. In relation to this option, the Employment Relations (Flexible Working) Act 2023 reached Royal Assent in July, which is explored in more detail below.
The Employment Relations (Flexible Working) Act 2023
The Employment Relations (Flexible Working) Act 2023 finally reached Royal Assent. Once enshrined in employment law, this Act will require employers to consider and discuss any requests made by their employee for flexible working – who will have the right to two requests a year – within two months of a request, down from three.
As part of the new policy, employees will no longer have the obligation to explain how their roles would be affected by the request’s approval and how any potential issues would be managed. Additionally, managers are required to consult with the staff member before declining any request.
Therefore, employers in the healthcare sector will need to adhere to these above changes and adequately prepare for any potential flexible working requests from employees and manage them appropriately according to the new law. It may also be beneficial for employers and managers in the healthcare sector to consider the potential effects and issues that these requests may have ahead of time, to ensure full compliance with the new legislation and to avoid any potential legal pitfalls.
Sexual Harassment in the Workplace
Over 100 UK McDonald’s employees have come forward with allegations of a toxic work culture, including sexual assault, harassment, racism, and bullying, according to a BBC investigation.
As a result, the Equality and Human Rights Commission (EHRC) has set up a confidential email hotline for McDonald’s staff to report harassment. The legal implications for McDonald’s could include potential cases in employment tribunals and county courts, as victims may seek legal redress against the company for failing to protect them from harassment and discrimination.
Under health and safety legislation, an employer has a statutory duty to protect staff from harm. Therefore, it is essential for all employers to ensure a safe working environment for their employees – though this is not limited to staff-on-staff interactions. This could also be the case for healthcare workers who experience abuse or harassment at the hands of patients, not just other staff members. By failing to address issues relating to harassment, abuse, or bullying, your company is at risk of potential reputational, commercial, and even legal repercussions, such as staff with over 2 years of service claiming constructive unfair dismissal. There is also the risk of poorer employee wellbeing at work, with those suffering from harassment, abuse, or bullying more likely to have higher levels of sickness absence.
Internal inquiries – best practices
The BBC’s internal inquiry regarding allegations against one of their employees confronts intricate challenges as rumours and allegations circulated in public before proper investigatory proceedings had been conducted.
When a serious allegation has been made against an employee, HR must respond promptly and decisively, regardless of their seniority or status. Employers must not avoid investigating complaints simply because the accused is a high-profile employee, but they must recognise that due care is required during investigations. This includes not sharing details to those outside of the current proceedings; discouraging gossip and rumours circulating around the allegations; and maintaining strict confidentiality for both sides of the process. Properly adhering to established processes ensures fair investigations and appropriate handling of complaints.
To avoid problems like this before they occur, employers can urge employees to approach HR first with any concerns or complaints before consulting with external channels, such as with journalists. In the healthcare sector, it is especially important that due care and consideration is given to each case where misconduct is expected to have taken place, as should any investigations into allegations be mishandled, it could compromise both staff and patient safety.
