Guidance for employers has been issued following the continued social unrest which has been described as “one of the worst spates of violent disorder in the last decade” by the Metropolitan Police.
The CIPD has recommended that several measures are put in place to help employees feel safe and tackle situations whereby staff have been involved in the disorder that has taken place since three girls were fatally stabbed in Southport last week.
Rachel Suff, employee relations adviser at the professional body for HR and people development, said: “We are appalled by the rioting scenes across the UK. We recognise that some employers will have challenges with employees feeling unsafe but could also have staff involved in these acts of violence and discrimination.
“Much of the unrest has been racially motivated and people may well feel vulnerable or unsafe, especially if they are in an area where there has been disorder. If employees are concerned about getting to and from work safely, their employer should consider allowing them to work from home as part of its duty of care.”
Suff explained that workplace conflict continues to be a key challenge for businesses, and believes it’s important to understand the impact of actions on employees, as well as communities.
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Commenting on cases where employees are directly involved, such as posting on social media to incite violence or making discriminatory comments at work or online, or video footage showing their involvement, Suff advises employers to be cautious in their approach.
She said: “When considering action employers should take care to ensure they have all requisite and relevant information before acting, ensuring that they don’t mistake being decisive with a knee-jerk response. They need to consider the nature of the employee’s behaviour, the employee’s role, for example if they are in a public-facing role, and the impact their behaviour may have on the organisation’s reputation.
“Every organisation should have a clear social media policy in place that clarifies what conduct is acceptable and what is not, providing examples about what could bring the organisation into disrepute and the consequences for doing so, including potential disciplinary action.
“If the employee’s behaviour falls below the expected standards, the organisation may wish to conduct an investigation via its disciplinary procedures. If an employee is arrested, it’s important not to assume guilt unless they are charged. Some initial investigation will normally be appropriate before suspension is considered, depending on the nature of the allegations and the impact they could have on the organisation. Employers should consider their course of action on a case-by-case basis and also recognise their duty of care to all employees during this process.”
HR consultancy firm Peninsula has also addressed business concerns, suggesting they should consider making reasonable adjustments for their employees.
Kate Palmer, employment services director at Peninsula, said: “With the headlines and social media feeds full of violent imagery, this can be a distressing and unsettling time for many, businesses included. Whether it’s wondering how to keep employees safe, or navigating discord in the workplace, there are many HR issues in play here.
“Where there are concerns over whether a business can safely open, for example, if it has been targeted by rioters and suffered damage, then employers may need to look at what their contractual position is with employees. Employers have a duty of care to employees, which includes providing a safe place to work. Temporary closures may require temporary layoff of employees, other businesses may choose to ask employees to take unpaid leave or annual leave while they ensure that it is safe to reopen.”
Palmer advises that where employees’ commutes are affected, employers should consider moving start or finish times to avoid the having to leave or arrive at work during protests, ensure individuals aren’t leaving the workplace alone or working alone if the business itself may become a target for violence.
She added: “If a risk can be anticipated, then employers need to take all reasonable steps to reduce or remove that risk. Employers need to keep a continual eye on developments and may need to make some swift decisions based on level of risk.”
Some adjustments suggested by Palmer include changing working hours or location, closing the workplace early or opening later, allowing temporary home working, securing premises as much as possible, rearranging internal and external meetings and visits as necessary, reminding employees how to deal with workplace disturbances, how to keep themselves safe and how to report confrontation or harassment, helping staff plan safe routes to and from work and reminding them of any emotional support available, like an employee assistance programme.
Palmer concluded: “Remember that employers have a duty to make reasonable adjustments for disabled employees and consider any extra measures that need to be taken for employees because of their individual circumstances, for example, pregnant employees.
“If an employee doesn’t turn up for work because they have been arrested, then it’s likely that this will be treated as an unauthorised absence. How that progresses will depend on when they get in contact and their circumstances. Another thing to think about is the impact on the organisation if an employee is involved in the riots. It can be a very complicated situation and will depend on a number of factors so employers will need to navigate this carefully. Some of the areas to consider include the impact on the wider workforce and clients, as well as reputational damage.”
She explained that employers will also need to consider how they deal with any conflict between employees who have different political views and how they support affected staff.
Palmer added: “Having a policy in place to set out the rules on acceptable rules in the workplace makes sure that employees know expected behaviour in the workplace when it comes to political talk.”
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