With the HR Department having a dedicated mediation specialist, Roisin O’Neill, we were highly anticipating the new Mediation Act which has just been passed by Irish Government. The introduction of the bill will make a huge difference to both employers and employees whenever disputes may arise in the workplace.
The recent Act highlights the obligation for mediation in the Irish High and Commercial Courts, ensuring that complainants have considered mediation as a method of dispute resolution before they issue a complaint through the courts. The passing of the Act is a strong recognition that mediation has the potential to accomplish more positive outcomes for those involved whilst also lessening the strain on the Courts.
 
What is Mediation?
Mediation is a voluntary method of dispute resolution through the use of negotiation and agreement between the parties involved. A neutral facilitator (the mediator) assists in the parties reaching and agreeing on a settlement. The mediator will recommend solutions which are accepted or rejected. If a mutual outcome is agreed, the settlement is recorded and signed, and is from then on legally binding for both parties. If the process does not result in an agreement, Court is the next step.
The mediation process is confidential to ensure parties involved do not have their disputes exposed to the public. Anything said and/or documents produced at mediation cannot be referred to in litigation if the case goes to Court.
The objective of mediation is to cut costs and time when resolving a dispute. Often, if the case still has to go to Court, the mediation process will still have resolved many issues that may have arisen, therefore making any litigation less expensive and time consuming than it may have been without mediation.
 
Why the new Mediation Act is Positive

• There is an obligation on solicitors and barristers to provide information on the advantages of mediation and advise their clients to consider mediation to resolve their dispute.
• Solicitors and barristers are to swear a statutory declaration confirming they have informed their clients of the mediation process and its benefits.
• Where court proceedings commence, parties are to confirm they have been advised and considered resolving their dispute through mediation.
• The Act contains codes of practice to ensure the correct mediation procedures are in place and carried out by qualified mediators.
• The role of the mediator is defined clearly, stating that they are present to assist parties to find a potentially successful method to resolve the dispute in question.
• All statements made by parties, both written and oral, are statutorily protected and are not to be disclosed within Court proceedings. This may not apply if disclosure is required to implement a settlement.
• Court proceedings will be suspended to assist a mediation process.
• An agreement will be signed by the mediator and the parties which will state the requirements of the mediation process, such as location and costs of the mediation, how it is conducted and the right to seek legal advice of requested.

 
Roisin O’Neill
Roisin is a professional mediator who has extensive experience working with a wide range of public, private and voluntary organisations across multiple business sectors, including health, education, public safety utility and government departments.
Specialising only in mediation and early conflict resolution, she has achieved an outstanding record of negotiated resolutions working on multi-issue and multi-party cases over a ten year period with consistently positive feedback from both clients and referral departments.
Her record of experience demonstrates a successful partnering with a range of human resource teams, legal advisers, interpreters and trade union representatives, mutually working together in a collaborative effort to secure a private and dignified resolution for a variety of employee disputes and issues.
With a unique background in Law, business and entrepreneurship, she is passionate about empowering leadership in the face of conflict and equipping management, human resources and project teams with the resources and skillset to prevent, manage and resolve destructive conflict that often drains the business of time, money and resources.

If would like to speak to Roisin in regard to Mediation, please get in touch on The HR Department.

3 Ways to Ensure Talent Retention in the Tech Industry

In the past few years Ireland has solidified itself as a global hub for technology giants. With Google, Facebook and Microsoft just some of the big names in the tech industry to establish offices here, it is no wonder Ireland has almost 140,000 people working in the high tech sector already.

There is therefore no doubting the need to attract more and more tech talent to meet the employment demands of the plethora of international tech companies now in Ireland. Add to that the possibility of an influx of workers coming to Ireland in the wake of Brexit, and Irish employers need to understand how to manage and maintain an increase in tech talent.

Attracting tech talent is only the starting point. It’s getting your tech employees to stay that is the real challenge. There is little more frustrating to a company than having to say goodbye to its best tech workers.

So, here are three tips to help your organisation hold on to your best tech employees:

1. Find the Right Fit

It may sound like a no-brainer, but taking the time during the hiring process to find an employee that is the right fit for your company will pay dividends. An employee who clearly understands their role and shares the values of a company is less likely to want to jump ship.
 
To get this right, it is important for employers to be very clear on job descriptions for applicants. Employers should include as much information about a new position as possible and make sure you have a clear company ethos – employees need to know what they are signing up for! Getting a solid fit at this stage will undoubtedly improve the retention rate of your tech staff. As the CIO of Ascential, Sean Harley put it, “if you hire well, the best talent pool is the one you already have.”

2. Communicate, Engage and Support

While hiring gets tech talent through the door, continuous communication, engagement and support will help retain your tech workers. ‘Talking to techies’ may have a reputation for being a daunting task, but it is an essential part of a successful workplace. Do not make your tech staff feel like they are on the periphery of the team – this is likely to push them away.

The tech industry, according to a recent Fortune 500 study, has the highest turnover of any other industry. Supporting your tech staff, through including them in high-level meetings or offering flexible working hours for example, is one of the best ways to make sure they don’t think the grass is greener elsewhere.
 
3. Provide Learning Curves

While financial incentives or an increase in pay may seem like a logical way to retain staff, it should not be considered a silver bullet. Often tech workers appreciate being challenged and allowed to innovate. Don’t be afraid to up-skill tech employees. Trust in the people you have to perform new tasks rather than always harping back to the lengthy and costly hiring process. You should find this will stimulate the mind of a tech worker much more while increasing their productivity and satisfaction. This is a two-pronged solution – tech employees will value opportunities to be more creative when given more demanding responsibilities and employers should see an increase in talent retention.

Let’s make no bones about it – the need for tech employees is on the rise across all industries. As more and more business turn towards digital, the challenge for employers is managing what may be an entirely new department in their organisation. One of the best ways to do this in general is through continuity. Continuity requires talent retention. The quicker tech staff are recognised as an integral part of your organisation, and treated as such, the more efficient and effective they will be. So, be diligent in your hiring, keep your tech talent happy and do your utmost to keep them on board - after all, you don’t know what you’ve got till it’s gone. 

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The 2017 Great Place to Work HR Trends Survey has revealed that HR professionals are moving more and more towards leadership roles within their companies. A massive 82% of people surveyed contested that HR influence in the leadership team had increased and three-quarters agreed that the HR function and HR Analytics played a key role in an organisation.

So, this begs the question: In what ways can HR professionals positively influence leadership roles and increase the HR function within an organisation?

1. Employer Branding
 
HR professionals need to recognise and understand their crucial role in employer branding. Gone are the days when attracting talent was left solely to the marketing team. Creating a consistent employer brand image, which ultimately draws in desirable talent, relies on inputs from all of an organisation’s departments, not least the HR department.

It is essential for HR to ensure employer branding is in line with the values of the company. Should this not be the case, organisations could find talent retention decreasing as employees may jump ship if there isn’t brand cohesion throughout the company. 

2. Mentor line managers in HR practice

That being said, while employer branding might get new talent through the door, managers have a duty to ensure employees are content and working effectively and efficiently. This will, in turn, lead to an increase in talent retention.
 
As Helen Rosethorn, CEO of Bernard Hodes explains, ‘people join brands and leave managers.’ Therefore a vital role of HR is to mentor line managers on how best to treat an organisation’s employees. This may sound slightly condescending, however, there are many aspects of the workplace which not all managers are necessarily well versed in. How to deal with a quarrel on the office floor, giving positive and negative feedback when required, managing workers of varying age groups and providing performance reviews – these are all examples of areas where HR advice to line managers is invaluable.
 
What’s more, according to the Trends Survey, managers are highly motivated to learn more in these areas, so it’s down to HR offer up this guidance. The beauty of this? While it may strain resources in the short term, having line managers able to perform HR duties will ultimately take stress and strain off the HR department.

3. Increase Diversity

It is a known fact that women are grossly under represented in leadership roles within organisations in Ireland. A 2016 Survey by 30% Club Ireland found that only 14% of Irish companies have a female chief executive or Head of Operations. Yet, many studies have found that having more women in the top echelons of a business leads to greater productivity, efficiency and profit.
 
HR can and must play a central role in rectifying this lack of diversity in the workplace. Firstly, HR can offer more flexible working conditions which may increase employee satisfaction. Secondly HR can ensure that there is no unconscious bias towards males in the workplace. This unconscious bias could be in things like dress code for example. Finally, the most important thing HR should do is raise awareness of the lack of gender diversity. This leads back to HR creating an employer brand – one that appeals to all cohorts of society and aims to harness gender equality in the workplace.

As organisations change and grow to meet the demands of globalisation, so too does the function of HR. HR is much more than the department that deals with contracts and dismissals. As we have seen there are many other, perhaps under acknowledged roles HR can play in order to maximise efficiency and ensure the smooth running of your organisation. Companies must be aware of these in order to get the best out of their workers.

So there you have it, three important roles HR can play in your business that you may not have thought of before.

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If you’ve got talented people in your business, it’s likely that they’ve already been approached by recruiters at some time or another. With the talent pool drying up, competitors are looking to woo and poach your best employees. Indeed, a survey by STEM recruiters, Harvey Nash, revealed that more than a third of technologists have been contacted by five to 14 recruiters in the past year alone.
 
The problem this causes is twofold. Firstly, you’re losing a valued member of your team, who will take with them ideas and knowledge of how your business operates, to a competitor. Secondly, you’re going to have to spend time – and money – sourcing a replacement and training them. All this is bad for business.
 
So how should you react when a competitor is trying to steal an employee? And what measures can you take to deter your staff from jumping ship?
 
Here are some things to consider if you find yourself in such a situation:
 
Is it Worth Enforcing Non-Competes?
Non-compete clauses are pretty standard in today’s employment contracts. Put simply, this involves an employee agreeing ‘not to enter into or start a similar profession or trade in competition’ against their employer. They are also referred to as restrictive covenants.

However, in a bid to encourage innovation and entrepreneurialism, Governments across the UK and Ireland are seeking to change these rules, and employers must put forward a strong case that demonstrates their case is reasonable and protects a legitimate interest.

Enforcing a non-compete is always costly and difficult to enforce and might even work against your business. Restricting an employee’s ability to develop their career and limiting their ability to make a living can breed resentment, which may impact on productivity and your brand’s image. What you could consider is making sure you have a robust confidentiality clause in your contract as well as restricting any ex-employees from contacting your customers or trying to poach your remaining staff for a period of time after they leave. These clauses are generally easier to enforce.
 
However, before launching straight into the legalities, it’s worth exploring other avenues first.
 
Be Proactive
Should you discover one of your best workers is thinking about leaving, it’s important to take positive action. Ignoring the problem, suggests you don’t care, and is a sure-fire way of pushing them out the door. Instead, sit down with the person, acknowledge their position, try to understand what has led to their wanting to leave, and see if it can be fixed.

While money is important, it is not usually the driving force behind an employee’s decision to leave. More often it comes down to feeling undervalued or under-challenged. If this is the case, perhaps involving such employees on new and innovative projects, or giving them greater responsibility for a specific task may be enough to coax them to stay.

Counter Offers Are Counterproductive
Following on from my second point, if an employee decides to leave for a job with better pay, making a counteroffer might seem like a sensible option. However, without understanding their underlying issues, you’re basically paying more money to keep an unhappy worker. It might act to bandage the problem for a while but, sooner or later, their dissatisfaction will start to show in their work.

Furthermore, if word gets out (and it always does) that one employee received a pay rise, then it can cause problems with the rest of the team. They may feel unappreciated for the work they do. The could demand a similar pay rise. They may decide to seek out pastures greener themselves.

Invest in Your Staff
Some years back Richard Branson famously said business should ‘train people well enough so they can leave, treat them well enough so they don’t want to.’ Many companies make the mistake of sending employees on costly courses and training programmes to further develop their skills, but fail to invest the time or effort to show them they matter to their organisation. When the employee moves on to a competitor, where they feel more valued, the employer is left feeling betrayed and offended.

Invest in your staff at a personal level. Take the time to understand how they feel about their jobs, what motivates them, what frustrates them, what you can do to support them in their role and keep them from leaving. Too often, employers wait until the exit interview – when it’s too late – to ask these questions.

From their feedback, you can develop bespoke retention plans, while reinforcing all the positive points that working for you offers them. Just be sure to act on the feedback, less it become another bureaucratic exercise.

Don’t take it Personally
No matter how good an employer you are and how big an effort you make to ensure the happiness and wellbeing of your staff, people are going to come and go. The most important thing is that you don’t take it personally and don’t overreact.

It may be a case that the employee just needs to try something new, or is keen for a change of scenery. Retaining a relationship with these people, even if they’ve been poached, can benefit you in the long run. They may become advocates for your brand, sharing their positive experiences of working with you. Better still, they may come to realise that the grass is not always greener on the other side and wish to come back to your company. Check out the article I wrote about Boomerang Employees here.

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Ireland has become an incredibly diverse country. A short stroll through Dublin City and you’ll quickly notice how cosmopolitan it has become. The wealth of different cultures brings a real buzz to the city and a host of original views and ideas to the workplace.
Migrants now account for an estimated 12.5 percent of the Irish population* and there can be no doubt about the significant contribution they make to the workforce. However, such a varied labour force also presents a number of new challenges for employers. Chief among these is enforcing a single language (usually English) usage policy. Indeed, many business owners are often left wondering if such a policy is even legal.
The short and sweet of it is yes…PROVIDED you can objectively justify its enforcement.
A great example of this is the recent case taken against McDonalds by two Polish workers on the grounds that its English only policy constituted discrimination based on race, which appeared in the papers just last year. The Equality Tribunal sided in favour of Kellydan Ltd t/a McDonalds based on the arguments it put forward that justified its English only policy, namely:

• from a health and safety perspective,
• from a business efficiency perspective and
• from an inclusion perspective

It’s worth noting that the Equality Officer, Caroline McEnery, was satisfied that any one of these three reasons justifies the use of English as a business language and that the complainants had failed to establish a case of discriminatory treatment.
So how do you introduce and enforce a language policy that will keep you on the right side of the law? Here are three considerations for employers:

#1. Include it in Your Staff Handbook and Brief Staff
Any and all employment policies should be included in your company’s staff handbook and all employees should receive their own copy of the handbook. In this case you should state clearly that English is the operational language of the company. While you could argue that its inclusion in the staff handbook is enough, actively working to ensure all employees understand the policy being introduced and are aware of the implications associated with breaching the policy – through training, etc. – provides a much stronger defence if ever a case is brought before the Employment Equality Tribunal.

#2. Be Objective
The Cambridge Dictionary defines objective justification as “a legal reason that allows an employer to treat someone in a different way to other employees, especially relating to reasons of age, physical ability, etc.” At first glance, insisting that all staff speak one language, even if it is not their native tongue could appear discriminatory. However, as McDonalds demonstrated, the reasoning behind this policy was sound and in the interest establishing clarity and better communication between its 304 employees, many of whom are not native English speakers.

#3. Support Your Staff
McDonald’s supports staff, whose native language isn’t English, by providing access to paid for English classes and other training through English. This demonstrates the company’s commitment to employee development, investment in inclusion by promoting the use of one language regardless of nationality, and patronage of workers in line with its policies.
Very often these kind of activities fall under the remit of employee wellness, an increasingly important element of the human resources function today. Aside from strengthening your defence in such cases, it has been shown to lower attrition and boost employee satisfaction. And that generally means more productive staff.

#4. Document the Employment Process
In addition to demonstrating the objectivity of the policy, the respondents in the case mentioned above were able to refer back to their recruitment procedure, highlighting that it was carried out in English and that the claimants had indicated on their CVs that they had some standard of English. Adding this to my second point made a strong case against the complainants, which the Equality Officer herself felt did not support the complainants’ contention that they did not have a reasonable standard of English.
It is good practice to document your employment process, filing applications and CVs, recording any notes from interviews, etc.

#5. Be Flexible
Consistent enforcement of any company policy is important. However, a liberal approach to one such as business language is often best. In the case above, it was made clear that the policy was only enforced while on the shop floor and office areas, and that they were free to speak in their native languages in the canteen and during their break.
This is in-line with the use of English as your company’s business language. In situations where language is not pertinent to the effective running of the business staff should be allowed to communicate in the language of their choosing.
 
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Organisational culture and cultural fit have become hot terms in the past year. What was once considered a ‘wishy-washy’ element of HR is now recognised as a crucial part of attracting and retaining a company’s very best employees.

Business owners are waking up to the fact that skills aren’t everything; that hiring someone who perhaps lacks the experience of other candidate, but fits very well with the company’s culture, is very often the smarter decision. Remember, skills can be thought and experience gained, but a person’s core values and beliefs are practically impossible to change.

So why should you bother hiring based on cultural fit? Research has shown that employees who fit well with their organisation and colleagues tend to demonstrate superior job performance, express greater job satisfaction and stay with their employer’s longer. That means less time spent recruiting and training staff and more time making money for your business.

What is Cultural Fit?

Before we continue any further I think it’s important that I clarify just what I mean by cultural fit. In recent months, I’ve encountered a number of HR managers and business owners worried about focusing on cultural fit in the hiring process for fear that it might inadvertently lead to discrimination against candidates, promote group think and hamper diversity.

Let’s be clear, hiring for cultural fit does not mean seeking out clones or people you could see yourself sharing a couple of pints with on a Friday after work. The best recruiters and employers recognise that even when a candidate’s personality and interests differ from their own, they can still be a strong fit for the business.
Cultural fit is the likelihood that a candidate will mirror and adapt to the core beliefs, attitudes and collective behaviours of an organisation.

For example, someone who places a lot of emphasis on team work and working through problems together, will thrive if your business places a lot of emphasis on collaboration. While someone who prefers to work by themselves will struggle to adjust to the way your company operates.

Here are some simple measures you can take to help identify if a candidate is a good cultural fit for their organisation:

#1. Identify Your Company’s Culture
If you haven’t already done so, the first step you need to take is to identify your organisation’s own culture. Every organisation, whether it has just one employee or 5,000 staff, has a culture. Your culture is the set of beliefs and values that drive you and your employees to do what you do.

What three or four words/ expressions sum up your beliefs and values? Perhaps you’re client centric and putting the customer first is the basis for everything you do. Or maybe innovation is your top priority and you place creativity and innovation above all else.

Your mission statement and company vision can help define what it is you stand for but it’s also worth asking staff and getting their input to ensure everyone is on the same page. Aligning your culture with your values deserves its own blog entirely.

#2. Use Personality Tests
Personality tests go beyond traditional IQ tests to give employers an insight into a candidate’s emotional qualities, and how they adapt to and behave in certain situation. There are many personality tests for companies to choose from, such as the Myers-Briggs Type Indicator or the Hogan Assessment, all of which use very different and in depth approaches to assess a candidate’s personality.

Personality tests typically measure five personality dimensions in an applicant: extroversion, emotional stability, agreeableness, conscientiousness, and openness to experience. So if you’re looking for an outgoing leader, with an ability to make balanced decisions under pressure, then you might want to take a closer look at your candidates’ personality test results.

I previously wrote a blog on the Advantages and Disadvantages of Employee Personality Tests, which provides a lot more information on the topic.

#3. Mix Up Your Questioning
We all know interviewees prepare for interviews by rehearsing answers to the questions they know we’ll ask. Quite often these are geared to what they think the interviewer will want to hear, sapping all sense of authenticity and personality from the response.

Think outside the box when it comes to the questions you ask. Taking candidates off the expected script will help glean information about them that they otherwise might not have shared, allowing you to better understand their core values and beliefs and how they match up to your organisation’s.
Among my favourite culture focused questions to ask in an interview are:

• What was your first job and what did you learn from the experience? 
  

We don’t necessarily care what job they had. What we’re interested in is the values and ethic they took from it.

• If this were your company, give me three words to describe the kind of culture it would have?

What we’re looking for here is how similar the interviewee’s responses are to the company’s culture. It also provides an opportunity to dig deeper into the candidate’s core values.

• Tell me about the best manager/ supervisor you ever had. What did you like most about them? What did you dislike?

This question gives us an understanding of the kind of environment they like to work in and how they like to be managed. For example, if they describe someone who was very supportive and continually monitored their work, then a company where autonomy and initiative is prized is likely to be a bad fit.

#4. Involve Your Employees
Whether you’re the owner, CEO, HR manager or recruiter, it’s unlikely that your new employee is going to be working directly with you as much as they will with other members of your staff. For this reason, it’s especially important that the candidate gets along with their future colleagues.
 
A tour around the office will give the candidate a chance to see first-hand how your business works and the dynamic of the business. More importantly, it will allow you to see how they interact with your employees.

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There’s been a lot of talk lately about the challenges facing businesses across Ireland in attracting and retaining the very best employees. The economy is growing and the pool of talent is shrinking daily, and every business advisor and HR expert is keen to offer their two cents. Indeed, I’ve written a number of pieces on the topic.

However, this article looks at the less popular but equally (if not more) important issue of dealing with problem employees. You know the type, they always miss deadlines, refuse to take on any more than they absolutely have to, and ultimately drain the motivation and productivity of the whole team.

Research conducted last year by Northwestern University’s Kellogg School of Management and Cornerstone OnDemand revealed that, replacing a problem worker generated almost four times the value of hiring a top performer. According to the research, replacing a toxic employee with an average one produces almost €13,000 in cost savings. Even super star employees – those in the top one percent of all workers – only bring an extra $5,300 in value by doing more work than the average employee, which just demonstrates the necessity of paying attention to both ends of the employee spectrum.

Firing an employee – even a blatantly negative one – is a difficult process and, despite your best efforts can still damage team morale. Before deciding if a problem worker should go, I would always recommend addressing the issue head-on in a bid to correct their behaviour. Quite often, with a little support and the right approach, these heel-draggers can become your biggest heroes. The infographic below, courtesy of cloud communication company GetVoIP, helps describe some of the most common toxic employees and offers tips on how to deal with them.

If you do find yourself in a situation where there’s no other option but to go down the route of terminating an employee’s contract then ensure you follow your company’s policies and procedures to the dot, otherwise you may find yourself before the employment equality tribunal for unfair dismissal.

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David Bell is Managing Director of The HR Department, outsourced human resources specialists for Irish SMEs.
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Holiday season is fast approaching and the request forms are already starting to pile up no doubt, as staff look forward to a bit of down time from their humdrum work routine, whether it’s catching up on odd jobs around the house or soaking up some sun with the family on a beach in Spain.
While it may feel like things slow down during the ‘silly season’, thanks to the interruption of various team members using their annual leave, recent research reveals that employees may not be tuning out as much as they should and it could potentially be very bad for business.
The survey conducted by Regus found that, instead of resting 39 percent of employees continue to work up to three hours a day while on holiday. Perhaps this shouldn’t come as such a surprise. Advances in technology, in the way we are constantly tuned into our work through our mobile phones, along with a hangover from the downturn with staff keen to justify their roles, have made working while on holiday, or at least checking emails, fairly standard practice. While at first glance this might seem like a coup for employers, the reality is that in the long run it may cost you.
Here are some examples:
1.Staff Burnout
Even the best of us need a break every now and then. If your workers are unable to switch off and relax, then it’s unlikely they’ll reap the energising benefits of being on holiday. Instead of coming back fired up and ready to work, they tend to be less motivated and more easily distracted. In 2007 Business Week reported that ‘vacation deprivation increases mistakes and resentment at co-workers.’ Ultimately, this translates as a drop in productivity.
2.Increased Sick Leave
Stress related illnesses are among the leading causes of employee absenteeism in Ireland and the UK. Figures from the Office for National Statistics revealed that 30 million employees in the UK took time off work with stress, anxiety or depression in 2013. Workers who don’t take a break can eventually make themselves ill.
It’s not just mental either. In America a study conducted by the State University of New York of 13,000 middle-aged men at risk of heart disease showed that those who went without a vacation for five consecutive years were 30 percent more likely to suffer a heart attack.
Whether it’s short or long term that means further disruption to your business, which may impact on its profitability.

1. Legal Risks

Under health and safety legislation employers have a duty to ensure, as much as reasonably possible, the welfare and safety of their employees at work. If there is a culture of working while on holidays, or if employees feel pressured into not using their annual leave entitlement, then should an incident occur – be it a stress-related illness or an injury due to burn out – then an employee may have grounds to take action against your company.
Additionally, under common law, if it is believed that you as the employer failed to take reasonable care for the health and safety of such an employee, they may have grounds to bring a personal injury claim against you.
What Can You Do
Regardless for an employee’s reasons for working while on holiday or choosing not to take time off at all, you as an employer must take action to encourage it as much as possible. Here are some measures you can take to foster a culture where staff switch off when on holiday:

1. Communicate the Company Holiday Policy

Make sure all staff are aware of their holiday entitlements. This information should be clearly communicated in their staff handbook but it is also worth relaying the information through email, staff newsletters, weekly briefings or whatever other means you use to engage with your work force. This provides an opportunity to emphasise the value you place on employee downtime. HR automation software, such as HRLocker, can also be useful in providing employees with a visible diary, so they can coordinate their holidays and take ownership of their time off.

1. Lead by Example

As employers we are often the most likely culprits not to take our designated vacation time. Afterall, we are the steam that turns the wheel and keeps the business moving forward. However, the example we set tends to trickle down through the company as directors and managers follow your lead and their subordinates copy them.
If you want to instil a culture where staff feel comfortable taking holiday then you need to show that you too are happy to leave the office behind, even if it’s just for a few days.

1. Manage Workloads

One of the main reasons why employees work while on holiday is to stay on top of their workload. In fact, ‘leavism’, where employees use their annual leave just to catch up on work, is a growing concern.
Be reasonable in your expectations when distributing work to your employees. Regular management meetings and one-to-ones (where possible) with workers helps establish an open dialogue, where employees feel valued and employers can gauge their capacity. Establish a process for handing over ongoing work when an employee is scheduled to go on holiday so that is shared out equally and all employees, particularly those taking leave, are confident it will be managed effectively.

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David Bell is Managing Director of The HR Department, outsourced human resources specialists for Irish SMEs.

 
Bullying is something many of us have encountered in our lives. Luckily for most of us, it’s a distant memory from our days in the school yard. Sadly, that’s not the case for everyone. As part of our Social Media Series, we conducted a survey of Irish business professionals and were shocked to find that 46% of respondents were victims of bullying in the workplace.

It’s not just kids that are being picked on online either. Our research revealed that almost four in 10 professionals have experienced cyber bullying, with 42 percent being targeted through social media and 28 percent via email with their work, relationships with colleagues, physical abilities and appearance being the most common focus for the bullies.

Understandably, many of these individuals have experienced dissatisfaction with their jobs (83%) feelings of depression (66%) and a lack of confidence (60%) as a direct result of the bullying. While the majority (80%) of individuals tried to just ignore the issue, it is very sad and worrying to see that of the 20 percent that did report the problem or make a formal complaint, only two fifths felt their employer took appropriate measures to deal with it.
As employers we have a duty of care to our employees and should strive to create a safe and positive environment. No matter how you dress it up, whether it’s physical or cyber, bullying is bullying and should be treated with the utmost seriousness.

Let’s set the scenario: A member of staff comes to you to complain that they are being bullied on Facebook by a fellow employee and that they are considering leaving the business as a result of this behaviour. What do you do?
Firstly, there are two issues that you should be concerned about in this situation that are linked but should be dealt with separately;

1. Properly investigating the bullying allegation
2. Ensuring that if the staff member leaves that you don’t face an action for constructive dismissal.

 
Unless you have experience in these matters and are happy that you will be able to deal with the investigation, you should consider getting advice from a HR consultant before embarking on taking any action.  However, if you do decide to proceed on your own here is a seven step outline of the process you should go through:

#1 Refer to your policy on bullying that you should have in your handbook or safety statement and should have been given to every staff member. You should also clearly state your company’s stance on bullying in your social media policy. If you don’t have a policy, you are already in a difficult situation as you will have to investigate the allegations without a written policy or procedure in place that could result in problems if you do find yourself defending a claim for constructive dismissal.

#2 Sit down with the staff member who is making the allegations and take a full and detailed statement from them under the following headings:

• Confirmation of who they are making the allegations against;
• Full details of the particular incidents they are complaining about and
• Whether there are any witnesses to the alleged incidents.

Difficult as it may be you should resist drawing any conclusions or committing yourself to any particular course of action before you have had a chance to talk to all those concerned. 

#3 Depending on the seriousness of the bullying allegations and the state of mind of the staff member making the allegations you might also want to consider if it is appropriate to offer them time off, on full pay, whilst you are carrying out your investigation. You should then, if practical, put the allegations into some form of a statement for the employee to consider and sign. You should also assure them that they should remain on as an employee until the investigation is completed and a decision is made as to what action to take, if any.

#4 Following this, talk to the person who has been accused of the bullying behaviour.  This is clearly going to be an awkward situation and it is not uncommon for the person to express disbelief and shock at the allegations.  Again it is important that you give as much information on the allegations so that the person has time to consider them and respond accordingly.  You should also make it clear that you are merely conducting an investigation into the allegations and that this is not a disciplinary process.  Again, if possible you should get the staff member to prepare some form of statement in response to the allegations.  As with giving the alleged victim an option of time off, you may also have to consider a suspension on full pay of the person accused of the bullying if you feel the situation is serious enough for that course of action. 

It is essential that you assure the staff member who has been accused of bullying in the workplace that the suspension option is only because the work circumstances mean that it would be difficult for the two individuals to work together and not part of a disciplinary sanction.

#5 You should also take statements from any other members of staff or otherwise that either of the employees offer as witnesses.

#6 Once you have completed the process of taking the statements you will then have to consider if there are grounds to take the next step which is a disciplinary investigation.  The difference with this investigation is that you are taking an action on a staff member under your disciplinary procedure.  Again, if you don’t have a written procedure in place you have to make sure that you carry out the investigation fairly and give all parties as much information as possible as to what is being alleged and an opportunity to answer any claim made against them.

#7 Once the disciplinary investigation is completed, depending on the outcome of the investigation, you will then have to take the appropriate action against the staff member.  For example, if the allegations are found to be true and to be at the higher end of the scale you may have to consider a dismissal or a suspension.  For lesser offences you could issue a written or verbal warning on the clear understanding that if there is a re-occurrence that the possibility of dismissal is high.  This process will be a lot easier if you have in place a proper written procedure on how a disciplinary process will work, irrespective of the type of conduct by the staff member that requires action by the employer.As I mentioned at the start, investigating and addressing the accusation of bullying in the workplace is one issue. As an employer it is important to ensure you minimise your exposure to claims of unfair dismissal. The best way to do this is to clearly demonstrate a fair and rational disciplinary procedure. It should clearly set out the basis for the disciplinary action and the range of penalties that can be imposed. It should also provide for some form of internal appeal mechanism.  This is another reason why an employer should consider having another senior member of staff or an outside person carry out the initial investigation as the employer can be the person to hear the appeal.  Any allegations should be clearly explained to the employee concerned and they should be given a chance to respond fully to these allegations.  An employee has the right to be represented, if they wish, and if appropriate all allegations should be set out in writing.

Following on from this if an employer can show that a fair process was followed then it would be more difficult for a disgruntled employee to resign from their job and then bring an action for constructive dismissal.  A lot of constructive dismissal claims, where an employee resigns but claims that they were left with no option, are grounded on the allegation that the investigative and/or the disciplinary procedures followed by the employer were flawed and did not follow the employers own policies or if there were no policies did not follow the rules of fairness and natural justice.
 
Given the relative size of a lot of small businesses the reality is that investigations into these types of allegations are difficult, particularly as both the accuser and the accused often work in close proximity to one another.  The employer can also find it difficult because they don’t want to have to take sides or be seen to make the wrong decision.  If you feel that you are unable to be objective, you should consider getting another senior person unconnected with the situation to carry out the investigation or alternatively get someone from outside the business to do it who has some experience in these matters.  That way you will certainly be able to show that you took the allegations seriously and had a full and thorough investigation into the allegations.

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David Bell is Managing Director of The HR Department, outsourced human resources specialists for Irish SMEs.
 
The contents of this article are necessarily expressed in broad terms and limited to general information rather than detailed analyses or legal advice. Specialist professional advice should always be obtained to address legal and other issues arising in specific contexts.

At the start of this year we conducted a survey looking at the impact of social media in the workplace, employers' concerns and how they are dealing with the ever more blurred area of social media. We are delighted to announce that the research was revealed in an Irish Times article towards the end of the month, which you can read below. If you have any concerns regarding your company's social media policy and guidelines, feel free to get in touch.

Almost all Irish companies now use social media to promote their business, but just 19 per cent of them monitor usage despite concerns about it being used inappropriately by employees, a new study shows.
The survey reveals that 83 per cent of businesses have embraced platforms such as Facebook and Twitter, although only a third has restrictions in place.
According to The HR Department study of 420 small and medium-sized companies, 80 per cent of firms allow some or all of their staff to access social media sites for non-business purposes, even though 59 per cent aren’t sure of the benefits of doing so.
Some 57 per cent of firms surveyed said they worried about the impact of social media on productivity levels, while 41 per cent expressed concern about possible damage to their reputation.
Almost a quarter of companies who responded to the survey said they were afraid of confidential information being exposed on social media.
While businesses are concerned about employee use of Facebook, Twitter and other services, 73 per cent of Irish companies do not provide training on social media use and policy. In addition, a quarter of all businesses surveyed did not know what their social media policy covered.
Less than half felt their companies had enough experience to deal with HR issues relating to social media use, the study finds.
It also shows that 15 per cent of employers have had to take disciplinary action against an employee in relation to misuse of social media.
 
Copyright of The Irish Times Ltd.

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