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.

Diarmuid Moran the owner of www.bowline.ie, a company we've had the pleasure of working with on a number of occasions. Diarmuid's message is simple: Every workplace can be safe and productive and all employees and visitors need to be protected by basic health and safety standards.

I was recently called by a distraught employer who had an unfortunate accident. In light of this event, I decided to write a simple memo and a 3 item check list that could prevent many workplace accidents in SMEs.

#1. How recently have you reviewed and updated your Safety Statement and health and safety communication to all employees?  What has changed? Who knows what is in the old Safety Statement and do employees discuss overall safety reviews  and leadership?

#2. Are there adequate records and refreshers for all employees in the area of Employee Training and Competence; do the managers and supervisors know how to manage safety? Does everybody have an up-to-date training record covering equipment / plant / vehicles / tasks / maintenance / materials and normal and emergency duties.

#3. Are the Hazard assessments, associated resources and control systems  (e.g. fire safety / exits / PPE) up-to-date and functional.  This depends on the complexity and risks of your organisation and work locations. Offices may be low risk but still require basic fire safety, lighting & electrical systems.  Distribution, retail and logistical activities require manual handling, equipment and fleet safety controls.  While manufacturing, workshops, processing, construction, entertainment and associated activities will have more detailed Risk Assessments, training and control systems.

When reviewing the above three items do not make an assumption that all is fine and has been the same for a number of years. Take a view based on a recent intern or work experience perspective. Was that person adequately aware and protected in your business?  Is your “safety at work” programme limited to one person or one type of document or training situation?  If so, that may not be adequate - review or draft a plan and do something to refresh and expand the 3 items detailed above.

 
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.