In the Know - 16th October 2023

Recognising World Menopause Day

With October designated as World Menopause Awareness Month, and World Menopause Day taking place on 18 October 2023, this is a great time for organisations to review their existing strategies, but also look at new initiatives that can be implemented to build upon this.

• More people than ever are getting comfortable with talking about menopause, but despite this, there are some that still feel uncomfortable and it’s important that employers understand why this might be the case so that they can encourage their employees to come forward.
• Holding menopause welfare meetings, or informal chats about menopause, and agreeing on a menopause action plan can be effective tools to help employees going through menopause to continue in work and avoid losing valued staff.
• Although there is no legal requirement to offer paid menopause leave to staff, employers should consider what action they can take to support those experiencing menopause and raise awareness of the impact that this can have on individuals in the workplace.
• A specific workplace menopause policy is recommended to set out the organisation’s approach to time off, reasonable adjustments to the employee’s role and/or working environment and resources available such as occupational health or an employee assistance programme.
• It is important to provide appropriate training to managers so that they know how to implement the menopause policy.
• Employers that create an open environment around menopause can help affected staff to continue to do their jobs confidently and effectively.

New ICO guidance on monitoring workers

With research it has commissioned revealing that 70% of the public find the idea intrusive, the Information Commissioner's Office (ICO) has published guidance to help employers fully comply with data protection law if they wish to monitor their workers. This urges organisations to consider both their legal obligations and their workers’ rights before they implement any such system in the workplace. Examples of monitoring include tracking calls, messages and keystrokes, and taking screenshots.

Did you know?

Organisations looking to monitor workers should have a lawful basis for processing their personal data, use the least intrusive means and make workers aware of the nature, extent and reasons for monitoring.

Updated fit note guidance for employers published

The Department for Work and Pensions (DWP) has issued revised guidance which explains the actions required if organisations are given a Statement of Fitness for Work (fit note) by an employee. The DWP points out that the Statement of Fitness for Work is used to record details of the functional effects of an employee’s health condition. The fit note should allow the employer and employee to discuss the employee’s health condition and consider ways to help them stay in, or return to, work.

Did you know?

Fit notes may be issued by doctors, nurses, occupational therapists, pharmacists and physiotherapists, where they have the relevant training and knowledge to make an assessment of a person’s fitness to work.

The unwanted comment about wearing makeup was harassment

The claimant, a waitress, was told by her manager that she looked tired and unpresentable so on her next shift she should wear some makeup. The manager denied making any such statement. At the employment tribunal, the claimant sought to submit results from a polygraph test (lie detector test). The tribunal decided not to admit the polygraph report as evidence but did find as a matter of probability that the manager did make the comment which was unwanted.

Did you know?

The tribunal found that the manager’s comment that on her next shift she should wear makeup was a sex-specific comment that would ordinarily not be made to a man and was harassment because of sex.

E-bikes and e-scooter issues for businesses

As e-bikes and e-scooters become increasingly popular among commuters, more are present in workplaces. As their popularity increases, so does fire risks. They should be included in your company’s risk assessment.

Create an e-bike policy for your business that informs your employees of what kind of e-bike or e-scooter they can bring onto the premises, and if they can leave them charging while they are working.

Did you know?

Include e-bikes and e-scooters in your health and safety policy to educate employees on the dangers of leaving them in charge and put measures in place to help mitigate hazards and risks.

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