Posted by Ann Caluori | Mon, 21/02/2022 - 13:29
Top ten tips for avoiding legal problems in happy and healthy workplaces from legal expert Professor Diana Kloss MBE:
- Perform/update risk assessments for both physical and mental health, consulting HSE guidance.
- Appoint a board member with responsibility for health and safety and a board member with responsibility for human resources.
- Institute controls of health and safety risks, monitoring of controls, information and training of employees, and health surveillance for certain identified risks, e.g. exposure to a hazardous substance, noise, vibration etc., consulting HSE guidance.
- Create/regularly review disciplinary/capability/ grievance policies and procedures, consulting Acas guidance.
- Create/regularly review data protection policies and procedures, consulting Information Commissioner guidance.
- Create/regularly review policies on equality and diversity in the workplace, and establish procedures for dealing with complaints and grievances, consulting guidance from the Equality and Human Rights Commission.
- Give regular training to employees, especially HR and line managers, in relevant policies and procedures. Train line managers and HR in dealing with difficult conversations, especially about mental health and disability. Institute regular performance reviews and rewards for good performance, such as promotion, bonuses, additional days holiday etc.
- Provide support for the health and wellbeing of the workforce, such as an occupational health service, an employee assistance programme, an employee wellbeing programme etc. Provide safe and clean premises, toilets, canteens, rest facilities etc., as is practical for the particular workplace.
- Ensure that employees take the holidays to which they are entitled. Be sympathetic to requests for flexible working if practicable.
- Ensure that the employer has access to reputable specialist lawyers in the event of legal difficulties and, if possible, employ in-house lawyers or build up a relationship with a particular firm or firms. Obtain legal advice on the drafting of contracts, and policies and procedures, and at an early stage if a potential legal claim is threatened. Consultation with a lawyer and their advice is confidential as it is covered by legal professional privilege.