The recent social unrest has been described by the Metropolitan Police as “one of the worst spates of violent disorder in the last decade”. Employers are facing a distinctive challenge to manage their workforce by providing a safe and supportive work environment whilst still dealing with any employee suspected of being involved in the riots.
In this article, we have set out some recommendations for how employers can provide consideration and adopt best practices to help navigate this unique and difficult set of events.
Employer’s duty of care to employees
The Chartered Institute of Personnel and Development (CIPD) has provided recommendations and Rachel Suff, employee relations adviser at the CIPD, stated:
“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.”
Employers have a duty of care to employees, which includes providing a safe working environment for all, including those employees who may be feeling particularly vulnerable. Some practical measures that employers could adopt may include:
- Adjusting working hours or office location if possible;
- Allowing more working from home;
- Safeguarding the work building as much as possible;
- Reorganising internal and external meetings and appointments as necessary;
- Reminding employees on how to deal with workplace conflict;
- Supporting employees on how to keep themselves safe and a guide of how to report confrontation or harassment;
- Assisting employees in planning safe routes to and from work and providing them of any emotional support available, such as through an employee assistance programme.
Having a business continuity plan and communicating any changes to employees will help to have an organised approach and create a sense of calm and reassurance for the employees whilst at work.
Handling employee’s involvement in unrest
A further key challenge will be in situations where employees are first-hand implicated in the social unrest for example, through social media posts encouraging violence, discriminatory remarks made at work or online, or video evidence of their participation, Suff emphasises the importance of a cautious and measured approach by employers before taking any action.
As an employer, it is essential to have clear policies and procedures surrounding behaviour at work as well as posts on social media and what is acceptable and what is not.
If you find one of your employees is arrested, then you should not assume they are guilty unless they are charged. Depending on what they are arrested for and what their job role is suspension may be considered. It is advised to handle any of these issues on a case-by-case basis and to implement disciplinaries where necessary. It will be important to follow a clear disciplinary procedure and carry out appropriate investigations, as would be expected in any disciplinary matter. The added difficulty however will be if an employee is remanded into custody pending sentencing or trial. This may pose a challenge for employers to carry out a full investigation that takes into account the employee’s own version of events.
In cases where employees are directly involved in the unrest, employers must tread carefully. Suff advises:
“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.”
She further emphasises the importance of clear policies:
“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.”
Comment
As the situation evolves with more riots being organised and the social unrest still very much felt by all, employers must remain vigilant and adaptable. It’s essential to balance the need for business continuity with the legal and ethical responsibilities towards employees. We recommend that businesses review their policies, risk assessments, and contingency plans in light of these events. Further to communicate to their employees what is acceptable in the workplace, the standard and behaviour expected, and the support that is available.
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Ruby Rai is a Senior Associate in our expert Employment Law team, advising on a wide range of employment matters, including TUPE, redundancies, and senior-level exit strategies, drafting policies, procedures, employment contracts and settlement agreements.
For specific legal advice tailored to your organisation’s needs, please don’t hesitate to contact Ruby or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
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