The current civil unrest led by fascist , racist and anti-immigrant factions has a serious impact on people's lives. Employees are likely feeling anxiety, stress and uncertainty.
The minority of rioters does not represent the majority of the population, yet their actions are creating anxiety for all and creating a climate of fear for global majority/ BAME UK Citizens, global majority/BAME immigrants, other immigrant groups and members of the Islamic faith.
Employers legally have a responsibility to protect the heath and safety of employees. Beyond this, morally and ethically it is essential to speak up and reaffirm our committment to justice, humanity and equality for all.
The Chartered Institute of Personnel & Development (CIPD) have suggested some key actions for employers to take during times of uncertainty:
Communications: Create an open dialogue with employees. Be sensitive to employee concerns. Ensure employees know how to express concerns and where to direct questions or suggestions. Monitor the news, social media and government and police statements sharing with employees as necessary to ensure they are aware of any instructions to follow during a disturbance. Be sensitive to employee concerns.
Absence Management: A crisis event could mean that employees are grappling with injury or the loss of loved ones and require a leave of absence. f the absence becomes longer term, put in place arrangements to keep in touch with them and agree formal return-to-work plans.
Flexible Working: Flexible working arrangements can be useful for supporting employee health, safety and wellbeing through crisis events. Employees may feel unsafe during their commutes or going into the workplace if it is a target. Check the options available and consider if it is appropriate in the circumstances to offer other arrangements including remote working, flexi-time or reduced working hours. Alternatively employees can where possible adjust working hours and ensure nobody who feels vulnerable has to leave the workplace alone. Communicate the availability of any such adjustments clearly.
Conflict Management: Crisis events can be emotional lead to increased tensions in the workplace. Employers should seek to proactively manage and prevent disputes between employees and be alert to potential harassment, discrimination and bullying.
How should employers act if an employee is suspected of being involved in rioting?
The Chartered Institute of Personnel & Development (CIPD) warns in such cases the importance of not making a 'knee jerk' response without all of the facts.
Employee involvement can include a range of activities such as social media posts inciting violence, making discriminatory comments online or in the workplace, or possible footage of them participating in the riots.
Employers have a legal duty to report any criminal act to the police for them to take action accordingly. Be clear that you have all relevant information before you proceed.
Following a police referral HR will still need to conduct it's own investigation into any concerns using its disciplinary policies and processes. Suspension from work may be required while the investigation is carried out to safeguard colleagues.
All schools should either have a stand alone social media policy or guidelines should be incorporated into an IT Acceptable Usage policy including details of which actions, such as bringing the school into disrepute, potentially can lead to disciplinary action.
In the event that workers are actively involved as perpetrators, action will depend on how long the employee has worked the school. If an employee has two years’ service schools will need to ensure that you have a fair reason to dismiss them and follow a fair procedure to avoid unfair dismissal claims.
In general, employers must conduct their own investigations into claims and determine whether disciplinary action is warranted. Misconduct, where you can show the individual has broken their employer's rules or policies, or their conduct risks bringing their employer into disrepute or affecting their suitability to do their job, are examples of potentially reasonable reasons for dismissal.
Additional sources of advice and guidance:
Mental Health First Aid England has shared a list of organisations able to support your staff. You can find it here.
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