A round up of the latest HR and Employment Law updates.

DBS AND MENTAL HEALTH AWARENESS – TIME TO REVIEW POLICIES

Revised government guidance will mean that “great caution” must be exercised by police forces when disclosing detention under the Mental Health Act, even where an enhanced DBS certificate has been applied for.

This is part of the government’s aim to reduce the stigma often attached to mental illness and the new guidance makes it clear that an instance of detention, in itself, may not be enough for disclosure of an applicant’s mental health issues. Instead police forces must now

• look at whether it is “relevant or proportionate” to the applicant’s suitability for a role
• consider whether they should first contact the applicant so that his or her current mental state can be discussed.

Other factors which will be taken into account will include:

• how long ago the detention occurred and
• whether there was any accompanying violent or threatening behaviour

From your practice’s point of view this will mean revisiting the following

• Recruitment
• Disability and
• Health and safety policies

This is to ensure that they are up to date and take into account the implications of the guidance when dealing with relevant employees.

IS ACAS EARLY CONCILIATION WORKING?

The ACAS Early Conciliation scheme which began in April 2014 has just published statistics regarding its first year of operation. The scheme means that most individuals (there are some exceptions) must first notify ACAS before submitting a claim to an Employment Tribunal. This is to enable ACAS to try and assist both parties to resolve issues on the basis that “reaching a settlement through conciliation is quicker, cheaper and less stressful for all concerned than a tribunal hearing”.

The ‘Evaluation of ACAS Early Conciliation 2015’ report found that:

• 83% of all users (claimants, employers and  both sets of representatives) were satisfied with the relevant services
• 63% of Early Conciliation notifications didn’t go to Tribunal
• 15% resulted in a COT3 settlement (a formal agreement aided by ACAS)

More than half of the claims that did go to Tribunal also eventually settled with a COT3 settlement

However, it is always best to avoid becoming an ACAS statistic by having a transparent and robust discipline and grievance policy in place which takes the relevant ACAS guidelines into consideration.

DO YOU VALUE YOUR EMPLOYEES?

A survey of British workers undertaken by PR organisation Lansons has shown that when at work

• 25% of workers don’t feel valued
• 22% do not feel comfortable giving their opinions

The same survey shows that 63% do expect to be with the same employer in 12 months time but that drops to 27% when asked if they still expect to be there in 5 years time, despite the fact that 53% have had a pay rise this year.

Retention of good workers is important for your practice so now is a good time to look at your practice’s retention policy. Make sure that you have reviewed/included recent “family friendly” changes like flexible working and increased rights for new parents and those considering adopting.

See also this earlier article about PM Stress at Work