Yesterday Ian Barratt of Mind Strengths Ltd published his “Seven Top Stress Management Tips for Employees”. Today I am publishing my “top tips” for employers hoping to avoid claims for stress at work from being commenced against them.
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Seven Ways for Employers to Avoid Stress at Work Claims
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Age Discrimination, Bullying & Harassment, Contracts of Employment, Equality, Personal Injury, Race Discrimination, Religion and Belief Discrimination, constructive dismissal, disability discrimination, stress at work
ACAS, bullying, constructive dismissal, discrimination, harassment, how do I cope with stress, HSA, HSE, Ian Barratt, Management Standards, MHSW, Mind Strengths, Personal Injury, Protection from Harassment Act 1997, stress at work, stress+management, TUC, victimisation
As promised last Monday, I am delighted today to welcome my first guest blogger, Ian Barratt (pictured, right) of Mind Strengths Ltd, to present his Seven Top Stress Management Tips on this third Monday of January, the allegedly most miserable day of the year. Ian is a qualified stress management consultant speaker and author. His book “The Phoenix Strategy”, co-authored with Amanda Robinson was published last October. Mind Strengths Ltd is a consultancy company offering workplace strress management , wellbeing and support services. Tomorrow I will look at how employers can minimise the risk of being sued for stress at work by employees.
Age Discrimination, Bullying & Harassment, Contracts of Employment, Equality, Personal Injury, Race Discrimination, Religion and Belief Discrimination, constructive dismissal, stress at work, unfair dismissal
constructive dismissal, discrimination, employees, how do I cope with stress, Ian Barratt, Mind Strengths, Miserable Monday, occupational illness, Personal Injury, Protection from Harassment Act 1997, stress at work, stress+management
The case of Grainger PLC v Nicholson UKEAT/0219/09/ZT gained lots of media coverage, including the front page of today’s The Independent (“Green beliefs win legal protection”). I covered the case when it was before the Employment Tribunal and Mr Nicholson initially won. The Employment Appeal Tribunal (EAT) has rejected the company’s appeal and held that Mr Nicholson’s belief in climate change is capable of qualifying as a philosophical belief within the meaning of the Employment Equality (Religion or Belief) Regulations 2003. These regulations protect workers with religious or philosophical beliefs from being discriminated against because of their religion or belief. This was a preliminary hearing on whether belief in climate change could qualify within the meaning of those Regulations. Mr Nicholson still needs to return to the ET for the case on its facts to be decided. That will include cross-examination of his beliefs to establish to what extent they govern his life.
This is a preview of
Climate change can be a philosophical belief
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Two recent cases before the Suffolk ET highlighted the risks that employer face when making redundancies. In this particular matter, Obikwu v British Refugee Council and Ukwaja v British Refugee Council (BRC), two (black) immigration workers were selected for redundancy by their employer, the BRC. The ET found in favour of both workers in April 2008, but it was only in the last few days that Mr Obikwu’s remedies hearing took place which settled the level of compensation to be paid to him. Ms Ukwaja’s case was determined last January.
This is something we will be hearing a lot more about over the next few months and years. At last the government has introduced legislation that seeks to rationalise the current miasma of anti-discrimination legislation and bring it all into one piece of legislation.
At the moment, in the workplace environment, six types of discrimination are outlawed – age, race, sex (gender), sexual orientation, religious belief and disability. Each piece of legislation behind each type is different in certain respects so a new Act that contains all the relevant definitions, duties and defences is to be welcomed. Whether, in practice, the Equality Act (if it gets that far) will be is another matter. Undoubtedly it will change as it goes through Parliament but here are the current headlines
Judging from the traffic on this site, redundancy is the big employment law issue at the moment and not surprisingly given the current climate. 1,000 job losses announced this week at Nomura, 650 at Credit Suisse and that on top of the losses at Goldman Sachs and Lehman Brothers. In my day job I am seeing plenty of people from investment banks and beyond, all with concerns and queries about either being told they’ve been selected for redundancy or are at risk. If you’re one of those people what do you need to know?