As we are all aware the last couple of weeks has seen civil unrests on the streets in England and Northern Ireland fueled to a great extent by misinformation posted on social media and social media also being used to promote further unrest.
We do not believe it would be helpful to get into debate about the cause of the civil unrest or what steps can be taken to quell the unrest – we can leave that for the powers that be to debate, determine, and resolve. The last few days has seen a reduction in the number and severity of incidents but the aftermath of what has already occurred lingers on.
The outcome for some of those involved has seen a number of individuals imprisoned and we are likely to see many more dealt with by the justice system.
But what are the implications for HR?
What if we are located where a riot is taking place, or is anticipated to take place?
Employee safety must be a priority. You may need to close the business, or the police may advise you to close the business. You should consider:
- Temporarily ‘lay-off’ your employees without pay*, providing you have the contractual right to do so. (*Employees may be entitled to Statutory Guarantee Pay for the first 5 days of lay-off within a 3-month period – contact us for advice);
- Asking your employees if they can work from home;
- Asking your employees to temporarily vary their work location to a different workplace as a temporary measure.
What if an employee is involved in making social media post that incites the civil unrest, or participates in the civil unrest?
As an employer, you should have a social media policy, which sets standards of what information an employee is allowed to post on their various social media platforms that relates to the organisation. Therefore, if an employee is posting messages that are inciting the riots, then the question is whether any posts by an employee connects the individual with the employer.
What an employee does outside of work is generally a matter for the employee. However, if the employee’s behaviour outside of work brings the Company/employer into disrepute, then that may give grounds for disciplinary action.
If an employee is filmed at a riot throwing bricks etc., this does not automatically bring the employer into disrepute. However, if the employee is wearing a company uniform, with your organisation’s name clearly visible, then it might.
There is also a risk that the employee could potentially face criminal charges for their actions, and you may also need to consider the impact the employee’s participation or social media posts has on their relationship with colleagues within the workplace.
What if an employee believes it is unsafe for them to commute to work during this period of civil unrest?
You should meet with the employee to discuss their concerns. Consider what the options are:
- Could the employee work from home or a different work premises?
- Does the employee live near any colleagues, and they could come to work together, so the employee feels less threatened on their own?
- Could the employee adjust their start and finish time for a temporary period, so they are commuting at a less risky time (i.e., where a shift finishes in the evening, when the unrest is taking place).
What if an employee believes it is unsafe for them at work due to colleague’s belief?
You should meet with the employee to discuss their concerns. Look at whether it is appropriate to implement any measures to minimise any conflict within the workplace.
There is no place for discrimination the workplaces and everyone deserves to feel safe and included at work.
Consider if it is time to send a communication to the team/all staff to remind them of the Company’s rules regarding behaviour at work, and/or a reminder of the Equal Opportunities Policy / Equality and Diversity Policy / Equality, Diversity, and Inclusivity Policy / Harassment Policy.
Management Approach
Remember:
- Ensure you have all requisite and relevant information before deciding how to proceed. Avoid a “knee-jerk” response.
- Consider the nature of the employee’s behaviour, the employee’s role, for example if they are in a public facing role, and the impact their behaviour may have on the organisation’s reputation.
- If an employee’s behaviour falls below the expected standards, the organisation should conduct an investigation before determining whether disciplinary action should be taken.
- If an employee is arrested, it is important not to assume guilt. A preliminary investigation to ascertain the facts resulting in the arrest will normally be appropriate before suspension is considered.
- Finally, employers should consider their course of action on a case-by-case basis.
