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KINDNESS IN THE WORKPLACE

A service ofDirect Law & Personnel

In This IssueKindness in theWorkplaceRemember: kindness is free...

Social Media in theWorkplaceRecommendations for helping

workers with social media

Redundancy and KindnessCan we be kind even whenundertaking redundance?

Top Questions for February

Question of the MonthWhat is IR35 and how might it

affect your business?

The Kindness EditionIssue 23

A recent study found that performingacts of kindness boosts wellbeing andpositive social emotions.The results ofthe study showed that kindness had apositive effect on the participantshappiness, life satisfaction, compassion,trust and social connection. Mostimportantly the research discoveredthat these benefits increased as thekind acts increased.

IS KINDNESS RELEVANT IN AWORKENVIRONMENT?Yes! As well as making for a betterplace to work, a culture of kindness canalso benefit the bottom line. Theculture of a business is important toboosting employee engagement,retaining talent and settingexpectations of how employees shouldact in the workplace.

Kindness can also be contagious. Ifa leader, colleague or employee isspreading kindness in the office, thisthen cultivates positive emotions,creating a more welcoming officeenvironment. A study tracked a groupof leaders and noted that the most

likeable leaders who expressed warmthwere also the most effective. Overallhaving kind leaders, colleagues andemployees overall helps to improvepositive business culture,creating a safeoffice environment where creativityand ideas are encouraged.

DOES KINDNESS INCREASE SALES?Deepening positive emotionalconnections in the office environmentcould lead to greater self-esteem and anincrease in confidence will impactpositively on sales. If employees trulyback your business philosophy and aredriven for success, this will lead tohigher sales and better customer service.

A study found that dissatisfiedemployees will drive customers away.Only 11% of consumers wouldconsider buying from a company againafter a bad experience with anemployee and almost half wouldactively warn others against theorganisation. This startling figuredemonstrates how important employeesatisfaction,wellbeing and engagementis for business.

March 2020

Kindness costs nothing but the effects are priceless!

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Read at DLP: https://www.dlp.org.uk/workplace-kindness

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SOWHAT RANDOM OF ACTS OF KINDNESS COULD BECARRIED OUT IN THE OFFICE OR IN AWORKPLACE?• Greeting everyone in the office when walkingin: a simple hello goes a long way

• Offering to make colleagues a beverage• Making time for colleagues who may need helpor checking that they are ok

• Showing appreciation and recognition whencolleagues have done a good job

• Being kind to yourself, whether that’s throughgiving yourself breaks or treating yourself

• Bringing in treats for employees• Celebrating key life events company wide• Taking part in charitable & fundraising events

We challenge everyone who reads this to do onerandom act of kindness for a colleague, family,friend or stranger.

Check out this post on our website for a greatvideo by Random Acts of Kindness!

SOCIAL MEDIA IN THE WORKPLACE

HOW FAR CAN COMPANIES GOWHEN TELLING STAFFWHAT THEY CAN AND CANNOT POST ON SOCIALMEDIA?A study revealed that 77% of employees access theirpersonal social media accounts at work which showsthere is a real need for a policy setting out what isexpected. The policy should cover employees ownpersonal accounts as well as the company’s socialmedia accounts and how it is handled.This may seemover dramatic but it is important for companies toreduce the amount of risk in terms of social media.

CONSIDERATIONSWHEN DEVELOPING A SOCIALMEDIAPOLICY1. Set out who owns what when it comes to socialmedia & ensure the ownership of the company’ssocial media accounts belong to the business.

2. Issue guidelines on what employees can and can’tpost on social media.

3. dentify those members of staff who will participatein social media on behalf of your company andassign roles.

4.Make it clear that the social media policy appliesto employees whether they’re posting inside or outof the workplace.

SOCIALMEDIA AND MENTAL HEALTHAs well as looking at the dos and don’ts of socialmedia in the workplace, it’s also crucial to look at theeffects of social media on mental health.

• In 2018, the average time spent on social mediaaveraged 136 minutes a day (Clement, 2019)

• Social media has been described as more addictivethen cigarettes and alcohol (Royal Society forPublic Health, 2017) although the nature ofaddiction is complex.

Evidence is emerging of links between increasedsocial media use and mental health problems as itencourages unhelpful social comparisons.

It is important for the care sectors and peopleemployed within case to be mindful of the possibleeffects of social media on vulnerable people,particularly when people’s distress relates to how theysee themselves. Social comparison on social mediacan reduce self-esteem and some employees andclients may benefit from education around this.Asking people about use of social media could behelpful as a routine part of everyday meetings androutine health assessments for care workers.

WHAT CAN YOU DO IN THEWORKPLACE?• Talk to employees regularly• Ensure that mechanisms are in place to supportemployees

• Refer to Occupational Health if you notice anywarning signs from employees

If you have any concerns or questions please do nothesitate to contact us!

We couldn’t focus on this issue of the newsletter without looking at social media in the workplace and the detrimentaleffect that this can have when employees post negative things about a company or other employees.

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REDUNDANCY AND THE LAW OF KINDNESS

In today’s climate, being made redundant is becomingmore and more prevalent and everyone knowssomebody who has recently been through aredundancy or change process.

In 2019, 106,000 redundancies occurred comparedto 155,000 in 2010. Although the numbers havereduced, the number is looking likely to increase asjobs change or diminish due to technology andemployers needing to be more efficient.

Obviously redundancy can be a very upsettingsituation for affected employees as it affects theirability to earn money, their livelihood and the sense ofbelonging to something. The future for them andperhaps their family—work, home, schools, money—may be very uncertain. Low self-esteem anddepression can result, with a similar effect tobereavement. For both Manager and Employee it isoften a far worse experience by the way the process ishandled.

SO CAN AN EMPLOYEE BE MADE REDUNDANT KINDLY?We think they can!

Losing a job is never going to be easy but the waythat the process is carried out can make a hugedifference to employees.Managers are not always surehow to handle the situation and they may appear coldand aloof. However, if the redundancy is genuine andthe business grounds are sound, there is no need forsecrecy and coldness. In terms of paperwork, it is

obviously necessary during a redundancy process butit should be kept to a minimum. Letters should bebespoke for each individual and written with theperson in mind and their own individualcircumstances rather than just a standard templatedletter.

The old saying, “Treat others how you would expectto be treated” applies to redundancies and all HRprocesses. If Managers follow this then mutualrespect and dignity can be preserved while ticking allthe right legal boxes.

SOWHAT CAN EMPLOYERS DO TO MAKE THE PROCESSMORE EMPLOYEE FOCUSSED AND “KIND”?• Treat employees how you would want to betreated. Show respect and empathy.

• Communicate, communicate and communicatesome more…

• Listen to employees and what they have to sayabout the situation and be open to their ideasabout ways to avoid the redundancy

• Be as flexible as possible in terms of employeesideas and suggestions

• Be open and honest about the process and thereasons why the redundancy situation has arisen

• Be approachable, open and honest in all of themeetings with employees.

If you need support with a redundancy or changeprocess please call your Legal Advisor.

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WHAT’S CHANGING?• Clients will be responsible for determining whether or not

a contract assignment comes under the IR35 legislation.• Clients must take ‘reasonable care’ when working out

employment status. Unfortunately, there is no cleardefinition of this term, which is why clients are likely toerr on the side of caution. HMRC has an onlineemployment status tool,CEST.

IR35 CHECKLISTBelow are some of the factors HMRC will consider whenrunning an IR35 test• How contractors are paid -To stay outside of IR35, self-

employed contract workers tend to be paid on a project-by-project basis, which is usually when work reaches aspecific milestone or comes to an end.

• Running a business on their own terms - Having awebsite, dedicated office space and employees all goes inthe Contractors favour of showing that they are runninga business of their own accord.

• Equipment use – if contractors use their own equipmentthis usually indicates that they are not an employee.

• Contractor remains separate from client business - If acontractor becomes an integral part of a business’sstructure,such as havingmanaging employees who reportinto them,this indicates an employee status as opposed toself-employment.

• Exclusivity - One of the major perks of being a self-employed contractor is that you can work for more thanone client at once. However, if you’re deemed to beworking exclusively for one client only over a prolongedperiod of time,HMRC could view this as an employee-employer relationship,meaning you fall within IR35.

• Substitution – the right ofsubstitution supports theposition that thecontract is for thecompletion of aproject rather than theservices of anindividual. This means thatanother individual could be sentin to complete a particularproject.

You can find more informationabout the April 2020 changesfor off-payroll working andwho it affects.

RECENTCASETelevision presenter Eamonn Holmes has been defeated byHMRC at an IR35 tax tribunal.Holmes failed in his appealagainst HMRC’s tax assessment concerning engagementsbetween his limited company, ‘Red, White and GreenLimited’, and ITV during the 2011/12 and 2014/15 taxyears.The decision was given in principle with the parties yetto agree on tax figures due.

Tribunal Judge HarrietMorgan concluded that there wassufficient mutuality of obligation (MOO) and “at least asufficient framework of control to place the assumedrelationship between ITV and Mr Holmes in theemployment field”. This was in spite of the “considerableautonomy” that Holmes was considered to exercise in howhe prepared for and presented ITV’s ‘This Morning’.

First introduced in 2000, IR35 is designed to reduce tax avoidance by contractors who HMRC believe to be“disguised employees”—people who work in a similar way to full time employees but bill for their services via theirlimited companies to make their business as tax efficient as possible.

Question of the MonthWhat is IR35 andwhat do the upcoming changesmean for our organisation?

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TOPQUESTIONSFOR FEBRUARY2020