THE EZHR WEEKLY UPDATE 12th September 2023

The non-start of Returnships

Despite the fanfare and the opportunity, Returnships are gone, they are a former policy, return ships are no more, and they are as dead as a parrot.

in an interview with The Yorkshire Post the Education minister Nick Gibb, explained that the revised policy is to signpost older workers to already available training. This includes the Department for Work and Pensions Midlife MOT website, as well as apprenticeships and skills boot camps that are designed as an alternative to university for young people.

The most surprising aspect of this is the fanfare that this policy was sent out with and the quietness of which it has been amended, There are still options for employers to engage older workers but you will need to go through the established processes and programmes that are in place.

 Bad references

A geography teacher was unfairly dismissed and then victimised after failing to return to work after a period of absence due to “work-related stress” and then receiving a “damning” reference from his employer, a tribunal has ruled.

The tribunal determined that the employee was unfairly dismissed because of the school’s handling of its formal processes and its failure to wait until after the end of his current absence before making a ruling.

The judge also ruled that the employer was guilty of victimising the employee after they provided him with an “unusually damming reference” that had a “punitive flavour”, and deemed that the negative review had been motivated by claims the employee had made against their employer regarding racial discrimination.

With any period of conflict with an employee, it is imperative that you follow your processes. Despite any frustration that you may have about their attitude and approach, standards are clear and must be followed. To fall below that then take action that could be deemed to be a personal attack is only going to expose you to more risk. As challenging as it can be, sometimes the safest and most cost-effective way to resolve a situation is to work through the process and move on as quickly as you can.

Harassment of contractors

A former HM Prison and Probation Service (HMPPS) contractor who was subjected to monkey chants and other racial abuse has received a financial settlement from his former employer.

The Equality and Human Rights Commission (EHRC) explained a contractor used by the Probation Service in Reading was subjected to racial abuse in 2019 by another contractor, who made monkey chants towards him as he was speaking with colleagues.

This sets out a reminder that third-party contractors still have rights and the employing business still has obligations, Even if they are a contractor or worker, if they are engaged directly with you still have a responsibility to engage with a worker on their concerns. Just waving away an issue and putting someone back in the same situation does not resolve and in reality, just makes things worse. You can be held liable for failing to address this and subject to legal action, plus fines.

If you have any questions on this issue please don't hesitate to contact us at info@ezhr.uk or 0161 843 5678.