Centric HR Limited’s Post

A positive news has just hit the deadlines: Employment tribunal cases related to company Christmas parties have decreased by 54% over the past three years, dropping from 22 cases in 2021 to 10 cases in 2024, according to analysis by HR consultancy Hamilton Nash. The decline may be due to fewer office Christmas parties and reduced alcohol consumption at these events. In 2021, cases related to Christmas parties reached an eight-year high. Many of these cases involved issues like sexual discrimination (32% of cases), sexual harassment, and inappropriate behavior triggered by alcohol consumption, which was often provided by the company. Tribunals have held companies accountable for misbehavior at these events, with 43% of sexual discrimination cases upheld. One significant factor contributing to future cases may be the Worker Protection Act 2023, which imposes a duty on employers to take proactive steps to prevent sexual harassment in the workplace, including incidents involving third parties such as clients or contractors. This could particularly impact the hospitality sector, where employers might be liable for incidents involving intoxicated clients during company events like Christmas parties. The Worker Protection Act 2023 also increases potential liabilities for employers. If harassment occurs and the employer has failed to take reasonable steps to prevent it, the tribunal may award up to 25% more in compensation. This applies to all compensation under the Equality Act, not just the harassment claim. Examples of past cases include: A rape case after a site manager at Crest Nicholson sexually assaulted an employee at a work Christmas party where unlimited alcohol was served. The tribunal found the company liable for failing to implement safeguards at the event. A workplace injury case where a pub manager was put in a headlock by a colleague, rendering her unconscious, followed by dismissive treatment of her complaints. Jim Moore, an expert at Hamilton Nash, emphasized the need for businesses to be more proactive in ensuring safety at Christmas parties, warning that they could be held responsible for misbehavior that occurs at such events.

🎄 📢 'Tis the season to be jolly - but perhaps not too jolly at the work Christmas party... Employment law expert Patrick Walshe warns: "You have disagreements among staff—often fueled by alcohol and, at the more serious end of the spectrum, instances of harassment." More on this story: https://bit.ly/3Vth4Rw Staff training on the topic of Workplace Harassment is key to creating a safe, inclusive environment, even during festive events. Find out more here: https://bit.ly/3D7eHO9

🥂 The evolution of the Christmas party from a risk perspective: as we enter peak Christmas party season, interesting new data shows that Employment Tribunals stemming from company Christmas parties have fallen by half (54%) in three years. In the wake of the new duty to prevent sexual harassment taking effect in October, it will be interesting to see whether this trend continues, and how employers’ approach to risk management evolves in response to the new legislation. I predict we will see an acceleration of the existing trend away from events where alcohol is central. Alongside the increasing focus on wellbeing in the sector, the legal industry has in many ways led the way among professional services in expanding the experience of the traditional office party. Firms are increasingly hosting more experiential, activity-based and inclusive alternatives, including organising more alcohol-free events. Any drive to find inclusive, fun ways to bring colleagues together at this time of year is to be welcomed – and with that in mind – I am looking forward to a fun afternoon with my Byfield colleagues later, playing vintage arcade games! 🕹️ 🎄 https://lnkd.in/e2UtJV_w

A woman who complained of "unwanted and inappropriate physical contact" by a colleague during a Christmas party has accepted settlements totalling £36,000, BBC News reports. It continues: “Fernanda Hermosilla, who works for the Northern Ireland Human Rights Commission, [attended] its staff dinner in December 2022. Ms Hermosilla said she was going to speak to another colleague when she "felt someone grabbing me from behind and pulling me, as if to make me sit on his lap". "I was mortified, I was so embarrassed because I didn't know the people well at that stage, so it was so humiliating," she said. Ms Hermosilla said she had been reluctant to make a complaint because she was new to her role. The commission investigated the matter after another colleague, who witnessed the incident, lodged a formal complaint. During the investigation Ms Hermosilla told her employer about an earlier incident of inappropriate touching, that happened a few weeks before with the same colleague at a non-work event in a Belfast nightclub. Ms Hermosilla was not satisfied with how the disciplinary process was handled as she still had to work remotely with the accused during the investigation [so] began legal action. She settled her case against the colleague for £21,000 and accepted a further settlement of £15,000 from her employer. The cases have been settled without admission of liability. As part of the settlement, Ms Hermosilla and the colleague have agreed to put the matter behind them and work together going forward, including face-to-face if necessary. They also agreed that mediation was not needed. The colleague has apologised for any upset caused. Geraldine McGahey, chief commissioner at the Equality Commission for Northern Ireland, said "Employers need to have the policy and procedures... they need to send out timely reminders because we're in Christmas time, loads of social events, whether they're organised through employers or through a group of colleagues, they are still work events. Everyone needs to know how to behave”.” Robinson Ralph says: Since 26 October, there has been a new duty on employers to take reasonable steps to prevent workplace sexual harassment. Employment Tribunals will be able to increase compensation by up to 25% if an employer has breached their duty. To comply, employers must ensure their policies are actively implemented through comprehensive training. Luckily, we offer a comprehensive half-day training session, which covers: ✔ Overview of the Equality Act ✔ What is harassment? ✔ Examples of sexual harassment ✔ Duty to prevent sexual harassment ✔ What are ‘reasonable steps?’ ✔ Banter ✔ Effects of sexual harassment ✔ Consequences for employers ✔ 5 x Scenarios If you would like to arrange a session, please: 📞book a chat with us here: https://lnkd.in/epeyrqef Or 📨 email training@robinsonralph.com to check availability. #sexualharassment #employmentlawtraining #employmentlawyers #humanresources

When investigating allegations of employee of misconduct, employers must be mindful to be prompt, thorough, and rely wherever possible on direct evidence. One employer learned this the hard way when, in a decision handed down yesterday, Deputy President Colman of the Fair Work Commission held that all eight allegations of bullying, discrimination, and inappropriate behaviour relied on by the employer to support an employee's dismissal were unsubstantiated. The employee was provided with eight discrete allegations to which to respond, including that she had bullied one worker by reducing their hours, raised her voice at another, and discriminated against another worker because of their Muslim faith. In a rather robust decision, the Deputy President pointed out that almost none of the evidence relied on by the employer to support its case came from the complainant workers. Rather, the employer relied on evidence which was "scanty, conclusory, and largely second hand." On the point of the evidence being conclusory, the Deputy President noted that the employer appeared to take the complaints what workers "felt" bullied or discriminated against as being conclusive of the fact that they were, indeed, bullied and discriminated against. He made this point particularly clear on the allegation of discrimination, stating that the duty of the employer is "to investigate the matter and reach a reasoned conclusion as to whether, on the balance of probabilities, the allegation is actually true. It is unreasonable and unfair to presume that it is. The fact that there may be multiple allegations does not lower the standard of proof." It certainly did not help that the discrimination was alleged to have occurred sometime between May and October 2022 (what the Deputy President described as "hopelessly imprecise"). This was something of a pattern, with the most recent allegation against the employee dating to January 2024, with the employee being dismissed in June 2024. A thorough, professional investigation at the time could have saved the employer a lot of trouble, either by reaching the same conclusion as the Commission and avoiding the disciplinary process entirely or identifying sufficient cogent evidence to allow the employer's case to be better made. Although some employers may baulk at the idea of investing in a process that might yield an inconvenient outcome, it is often better to take the time early than having to invest in (losing) legal proceedings later. Harold Downes Jamie Wells Stacey Van der Meulen Sam Dekker Elias Jeha Hannah Edwards Linda Quain John Farren #fairwork #fwc #unfairdismissal #ir #industrialrelations #hr #humanresources #workplaceinvestigations #investigations #employmentlaw #employment https://lnkd.in/g2NnJsyd

This is a great summary of this interesting case by Alexander Millman over at Mills Oakley. This case demonstrates common mistakes that are made by employers and some workplace investigators alike - jumping to conclusions based on assumptions and without direct evidence. By coincidence, I posted just this morning here on LinkedIn about how investigators should be careful when dealing with hearsay, opinion and tendency (or similar fact) evidence in a workplace investigation. I'll put a link to that post in the comments below. The case is also a reminder to employers that when defending an unfair dismissal application in relation to a dismissal for misconduct, that the employer carries the evidential burden of proving at the hearing that the misconduct relied upon to ground the dismissal actually occurred. Finally, I think it's an interesting for another reason - the way in which the applicant's failure to mitigate her loss by applying for other jobs reduced what was looking like an order for 6 month's compensation to just 6 weeks. I commend a read of the full decision (it's only 9 pages). #employmentlaw #humanresources #pointyendofhr #gettingbeyondhesaidshesaid

What to do when you have problems at work... If you have a problem at work, it’s usually best to start by talking to your employer about it. You might be able to sort out the problem informally. Preparing what you want to say: Before you talk to your employer, you should think carefully about what you’re unhappy about and what you want to say. This will help you to remember everything when you meet with them. Gather together anything relating to your complaint - like the date and time of the incident, any conversations you’ve had about it since then and any emails or letters you can find that relate to your problem. This can help you clarify exactly what your complaint is, and make it easier to discuss when you need to. You should also think about what you want your employer to do about it. Meeting with your employer: Arrange a meeting with your manager or supervisor to discuss the problem. If you don't feel comfortable talking to them, ask someone from the HR department or another manager. You can ask if someone can go to the meeting with you if you don’t feel able to go on your own. This could be a friend, colleague or your union rep. Your employer doesn’t have to agree to this, though. At the meeting, tell your employer what you’re unhappy about. Tell them what you think should happen and show them any evidence you have to support your position. For example, if you didn’t get holiday pay, show them what your contract says about this and your payslips. Keep a note of what was said at the meeting, particularly of any action your employer agrees to take. If your employer agrees to do something, make sure they set a date for doing it so that you can chase them if necessary. Writing to your employer: If talking doesn’t solve the problem, it might help to send an informal letter or email. You can send it to your manager or supervisor, a more senior manager, or your HR department. Mention what’s happened, including what you’ve already done to try to resolve the problem and how your employer can solve the problem. Include copies of any evidence, such as emails or letters from your manager. If talking to your manager doesn't help: If your letter doesn’t get the response you’re hoping for, or you want the problem dealt with more formally, you could raise a grievance. Your employer should have a formal process for dealing with grievances. If you are an employer or someone who fields calls for your employer remember to always be honest and transparent, even if the news is not the best. Communication is the key!

Ah, Love Actually—the heartwarming holiday classic that, upon closer inspection, doubles as HR & an Employment law firm's dream buffet. It's a chaotic workplace wonderland where inappropriate behavior flourishes like mistletoe at the annual Christmas party. Let’s dive into the very naughty list of HR violations in this festive fiasco, and why your organization should have us on speed dial to avoid a similar fate. 🔟 The Prime Minister & His Assistant: A Political Scandal Waiting to Happen You’d think the leader of a nation would understand workplace power dynamics, but no. Prime Minister David develops a crush on Natalie, a junior staffer. Cue public nicknames like “chubby” being tossed around (hello, body-shaming) and some decidedly unprofessional boundary blurring. Sure, they end up kissing at the school play, but imagine the fallout when the tabloids get ahold of this workplace romance. 👁️Harry, Mia, & the Affair That Launched 1,000 Side-Eyes Alan Rickman’s Harry is the perfect example of what not to do when managing a flirtatious employee. His assistant Mia is brazenly suggestive—lingering stares, provocative questions—and Harry indulges it by gifting her a necklace. Meanwhile, his wife, Karen, is left with a CD and a heartbreak that HR would definitely have to mediate. This isn’t just about cheating—it’s about creating a toxic work environment where favoritism reigns supreme. 🥰 Mark's Creepy Obsession: Personal Boundaries, Much? Mark, who works closely with his best friend Peter, spends the entire film secretly lusting after Peter’s new wife, Juliet. He even shows up to her house with giant cue cards to confess his feelings. Cute? No. Imagine this happening in an office setting: an employee showing up at a coworker’s home to profess love in a way that screams restraining orde 🥪 Colin’s Gross Misuse of Work Resources Colin, the sandwich delivery guy, uses his job as an excuse to spout inappropriate pickup lines at every female colleague. When his “charm” doesn’t work, he blames British women and uses his savings to fly to America in search of more “friendly” prospects. This is workplace harassment in its simplest form, and someone in HR would’ve had to shut it down faster than his failed flirting attempts. At Wilford Smith, we believe your workplace can avoid becoming the sequel to Love Actually. From ironclad workplace dating policies to harassment prevention training, we’ll help you keep your office drama-free. Let’s ensure your holiday party features zero Tribunals, no inappropriate gift exchanges, and no colleagues proclaiming love via cardboard signs. Because love might actually be all around—but your HR team should be, too. Call us today. We’ll make sure your workplace is more "silent night" than "HR fright. To Me we are Perfect #hr #employmentlaw #loveactually #christmas

Same thing happens with mostly chetu employees and there is no transparency between employee and company every month change rule and no aware with employee. No life insurance for employee if something worng happens with you not financial help from company. When they want to release immediately HR call end of month and before leving the office in Cabine and told management want to release you immediatly you can go this is your last working day and submit your id card do not talk anyone treat like you are the enemy of the company. In the name of benifit basket all cut from employee salary like food transport and housing benifit all 50% pay from employee all these thing not discussed with employee before join the company. HR dont told about bond it is mention on your offer letter after join you can not leave the company but company leaves you anytime. There is no job security in Chetu, Inc. In the name of training on saturday one thing repeat again and again which is curd operation these type of time wasting training is doing. No one asked question freely all QA seassion is scripted. Company work like goverment if you asked anything you will be next to release by company.

Subject: Ensuring Fair Treatment in Employee Termination As HR professionals, we are committed to upholding ethical standards and ensuring fair treatment for all employees. It is deeply disappointing to hear that some organizations, such as Chetu, Inc., are reportedly withholding salaries and relieving letters from employees upon termination, especially when the termination is due to salary increment. Withholding earned salaries and necessary documentation not only goes against ethical HR practices but also undermines the trust and respect that employees have in their employers. It is our responsibility to ensure that every employee is treated with dignity and fairness, even during challenging times. We urge all organizations to adhere to ethical standards and ensure that employees receive what they rightfully deserve, including their earned salaries and relieving letters. Let’s work together to create a respectful and just work environment for everyone. #hr #employeerights #fairtreatment #ethicalhr #workplaceIntegrity