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The month of January is becoming more commonly recognised as ‘Veganuary’ which sees people trial a vegan diet or lifestyle as part of their New Year’s resolutions. While such a spontaneous change in your behaviour probably doesn’t constitute a philosophical belief in law, it does make this month’s court ruling about ethical veganism a timely issue \u2014 especially veganism at work.<\/p>\n
In the first full working week of 2020, the judge in a landmark legal case<\/a>, found that ethical veganism did satisfy the Equality Act 2010 definition of a protected characteristic. Religion and, importantly, philosophical beliefs,<\/em> are protected by law. In this instance, the overall lifestyle of the employee demonstrated a clear commitment to living a wholly vegan lifestyle.<\/p>\n The judge’s decision hasn’t concluded the crux of the employment tribunal \u2013 that is still to be heard later this year. However, it has opened the door to potentially significant issues for businesses to think about when it comes to veganism at work.<\/p>\n It means that, just as with other protected characteristics, you cannot discriminate against an employee because of their philosophical beliefs about veganism which lead them to a complete lifestyle in accordance with those beliefs.<\/p>\n With this said, it doesn’t mean that a choice to follow a plant-based diet for health or environmental reasons is automatically sufficient to meet the tests and measures of the Equality Act 2010<\/a>.<\/p>\n The test to ascertain whether a person may be afforded legal protection may be specific; case by case. The tests applied in this month’s case were:<\/p>\n Ethical veganism will require you to examine your policies<\/a> and processes. Perhaps you’ve already thought about the obvious issues around harassment in terms of jokes about vegan beliefs, and the provision of suitable food either in the workplace or at work events.<\/p>\n But have you thought about the following:<\/p>\n Furniture and toiletries<\/em><\/strong><\/p>\n Failing to offer vegan-friendly alternatives to leather furniture or products that are not suitable for vegans might be considered indirect discrimination. For those of you in warehouses, make sure you’re not supplying leather workboots!<\/p>\n Pensions, investments and employment benefits<\/em><\/strong><\/p>\n As is the case with accommodating religious beliefs, when it comes to veganism at work, you may face challenges if the companies your funds are invested in, or who provide your employee benefits conflict with the ethical beliefs of an employee. A potential solution to this is to offer all employees the option to choose their own ethically agreeable investments.<\/p>\n Inappropriate influencing<\/em><\/strong><\/p>\n This issue could work both ways with either pro or anti-ethical veganism applying undue pressure to sway or influence others within your business. It is equally possible that employees on either side of the topic may feel that they are being put under unacceptable pressure to change their behaviour or belief.<\/p>\n Victimisation<\/em><\/strong><\/p>\n With rising numbers of people choosing to follow a vegan lifestyle, the likelihood of complaints can also be expected to increase. Concerning veganism at work, unlawful discrimination might be disproved, but if your handling of the matter isn’t up to scratch, you could also face a claim of victimisation.<\/p>\n While we await the outcome of the tribunal and clarity of the full implications, it makes good business sense to work on creating an inclusive workplace that respects everyone within it.<\/p>\n In all instances where an employee claims religious discrimination, and more so if they claim based upon a philosophical belief, the sincerity of their belief is evaluated on a case by case basis to ensure it fits criteria mentioned above. With veganism becoming more widespread it is more likely that claims will come up more in the workplace, but how successful they will be, and to what lengths the courts will impose restrictions upon businesses, have yet to be seen. Whether it is reasonable, or indeed possible, for all businesses to be able to cater to a true vegan lifestyle may be a question for the courts.<\/p>\n Make sure that you subscribe to our newsletters<\/a>, to stay up to date with employment law, HR advice and news on upcoming services and products. If you’d like help with any aspect of creating an inclusive culture, including training, support to develop processes or an audit of your current position; or if you would like support to deal with a complaint raised by an employee do not hesitate to contact us at peter@kateunderwoodhr.co.uk<\/a>.<\/p>\n <\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" What might the increasing popularity of Veganism mean for your business?<\/p>\n","protected":false},"author":4,"featured_media":1655,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" How Presenteeism Is Already Having A Negative Effect Your Business<\/b><\/p> Happy New Year! We all made it through Christmas and New Year unscathed but now midwinter; the season of presenteeism is upon us. Today, we\u2019ll be learning what the term means and making a New Year\u2019s resolution with six ways to reduce presenteeism in the workplace.<\/span><\/p> What Is Presenteeism?<\/b><\/p> The term \u201cpresenteeism\u201d was originally known as \u201csickness presence\u201d and described employees coming into work while sick. Think of it as the opposite of absenteeism... though the term has now expanded to include two further definitions.\u00a0<\/span><\/p> Secondly, presenteeism has come to mean being present at one's place of work for more hours than required, especially as a manifestation of insecurity about one's job.\u00a0<\/span><\/p> \u00a0<\/p> Last but not least, presenteeism refers to employees who are disengaged from their role; those who\u2026 just aren\u2019t present.\u00a0<\/span><\/p> \u00a0<\/p> Whichever definition, and whatever the cause; physical sickness\/mental wellbeing, disengagement, or staying at the office longer than required \u2013 the effects can be disastrous...<\/span><\/p> \u00a0<\/p> What Does Presenteeism Look Like?<\/b><\/p> \u00a0<\/p> Though the term may be new, we\u2019ve all borne witness to presenteeism.<\/span><\/p> \u00a0<\/p> We all know that one \u201ctrooper\u201d who comes into the office when they should be at home curled up under a duvet. Their desk littered with Kleenex and Lemsip, they cough, splutter and complain while passive-aggressively letting everyone know what a martyr they\u2019re being.\u00a0<\/span><\/p> \u00a0<\/p> This is presenteeism.\u00a0<\/span><\/p> \u00a0<\/p> We all seen that one person who\u2019s lost their enjoyment in their role; doesn\u2019t want to be there and is going through the motions, collecting their paycheck.\u00a0<\/span><\/p> \u00a0<\/p> This is presenteeism.\u00a0<\/span><\/p> \u00a0<\/p> And we\u2019ve all seen the eager-beaver who \u201cjust has to finish this report\u201d so stays late after everyone has gone home.\u00a0<\/span><\/p> \u00a0<\/p> This is presenteeism... and may mean your company is in breach of the <\/span>Working Time Regulations, 1998<\/span><\/a>.<\/span><\/p> \u00a0<\/p> What Are The Effects Of Presenteeism?<\/b><\/p> \u00a0<\/p> The employee with the flu may well contaminate your whole workforce. The staff member who has lost their enjoyment in the role may lower morale. The employee who stays late may make bad decisions.\u00a0<\/span><\/p> \u00a0<\/p> All these examples can have knock-on effects of reduced productivity but their presenteeism may be affecting your business in more ways than you can imagine.\u00a0<\/span><\/p> \u00a0<\/p> It\u2019s a fact that employees are much more ineffective when they are physically or mentally unwell or have lost the will to work. Their impaired performance and judgment could lead to mistakes, bad decisions and inefficiency which cause financial loss, upset and bad feeling and cost time and money to fix.<\/span><\/p> \u00a0<\/p> The Research: Presenteeism Is On The Rise<\/b><\/p> \u00a0<\/p> Research shows that sickness presence ain\u2019t going anywhere, in fact, it is raising its ugly head more and more. Deloitte reported in 2017 that presenteeism is costing UK businesses between \u00a317-26 billion a year, and the cost of poor mental health in the workplace to be \u00a333-\u00a342 billion.\u00a0<\/span><\/p> \u00a0<\/p> According to <\/span>Statistics Canada<\/span><\/a>, productivity loss due to presenteeism is 7.5 times greater than from absenteeism. I first wrote about presenteeism in <\/span>2018<\/span><\/a>, and the recent <\/span>Stevenson \/ Farmer Review of Mental Health and Employers<\/span><\/a> noted that presenteeism is increasing year on year.\u00a0<\/span><\/p> \u00a0<\/p> As an employer, you do your best to reduce presenteeism, but a report on absence management from the CIPD, who <\/span>examine trends in absence<\/span><\/a>, health and well-being in UK workplaces, found that a third of organisations have reported an increase in people coming to work while ill.\u00a0<\/span><\/p> \u00a0<\/p> How To Reduce Presenteeism?<\/b><\/p> \u00a0<\/p> Recognise The Signs<\/i><\/b><\/p> \u00a0<\/p> Now you know what this phenomenon looks like, it\u2019s time to rethink your beliefs so you can reduce presenteeism in your workplace. Sick employees are not troopers or martyrs for coming into work. They are liabilities who can spread illness, lower morale and make costly errors.\u00a0<\/span><\/p> \u00a0<\/p> As an employer, you should pay close attention to your staff\u2019s work activities so you can tackle and reduce presenteeism. It is important to educate your managers so they can see the first signs of this pervasive behaviour early before it becomes a widespread part of your company\u2019s culture.<\/span><\/p> \u00a0<\/p> Encourage Staff To Take Time Off<\/i><\/b><\/p> \u00a0<\/p> Employees get sick, it\u2019s how you as an employer deal with it that counts. Making it clear that you and your company expect sick employees to stay home and recuperate will help reduce presenteeism. This applies equally to an <\/span>employee\u2019s mental wellbeing<\/span><\/a> just as much as coughs and colds. You can also provide support to employees returning to work after illness.<\/span><\/p> \u00a0<\/p> Change Your Working Hours<\/i><\/b><\/p> \u00a0<\/p> If your company embraces long working hours, perhaps changing your philosophy will reduce presenteeism. Your employees will thank you for introducing a policy whereby everyone has to be out of the office by a certain time.\u00a0<\/span><\/p> \u00a0<\/p> A change to your working hours will make employees more efficient in the time they are in the office, increase employee engagement, help their mental wellbeing and reduce burnout.\u00a0<\/span><\/p> \u00a0<\/p> Flexi-time and <\/span>remote working<\/span><\/a> and enforced lunch breaks will also improve your working relationship as they will be less likely to think of you as an Ebeneezer Scrooge-type boss! Thought those Dickensian <\/span>Bah Humbug<\/span><\/i> days were over? One in five Londoners are <\/span>scared to take a lunch break<\/span><\/a>!\u00a0<\/span><\/p> \u00a0<\/p> Review Your Policies<\/i><\/b> \u00a0<\/p> Similarly, if you don\u2019t have a good enough Plan B, they may feel obligated to come in. Reviewing policies like temporary cover or secondment might help you reduce presenteeism.\u00a0<\/span><\/p> \u00a0<\/p> Find Out Why Your Staff Are Disengaged<\/i><\/b> \u00a0<\/p> Talk to them, listen, help them feel understood and offer solutions to re-engage them. We can help you introduce anonymous employee surveys to get to the root of why your staff may be disengaged.<\/span><\/p> \u00a0<\/p> Improve Your Wellbeing Programme<\/i><\/b><\/p> \u00a0<\/p> Implementing or improving a Wellbeing Programme which promotes healthy living, exercise, counselling and even managing personal finances can improve your workforce\u2019s welfare and state of mind, prevent physical sickness and reduce the impact of existing conditions.\u00a0<\/span><\/p> \u00a0<\/p> The healthier, happier, more looked-after and motivated your team are, the more productive they will be and that means more profits for you and your business.\u00a0<\/span><\/p> \u00a0<\/p> Here at Kate Underwood HR, we specialise in increasing employee\u2019s productivity through wellbeing, employee engagement and training. If you\u2019d like to reduce presenteeism within your company, please don\u2019t hesitate to book a call today. We\u2019re here to help you through the next decade.\u00a0<\/span><\/p>So, What Does That Mean?<\/strong><\/h3>\n
The Criteria<\/strong><\/h3>\n
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Things to think about, and the practical implications of veganism at work:<\/strong><\/h3>\n
Create An Inclusive Workplace<\/strong><\/h3>\n
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<\/span>If your staff don\u2019t get paid while sick or if there are incentives for 100% attendance, you may actually be the cause of people coming in when they are sick.\u00a0<\/span><\/p>
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<\/span>If a member of your staff is disengaged, take the time. They may have lost the will to work because they feel overworked, undervalued or just plain old bored and in need of a new challenge.\u00a0<\/span><\/p>
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