Is an employee secretly working from abroad?
Managing remote workers became a necessity for most businesses during the pandemic. For some employees, like graduates, they never even stepped foot inside an office. Remote work was their introduction to the working world.
At the time there were restrictions on travel, so there would be no reason to think that your employees wouldn’t be working from home as agreed. Now however, overseas travel is booming, and with holiday season in full swing, an employee could be tempted to try their luck at secretly working abroad, especially if they are running low on holiday days.
It is a belief for some that, with a good Internet connection, you can work from anywhere in the world. This can be true and many online businesses do operate in this way. However, this is an important business decision and one that you would need to make after considering all the pros and cons. It’s not for an employee to decide.
Not knowing where an employee is working from is risky. Think data protection, security and health and safety, and that’s just for starters!
For businesses that are operating fully remotely, or even on a hybrid model, employers must clarify permitted locations for working. You can do this by updating employment contracts or introducing a remote work policy.
What should you do, then, if you suspect that an employee is secretly working from overseas?
You would need to do some detective work to confirm your suspicions. They could have genuine reasons for not attending a work social so you may need to try something else.
For example, a simple call to their mobile can be very revealing – we all know that familiar change in ring tone which is a dead giveaway that someone is not in the country. Or perhaps you could ask them to return some company hardware at a designated time and place for a routine health check?
If they’ve picked a picturesque location, they might be tempted to boast about it on social media, and yes you can use that as evidence in your investigation.
Time stamps on emails or other online activity are also a good indicator of someone’s whereabouts. Failing that, a conversation with their co-workers can help you piece information together.
If you feel you’ve got good evidence to back you up, broach the subject with the employee and inform them that they are not authorised to be working from an undisclosed location and must return asap. If you are concerned about a security breach you may need to be prepared to revoke their access to certain systems right away.
When they arrive back you should initiate disciplinary action and see the safe return of any company property. It’s a pain to have to take time out to deal with situations like this. Remember that we are here to help.
Nurturing neurodiversity
About 85% of people are neurotypical. This means that their brains process information as society expects. This leaves 15% who you could say think differently. They are neurodivergent.
The main examples are ADHD, autism, dyslexia, and dyspraxia. Due to a lack of awareness, people with these conditions can encounter stigma. Each can be associated with specific difficulties, which are well documented, but they can also often give rise to unique strengths.
For instance, people with ADHD may be good at completing urgent tasks, those with autism at developing deep specialist knowledge, people with dyslexia at problem-solving and employees with dyspraxia at strategic thinking.
It all varies from person to person. Seeing the strengths in neurodiversity though, which is often recognised as a disability, and building a supportive working environment with reasonable adjustments where necessary, could give you a key advantage when trying to get the right blend of skills in your business.
Neurodivergent people can encounter barriers to employment, so to make sure your business is attracting all types of candidates, it’s a good idea to review your application and interview process for more inclusive recruitment.
Time off for fertility treatment
For some people, the process of starting a family can entail a series of medical appointments for IVF, which need to adhere to a specific timeline. It can be a physically demanding process.
You may not even know that an employee is going through this as it’s deeply personal, but if you are in the know, you might be wondering how to manage and support them.
When an employee is pregnant they are entitled to a reasonable amount of paid time off to attend antenatal appointments. This is not an automatic right for those attending medical appointments to become pregnant.
This could be changing though as a Private Member’s Bill proposes a new law to allow women paid time off for IVF treatment. Fertility treatment can be very expensive and so this change could alleviate the stress and financial worries that some are currently experiencing.
For employers, it could help to retain good employees and improve trust and communication relating to requests for time off.
It’s not yet a legal requirement but many employers do already choose to allow reasonable time off for medical appointments. If you want to be one step ahead, introducing a policy of paid time off for fertility treatment is a good place to start.
Belief and unlawful discrimination
Last month we looked at managing conflict in the workplace that concerns more than one protected characteristic. A recent Employment Tribunal has provided further guidance for managers on exactly that.
Maya Forstater’s contract as a researcher was not renewed by the Centre for Global Development (CGD) following an investigation into her social media activity. Ms. Forstater had shared her gender critical views on Twitter that people cannot change their biological sex. The tweets reportedly made some colleagues uncomfortable and were seen to be inflammatory by her employer, leading to Ms. Forstater losing her job.
However Ms. Forstater felt it was she who was discriminated against because of her belief and raised a claim of unfair dismissal and discrimination.
An initial Employment Tribunal did not agree, but after winning an appeal Ms Forstater was successful in a new tribunal which ruled this month that she had been discriminated against.
This ruling is significant and shows just how complicated this topic can be. Employers facing similar situations concerning free speech and belief should seek professional HR advice before dismissing an employee.
Mediation can save time and money
When different types of people work together, disputes are inevitable – especially with such a large proportion of our time spent at work. It doesn’t just absorb time, but money too. In fact, Acas estimates that workplace conflict costs employers nearly £30 billion a year.
Not all disputes escalate to an Employment Tribunal though. Arbitration through Acas or third-party mediation can settle conflicts before they start exhausting both time and money. The key to resolution and keeping claims low is to keep communication open.
Employment tribunal insurance is a safety net when faced with paying staggering court costs and awards, but as with any insurance, there is a premium. If smaller disputes can be settled out of court, tribunal insurance remains an affordable and reliable back up when tackling bigger issues.
If you’re seeking to resolve or settle a dispute with an employee and need an impartial party to step in, our team is well trained and here to help.
Hey, howdy or hi – select your preference
An out of office message provides a quick and simple way to inform others of employee absences.
Would it offend you if an employee responded to your message with “Hey”? One employer made their dislike of the greeting clear to an employee who then shared the interaction on Reddit.
The employee responded stating it was via WhatsApp and they felt a casual response was therefore justified. The employer disagreed expressing their desire to keep things professional – although they did sign off with an emoji ?
Where do you stand on greetings with employees? Whether it’s a “hello” or a “what’s up!”– just make sure it’s you that sets the tone for your business.