At SSG we want to make each of our courses as accessible as possible, and ensure we set the correct expectations for delegates looking to undertake a new course.We sat down with our Head of Services Delivery Adam Worth to discuss what NEBOSH courses are really like, from his perspective as a trainer.&nbsp;&nbsp;<h3 id="3adbf955-3d04-459d-b6d2-7c79fa56ef4a" data-toc-id="3adbf955-3d04-459d-b6d2-7c79fa56ef4a">How could a NEBOSH course benefit your career?&nbsp;</h3>NEBOSH is an internationally recognised organisation. It's well established, being founded in 1979 and providing a high standard of health and safety training and accreditation since then.That means people associate NEBOSH qualifications with these high standards; the qualifications are widely recognised and seen as a strong foundation for those in or moving into safety focused careers. Higher level qualifications such as the diploma can be essential to those looking to progress a health and safety focused career. Many employers will identify NEBOSH courses as a mark of continuous professional development.<h3 id="e5d735bc-c873-405f-a5f5-f75e741319d5" data-toc-id="e5d735bc-c873-405f-a5f5-f75e741319d5">In your experience, what's one thing that surprises people once they start a course?&nbsp;</h3>People are often shocked to realise health and safety isn't just about putting up signs and wearing a high vis jacket: it involves elements of law, culture, psychology and other human factors too. I find a lot of people's experiences of health and safety have been general inductions with a focus on rules, which is where people might switch off.What’s great about NEBOSH is it allows people to get a handle on health and safety culture. It's about people, systems, and processes - and continually reviewing these factors in a way that's good for your business.<h3 id="63c12b58-0a88-498e-9e0b-0c7abd364d0e" data-toc-id="63c12b58-0a88-498e-9e0b-0c7abd364d0e">What does NEBOSH mean for businesses and employers?&nbsp;</h3>The courses themselves offer a good grounding in applying occupational health and safety in a business sense. The diploma teaches you to understand business as well as safety, and how a strong health and safety culture mirrors strong business leadership and management.This may sound counterintuitive, but when people talk about what is the most important thing in their business, lots of people are inclined to say health and safety. It is fantastic when people say that, because that is key, but I think if people were completely objective they’d probably say the most important thing is running a good, effective business that makes profit and benefits the people around it. Or for a non-profit, they might say it’s about making sure you raise more funds than you spend.I think people fail to recognise health and safety is what helps businesses to achieve these things. An effective health and safety culture and an effective business model go hand in hand. NEBOSH courses are designed to enable businesses to be run efficiently and to achieve their goals, safely, with minimised disruption and with a clear structure.<h3 id="9499e982-3b3b-4e9a-bb00-b120ec29a6e4" data-toc-id="9499e982-3b3b-4e9a-bb00-b120ec29a6e4">How flexible is NEBOSH study for someone who works full time or who has other commitments?&nbsp;</h3>We try to be as flexible as possible. I would say our delivery methods certainly help - with hybrid delivery, delegates can attend the course both via the classroom or remotely. We're also growing our NEBOSH e-learning offerings, which will open barriers to entry as people can very much learn at their own pace.People obviously need to be able to dedicate enough time in their lives to enter and complete the courses. It can be tough, but the assessments do provide some flexibility. Open book exams for the certificate level courses are completed in a window between 24 and 48 hours for example. For the diploma course, this is two weeks for units DN2 and DN3 and four weeks for DN1, so there is a sense of flexibility there.<h3 id="cb8da38d-4243-4340-bd2a-e1da7acca085" data-toc-id="cb8da38d-4243-4340-bd2a-e1da7acca085">How do we support our delegates throughout their NEBOSH qualification? How are people encouraged to seek advice and support?&nbsp;</h3>We make sure we've got tutor contact and tutor support so that students feel they've got the means to ask for help. Particularly at diploma level, we do regular check-ins individually with delegates to see how they're doing, and tailor support accordingly. We also try and use formative assessment techniques to judge how delegates are doing and identify if we need to step in and provide support.We actively encourage this environment where people can admit if they need support, because we know how hard it can be to stand up and say you need help.<h3 id="23d682fd-45c6-4c99-98ed-34e8020e87ef" data-toc-id="23d682fd-45c6-4c99-98ed-34e8020e87ef">Why should people undertake NEBOSH courses?</h3>NEBOSH opens so many doors for individuals and for the businesses they work with, all for good reason. The courses are widely respected because they do require that commitment and effort. We don't want people entering it naively, because it is a commitment and the courses can be a challenge. That's why we do what we can to provide support – screening our diploma applicants for example and having these conversations before the person has even gotten into the classroom. We work hard to ensure our students are supported, and we can overcome many of these challenges.Our goal is to make sure people can get the qualifications they need to open doors for themselves and for their organisations, and that they feel supported in doing so.

At SSG we want to make each of our courses as accessible as possible, and ensure we set the correct expectations for delegates looking to undertake a new course. We sat down with our Head of Services Delivery Adam Worth to discuss what NEBOSH courses are really like, from his perspective as a traine

NEBOSH courses: A Trainer’s Perspective  

In the UK the cost of poor mental health is estimated to be a staggering £42 to £45 billion each year. Sickness absence, reduced productivity and staff turnover are all contributory factors. Whereas good mental health can play an essential role in the wider success, happiness and productivity of a workforce.Striving to build good mental health amongst the whole workforce clearly needs to be an ongoing focus for employers. A central step to this is mental health awareness training that reduces the stigma linked to poor mental health and empowers employees with the knowledge to build resilience and proactively prevent mental ill health from occurring at all.Here at SSG we run multiple options to assist organisations put in place the skills and methods for supporting employees with poor mental health, such as Mental Health First Aiders, Mental Health Aware, MHFA Champions, MHFAider® Refresher and Mental Health Overview.Employers also have the option to facilitate their own awareness sessions which can be developed around SSG toolbox talks such Mental Health at Work, Mental Health Culture and Stress and Anxiety Guidance.Here is a quick guide to the content to include when running an extended toolbox talk or team awareness session on mental health.<ul><li>Consider the primary mental health challenges for employees</li><li>Share knowledge around the most common mental health conditions experienced by employees in the UK namely anxiety, depression, stress and burnout.</li><li>How to spot the signs in yourself and colleagues</li><li>Consider the signs of anxiety, depression, stress and burnout to prevent the situation deteriorating.</li><li>Discuss ways to prevent mental health deteriorating.</li><li>Encourage employees and managers to have early discussions on the signs and agree steps together to prevent deterioration.</li></ul><h3 id="1d296e4e-703f-4935-ba44-a3dd48b9f75f" data-toc-id="1d296e4e-703f-4935-ba44-a3dd48b9f75f">Factors that impact on mental health</h3><ul><li>Talk through the internal and external factors that can negatively affect mental health such as managing workloads, work life balance, personal situations and workplace culture.</li><li>Talk through what steps individuals can take to maintain their wellbeing.</li></ul><h3 id="577b9776-1150-4d2d-a72f-dfdc56a0724f" data-toc-id="577b9776-1150-4d2d-a72f-dfdc56a0724f">Having positive conversations</h3><ul><li>Promote a positive culture where mental health can be openly discussed.</li><li>Discuss how the stigma of mental health can be reduced.</li><li>Remind employees that it is ok to talk about their individual challenges and difficulties if they feel like they can and want to.</li><li>Make everyone aware that we each have different experiences and no two individuals will feel the same way when dealing with the same situation, issue or challenge in our lives.</li><li>Discuss the importance of self-care and building time into individual routines to achieve this.</li></ul><h3 id="eacb5e7e-b726-4263-9d01-2ae21a839ce4" data-toc-id="eacb5e7e-b726-4263-9d01-2ae21a839ce4">Signposting</h3><ul><li>Remind employees of the mental health resources and support services available to them in your organisation (e.g. Mental Health First Aiders if applicable).</li><li>Provide details of your Employee Assistance Programme (EAP) if you have one.</li><li>Share details of local charities and national support services. Examples include:<ul><li>Talk Works Devon (NHS counselling self-referral service) - <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.talkworks.dpt.nhs.uk/">TALKWORKS | Devon's NHS Talking Therapies Service</a></li><li>Andy’s Man Club - <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://andysmanclub.co.uk/">ANDYSMANCLUB - It's Okay To Talk</a></li><li>Man Down - <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.mandownprogramme.com/">HOME | Man Down Programme</a></li><li>Lighthouse (for workers in the construction sector) - <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://lighthousecharity.com/support/self-referral">I need help for myself | Lighthouse</a></li></ul></li></ul>

In the UK the cost of poor mental health is estimated to be a staggering £42 to £45 billion each year. 

How to run a mental health awareness session with your team

This year we have seen an increase in clients seeking advice after an employee has “blown the whistle” on an internal practice or situation they are concerned about. When an employee raises a concern under the whistleblowing policy this is referred to as making a “protected disclosure.”In this article we will explore what a whistleblowing policy is and why employers need to have one.<h3 id="daf7e0ee-1668-4a9c-9597-7c7000d522bc" data-toc-id="daf7e0ee-1668-4a9c-9597-7c7000d522bc">What is a whistleblowing policy?</h3>A whistleblowing policy is the procedure for employees to follow if they suspect wrongdoing is occurring within their organisation. The policy enables employees to raise concerns which must then be investigated internally and objectively by the employer.<h3 id="bd454999-4776-4939-8922-671906363f08" data-toc-id="bd454999-4776-4939-8922-671906363f08">Why do employers need a whistleblowing policy?</h3>Having a policy steers employers to maintain high standards, demonstrate accountability and be transparent with all their stakeholders.By engaging with the policy organisations can reduce risks of fraud and unethical practices and help increase compliance with regulators and their health and safety obligations.<h3 id="93ad5b0e-5c78-4eae-9bcf-602e0ca12f3c" data-toc-id="93ad5b0e-5c78-4eae-9bcf-602e0ca12f3c">Legal considerations for employers</h3><ul><li>A whistleblower is protected against being dismissed, or subject to any detriment, for whistleblowing. This is set out in the Public Interest Disclosure Act 1998 (PIDA) which protects employees who report wrongdoing.</li><li>A dismissal for whistleblowing is automatically unfair even if the employer has followed a fair procedure.</li><li>The cap on compensation to a whistleblower does not apply to whistleblowing dismissals. The purpose of this is to stop an organisation from making a financial calculation along the lines of “if our worst-case scenario is a year’s pay, we are prepared to risk it to remove this troublemaker”.</li><li>An employee who alleges that they have been dismissed because of whistleblowing can apply to the employment tribunal for “interim relief” within seven days of their dismissal. This triggers a prompt hearing that only considers if the employee is likely to be able to show they were dismissed because of whistleblowing. If that is the finding the employer is ordered to continue paying the employee their full salary until the full tribunal is convened. The purpose of this is to minimise any financial hardship for a whistleblower who has been dismissed.</li><li>Whistleblower protections also include job applicants who have the right to make a “protected disclosure.”</li></ul><h3 id="cfc3e3c6-2c2c-498a-a532-4bf3fbf7fca3" data-toc-id="cfc3e3c6-2c2c-498a-a532-4bf3fbf7fca3">Essential elements of a whistleblowing policy</h3>A whistleblowing policy should:<ul><li>establish clear reporting channels, ensuring that workers know how and to whom to report their concerns</li><li>provide appropriate assurances of confidentiality</li><li>set out the protections against detriments and dismissal that apply to whistleblowers</li></ul>Best practice organisations will also:<ul><li>provide an anonymous reporting system (e.g. confidential phone line or reporting portal)</li><li>train employees at all levels about the importance of whistleblowing and associated procedures</li><li>Appoint a senior employee (e.g. a director) as whistleblowing champion to ensure the confidentiality of whistleblowers.</li></ul><h3 id="bda8883d-65eb-42e3-85f3-b3221102afe5" data-toc-id="bda8883d-65eb-42e3-85f3-b3221102afe5">Further support</h3>If you have any queries about whistleblowing please contact your HR consultant.Additional resources relating to whistleblowing include a toolbox talk video which can be found in your membership area of the SSG website.

In this article we will explore what a whistleblowing policy is and why employers need to have one.

Whistleblowing – what is it and why do employers need a policy?

NEBOSH qualifications are internationally respected and widely recognised as a benchmark for health, safety, and environmental excellence, but with a variety of courses to choose from, it can be difficult to know which course is right for you and your organisation.Whether you are looking to advance your career, enhance your organisation’s compliance, or build a foundation in workplace safety, NEBOSH offers a clear path to achieving your goals. To support your journey, we’ve compiled answers to some of the most frequently asked questions helping you make an informed and confident choice about your next steps.<h3 id="6bda51e9-6c2a-4e2b-b026-0fe130e80d4a" data-toc-id="6bda51e9-6c2a-4e2b-b026-0fe130e80d4a">What is NEBOSH and why is it important?</h3>NEBOSH (the National Examination Board in Occupational Safety and Health) is an independent, globally recognised awarding body for health, safety and environmental qualifications. Its purpose is to provide a high standard of workplace training which equips delegates with the skills necessary to work safely according to the context of their role and industry. In doing so, NEBOSH encourages organisations to build these skills into a wider working culture: promoting a proactive approach to occupational health, safety, and environment.Achieving a NEBOSH qualification provides delegates with widely recognised qualifications which demonstrate a commitment to and aptitude for organisational health, safety, and environment. In supporting this, completion of many NEBOSH courses now entitles individuals to Associate Membership (AIIRSM) of the International Institute of Risk and Safety Management (IIRSM).<h3 id="17cdde47-ac35-4feb-b77c-33abeaafe217" data-toc-id="17cdde47-ac35-4feb-b77c-33abeaafe217">Which NEBOSH course is right for me and my organisation?</h3>NEBOSH courses are designed to provide a comprehensive understanding of risk and mitigation tailored to a given situation. For this reason, understanding which NEBOSH course is best suited to your needs will depend on the role, industry, and each level of responsibility of each candidate. You can explore our full range of courses <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses?category=nebosh">using this link. </a> If you would like advice, please <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/contact">speak to a member of the SSG team</a> and we will be happy to assist you.There are some courses which have been designed to be relevant to a wide base of industries. For example, the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses/nebosh-hse-award-in-managing-risks">NEBOSH HSE Award in Managing Risks and Risk Assessment at Work</a> offers essential knowledge for individuals with new responsibilities for health and safety, as well as those looking to build a strong foundation of health and safety knowledge.The <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses/NEBOSH-IGC-Occupational-Health-and-Safety">NEBOSH International General Certificate in Occupational Health and Safety</a> is another inter-industry qualification. It is ideal for managers, supervisors and anyone with health and safety responsibilities at work.For senior health, safety and environmental practitioners, the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses/nebosh-national-diploma">NEBOSH National Diploma for Occupational Health and Safety Management Professionals</a> provides an advanced understanding suited to shaping organisational policy and culture.<h3 id="0afd4ee5-612c-4808-9dc6-e5c0cb9f44ee" data-toc-id="0afd4ee5-612c-4808-9dc6-e5c0cb9f44ee">What are the differences between a NEBOSH award, certificate and diploma?</h3>NEBOSH awards, certificates and diplomas represent progressive levels of depth and responsibility in health, safety, and environmental training.<ul><li>Award-level qualifications offer a concise introduction which is most appropriate for those with new responsibilities for occupational HS&amp;E as well as those seeking to develop basic awareness of risks and responsibilities.</li><li>Certificate-level courses provide a more comprehensive understanding. Although certificates may be attempted by any individual, they are tailored specifically to support those in supervisory or management roles with the knowledge to handle daily risks.</li><li>NEBOSH diplomas are the highest level of certification offered by SSG. Their purpose is to deliver in-depth training for experienced professionals who, either currently or aim to, lead on health and safety within their organisation. It is recommended that delegates have previously completed a certificate-level NEBOSH course to provide a foundation of knowledge from which to build upon.</li></ul>To explore which level may be right for you, <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses?search=nebosh">take a look at our course offerings</a>.<h3 id="c417b104-d44a-48ce-a6be-f6cd34456d67" data-toc-id="c417b104-d44a-48ce-a6be-f6cd34456d67">Can NEBOSH courses be taken online or in a flexible format?</h3>Yes, many NEBOSH courses are available through our flexible learning options, including classroom, online and blended formats. This allows learners to study in a way most suitable for them, making it easier to balance training with work and other commitments without compromising the quality or integrity of the qualification.<h3 id="672da7e4-6a61-489c-aa60-79335bc6d981" data-toc-id="672da7e4-6a61-489c-aa60-79335bc6d981">What opportunities can a NEBOSH qualification lead to?</h3>A NEBOSH qualification can open doors to a wide range of opportunities in health and safety, risk management and compliance. From a career perspective, NEBOSH courses can aid delegates on a path from entry-level safety roles to senior consultancy and leadership positions.From an organisational perspective, NEBOSH can be considered a key credential when fielding candidates for a new position. Having individuals in employment with a NEBOSH qualification can unlock a variety of strategic, operational and reputational opportunities including, but not limited to, a stronger health and safety culture, legal and regulatory compliance, reduced accidents and costs, enhanced client confidence, and meeting supply chain and accreditation requirements.<h3 id="bdb02816-7103-4913-9d1d-e60eb2775602" data-toc-id="bdb02816-7103-4913-9d1d-e60eb2775602">Finding a NEBOSH course near you</h3>At SSG we aim to make training accessible and affordable, providing a wide range of courses across the country, as well as internationally. <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/contact">Speak to our team</a> to see how we can support you or take a look at the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses?category=nebosh">NEBOSH courses</a> we offer.

With such a wide variety of training available, it's important to understand which NEBOSH course is right for you. This article breaks down some of the most frequently asked questions in one easy place.

NEBOSH: Frequently asked questions

A recent case involving a single parent with significant mental health issues who was made redundant on a Teams call whilst at home on a non-work day highlights the risks to employers of poorly considered processes and consequences of failing to consider individual health vulnerabilities.Ms Neill was a part-time employee in the facilities team at Dermalogica UK. She had a history of severe depressive disorder, anxiety and panic attacks. The ill health was known to her manager and the HR department.In November 2022, the general manager decided that the facilities department needed to reduce headcount by “0.5” and Ms Neill was identified for redundancy.The line manager was instructed by HR to inform Ms Neill via a Teams call that she was to be made redundant. The line manager sent a Teams invite to Ms Neill in the evening on the day before the call (16th November 2022) which was titled “Catch Up.” No mention of the meeting had been made earlier in the day when Ms Neill had been in work. The meeting was scheduled on a non-working day for Ms Neill. The employee texted her manager to ask what the meeting was about but received no reply.On the call the manager read from a prepared statement informing the employee that there had been a “global directive to reduce headcount” and “our department has been selected for half a head and unfortunately that is you.” There was no mention of any consultation process.The tribunal noted that this approach meant Ms Neill was unprepared and had no opportunity to question the decision. She was left in shock, alone at home and isolated from colleagues. The tribunal were told this “significantly worsened her already fragile mental health” and “plunged her into despair.”<h3 id="6d1ea169-6982-4c34-9984-5b722339552c" data-toc-id="6d1ea169-6982-4c34-9984-5b722339552c">Tribunal findings</h3>A failure to make reasonable adjustmentsThe employer failed to make reasonable adjustments which could have included:<ul><li>Having the meeting on a working day in the office</li><li>Giving more notice of the meeting</li><li>Giving a verbal overview of what the meeting would be about in advance</li><li>Giving more clarity about the subject matter of the meeting in the invitation</li><li>Providing the employee with the opportunity to be accompanied</li></ul>The tribunal found that the employer’s methods meant the employee was “unprepared and blindsided.” The employee’s days off should have been her time to recover from work but the meeting instead “plunged her into a state of shock and despair.” Furthermore, by conducting the meeting via Teams her ill health was exacerbated as she could not benefit from the support of colleagues nor could she ask HR questions.The lack of consideration shown by the employer and their failure to make reasonable adjustments meant Ms Neill was put at a “substantial disadvantage compared to someone without her mental health issues.”Indirect sex discriminationThe employee also experienced indirect sex discrimination. The wording in the employer’s prepared statement that headcount was to be reduced “by half a head and unfortunately that is you” demonstrated that Ms Neill’s role was selected because it was part time.The tribunal noted that in general more women work part time than men which meant the employer’s decision to only consider a part-time worker for the redundancy put women employees at greater risk of redundancy than male employees.Ms Neill’s claim for part-time worker discrimination also succeeded.<h3 id="d4ec23dc-ffb0-4654-81b4-63289ad464ce" data-toc-id="d4ec23dc-ffb0-4654-81b4-63289ad464ce">Learning for employers</h3><ul><li>When planning a redundancy process consider the specific needs of employees with disabilities. Ensure reasonable adjustments are put in place for applicable employees.</li><li>Don’t just make part-time workers at risk of redundancy as this is highly likely to be discriminatory.</li><li>Where an employee is part-time, ensure consultation meetings are held on their working days and in their normal work location.</li><li>Give appropriate notice of redundancy-related meetings and offer the right to be accompanied.</li><li>Give context in advance for redundancy related meetings.</li><li>Always follow the ACAS redundancy consultation procedure which can be found here: <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.acas.org.uk/redundancy">Redundancy | Acas.</a></li></ul>

A recent case involving a single parent with significant mental health issues who was made redundant on a Teams call whilst at home on a non-work day.

Part-time worker made redundant on video call whilst on day off wins tribunal claim

A recent tribunal case has shown that ADHD (attention deficit hyperactivity disorder) is not satisfactory mitigation for an employee threatening their working colleagues, even when there has been provocation. This case is an indicator that individual conduct in the workplace is a choice and employers can take proportionate action when misconduct occurs.In the case an apprentice technician at Scania (Great Britain) claimed his ADHD contributed to threats he made to colleagues after his sandwiches had holes poked in them and his packet of crisps was crushed.The employee was not able to determine who had damaged his lunch but still sent threating messages to those he thought responsible. He told one colleague on Snapchat that if he found out they were responsible then he would destroy the tools in their toolbox and cut the tyre valves on their bike.At tribunal, the apprentice claimed his ADHD meant he may react “impulsively” and experience “high levels of frustration” and more intense emotions in certain situations.The employer investigated the threats and called the employee to a disciplinary hearing. At the hearing the apprentice claimed he had no intention of carrying out the threats. But the disciplinary hearing manager explained that the colleague receiving the messages would have no idea that he did not intend to carry out the threats.The hearing manager found the apprentice’s conduct to be in breach of the company values of “respect of the individual” and “dignity at work.” The manager found the conduct to be a serious act of gross misconduct and informed the apprentice his actions were a breach of the company policy of “zero tolerance to any kind of threats being made to any employees.” Scania’s disciplinary policy listed “threatening behaviour towards another person” as gross misconduct and the employee was dismissed.Referring to the apprentice’s ADHD the manager said the persistence in pursuing the issue of the lunch being damaged over a two day period indicated that his threat to colleagues “on Snapchat was not merely a reactive response to the situation you were in.”<h3 id="eb567128-d2a9-4240-bfad-af2bfc1aa525" data-toc-id="eb567128-d2a9-4240-bfad-af2bfc1aa525">Tribunal decision</h3>The tribunal fully found in favour of the employer. It ruled the apprentice had sought to attribute the misconduct to his disability but in reality the actions were “unacceptable” and the dismissal was necessary to protect employees. The tribunal acknowledged the diagnosis of ADHD but stated this did not mean the employee could “bear no responsibility for his actions.”The tribunal accepted that there had been provocation but stated it was up to the apprentice to find ways to ensure his impulsivity does not result in unacceptable behaviour that impacts on colleagues.The judge added that “adult, professional behaviour involves being able to manage conflict at work, including unacceptable or unfair treatment, without resorting to violence or threats to others or their property.”The judge found that the employer’s decision to dismiss was proportionate given the nature of the serious threatening messages that had been sent to colleagues.<h3 id="47e1f2a5-89af-4710-80cb-72b138d4d85b" data-toc-id="47e1f2a5-89af-4710-80cb-72b138d4d85b">Learning for employers</h3>The key point from this case is that it can be reasonable for employers to take disciplinary action when an employee blames poor conduct on impulsiveness resulting from their ADHD (but any sanction must be based on the facts of the case). Other points to note include:<ul><li>Neurodiverse conditions may in some ways explain bad impulsive behaviour but that does not mean it cannot be addressed by an employer. Employers do need appropriate reasons for addressing behaviour but where the behaviours is threatening to others this crosses a line of acceptability.</li><li>ADHD is likely to be a disability which requires employers to make reasonable adjustments. But when threatening behaviour occurs, employers have a duty to prioritise the safety of employees above all else.</li><li>The case reminds employers of the lines that should not be crossed if there is a culture of banter. Banter must be within the boundaries set by your company values and your company policies.</li><li>Provide ongoing education and refresher training for all employees on the boundaries set out by your policies to prevent banter from escalating.</li></ul>

In the case an apprentice technician at Scania (Great Britain) claimed his ADHD contributed to threats he made to colleagues after his sandwiches had holes poked in them and his packet of crisps was crushed. 

Apprentice with ADHD who threatened colleagues after a prank was fairly dismissed

In the case of For Women Scotland vs The Scottish Ministers, the unanimous ruling was returned: the definition of women under the Equality Act 2010 refers to biological sex.Full details here: <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://supremecourt.uk/cases/uksc-2024-0042">For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) - UK Supreme Court</a>The appeal was raised following the interpretation of the Scottish Gender Representation on Public Boards Act (2018), that transgender women shall be regarded as women in the context of the legislation (the Act advises on the inclusion of women in leading roles and on public boards, recommending a 50% representation rate).But the ruling may be more far-reaching than this Scottish law.Gender critical groups have for some time now voiced concern as to the rules applying to women, men and persons undergoing gender reassignment, particularly when it comes to inclusion and discrimination issues.As this appeal decision was made by the Supreme Court, the view of the law is now clear: women are only classed as women if they are so by sex, and biologically.Trans rights groups have voiced their concerns, but in order to address these, the UK Government would have to initiate a review of the Equality Act 2010.<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.personneltoday.com/hr/opposition-supreme-court-ruling-ehrc-akua-reindorf/">Opposition to Supreme Court sex ruling is ‘wishful thinking’</a><h3 id="01fceb3a-b29a-42bd-a2b3-c97ef46e028f" data-toc-id="01fceb3a-b29a-42bd-a2b3-c97ef46e028f">What does this mean for employers?</h3>Ultimately, discrimination, exclusion and harassment is unacceptable for any reason. So, employers should continue to enforce their rules and educate team members on issues of trans- and homophobia, as well as sexism etc.We envisage that pronoun use may once again come under fire following these latest announcements. However, employers are advised that protection under gender re-assignment still remains under the Act and that an individual’s gender choice is still a legal right.If you record data such as gender pay gap reports, any individuals currently transitioning should be included with the representation group of their biological sex.Employers may also wish to review their policies to ensure that the correct wording is being used, reflecting this clarification.

In the case of For Women Scotland vs The Scottish Ministers, the unanimous ruling was returned: the definition of women under the Equality Act 2010 refers to biological sex. But how might this ruling be more far-reaching than this Scottish law?

New ruling regarding transgender rights - what does this mean for employers?

An employment tribunal has concluded that a woman was unfairly dismissed from her role at a Marks and Spencer bakery due to her pregnancy.Nilgun Kayahan Kolan was employed for a short time at the Watford branch in October 2023. Initially, she had been assured by the company that she wouldn't need to lift anything over 5kg due to a back issue.However, after being transferred to the Watford location following her induction, she was asked to lift heavy boxes, according to evidence presented to the tribunal.During a conversation about her role, a manager reportedly told her, "I can’t move you anywhere else because your English isn’t good enough."Ms. Kayahan Kolan described breaking down in tears, with the manager, Caroline Bowie, briefly patting her on the shoulder before making it clear that she was expected to leave. She stated that Caroline didn’t ask any questions about her pregnancy or health, nor did she explore alternative roles or reasonable accommodations.She expressed her concern that her dismissal came directly after revealing her pregnancy, reinforcing her fear that disclosing it would cost her the job.Following the meeting, she waited for about 30 minutes, expecting someone to address the situation. When no one did, she knocked on Ms. Bowie's office door to seek answers. In her statement, she recalled asking, “What can I do?” and requesting documentation related to her dismissal.Reportedly, Ms Kolan was then told to leave her swipe card on the way out, which made her believe that she had been dismissed, albeit without process or documentation.Ms Bowie told the tribunal that she had asked Ms Kolan to go home and consider her options, referring to potential other vacancies in the organisation. However, she also confirmed that she did not believe any other roles were suitable, due to Ms Kolan’s poor command of English, but that she would have been quite happy to continue employing her in the bakery.The tribunal unanimously accepted the claimant’s case that the status of her employment was not sufficiently explained to her and that the language used clearly indicated dismissal.<h3 id="abc32f9d-e3a2-44ac-9bc2-ca7da149e522" data-toc-id="abc32f9d-e3a2-44ac-9bc2-ca7da149e522">Learnings</h3>As always, your processes ensure compliance!When an employee discloses pregnancy, employers should undertake a pregnancy / maternity risk assessment, which also includes questions regarding the capability of the individual and specified risks of the work activity.Following this, both parties should have a documented conversation to discuss the way forward. If the employee is unable to perform their usual duties, employers can re-assign them temporarily or place them on paid leave until maternity leave can commence.Before this is enforced, we would recommend an occupational health review or the request of a doctor’s report.In any case, it is vitally important to communicate clearly and openly and, as always, back up your conversations with a letter, email or file note.

An employment tribunal has concluded that a woman was unfairly dismissed from her role at a Marks and Spencer bakery due to her pregnancy.

Employee successful in tribunal following unfair dismissal due to pregnancy

The Employment Rights Bill is set to bring major changes to employment law — but one of its most striking developments has gone largely unnoticed.Last week’s Amendment Paper revealed that the new Fair Work Agency will now have unprecedented powers, including:<ul><li>The ability to bring Employment Tribunal claims on behalf of workers — even if they don’t want to claim themselves.</li><li>The power to offer legal assistance for employment cases, with the Fair Work Agency's costs recoverable from employers if the claim succeeds.</li><li>The authority to pursue employers for unpaid holiday pay and sick pay and impose financial penalties on top which go straight to the government</li></ul>These amendments to the Bill could fundamentally reshape employment litigation. Employers who previously relied on employee reluctance to claim may now find the Fair Work Agency stepping in instead.This is just the beginning. These amendments are likely to pass into law—but how they will work in practice remains uncertain.

The Employment Rights Bill is set to bring major changes to employment law — but one of its most striking developments has gone largely unnoticed.

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