Supporting employees during times of crisis

September always feels like a time for reflection and renewal, and as we say au revoir to the summer and settle into a new season, it is an opportune moment to reflect on the events of the last few months. The summer saw widespread anti-immigration rioting in towns and cities across the country, where members of the far right carried out Islamophobic and racist attacks. This was a deeply disturbing and distressing time of violence and the impact on communities was profound.

Periods of social unrest, as well as other crisis events such as natural disasters, wars, cyberattacks or the Covid-19 pandemic, can have a deep and long-lasting impact on employees. Supporting employees during such crises or disorder is crucial for maintaining a healthy, productive, inclusive and safe work environment.

Employers have a range of obligations and responsibilities to protect the health and safety of employees, and this article provides some reminders as to how employers can support their staff during challenging times.

Employer obligations

Health and safety

Employers have a legal duty to ensure the health and safety of their employees. This includes both physical and mental wellbeing. During times of geopolitical crisis or disorder, it can be increasingly important for employers to take care of the health of safety of their staff.  

Failure to comply with health and safety duties can lead to serious consequences, including financial penalties, imprisonment, disqualification from holding certain position, reputational damage and legal liability in the form of personal injury claims from employees. It is of fundamental importance that such duties are adhered to, not only for the benefit of employees but also to protect the employer.

Employers should:

1. Conduct risk assessments: Regularly assess the risks associated with the crisis and its impact on employees. This includes evaluating the safety of the workplace and the mental health of employees. Employers should also stay up to date on news of travel disruptions and whether it would be challenging for staff to attend the workplace.
2. Provide safe working conditions: Ensure that the workplace is safe from physical threats. This might involve enhancing security measures or allowing remote work if the situation demands, and offering this in a genuine and supportive manner.
3. Offer mental health support: Provide access to mental health resources, such as counselling services, stress management workshops, and employee assistance programs (EAPs), to offer relief and support for staff who are affected by what is happening.
   
   

Trust and confidence

The implied term of trust confidence is at the heart of the employment relationship between employer and employee. It requires employers not to, without reasonable and proper cause, conduct themselves in a manner that is calculated or likely to destroy or seriously damage the relationship of confidence or trust in the relationship. Maintaining that relationship of trust and confidence between employers and employees is essential, especially during crises. Employers should ensure that they extend support and understanding to employees, to reduce the risk of allegations that the implied duty of trust and confidence has been breached. Employers should:

1. Communicate transparently: Keep employees informed about the situation and how it affects the company and their roles. Regular updates can help alleviate anxiety and build trust.
2. Show empathy and support: Acknowledge the challenges employees are facing and offer support. This can include temporarily offering flexible working hours, additional leave, or simply being available to listen and ensuring that staff concerns are not dismissed or minimised.
3. Ensure fair treatment: Treat all employees fairly and consistently, ensuring that no one feels singled out or discriminated against. That said, it is also important to be mindful that some employees may be more directly impacted by the crisis/disorder than others, and so it might be appropriate to provide additional support to those members of staff.
   
   

Discrimination claims

Employers must be vigilant to prevent discrimination, which can be exacerbated during times of crisis. The riots, which were framed around anti-immigration and racist rhetoric, were a disturbing example of widespread discrimination. Key steps for employers to take include:

1. Implement anti-discrimination policies: Ensure that robust anti-discrimination policies are in place and communicated to all employees, alongside statements of support and condemnation of discriminatory behaviour.
2. Provide training: Offer training on diversity, inclusion, and unconscious bias to help employees understand and prevent discriminatory behaviour. Such training should be meaningful, rather than “tick-box” exercises.
3. Monitor and address issues: Actively monitor the workplace for signs of discrimination and address any issues promptly and effectively.
   
   

Other steps that can be taken to support employees

Flexible working arrangements

During times of crisis, flexibility can be a lifeline for employees. Employers should consider whether temporary changes to working patterns might help alleviate any health and safety risks, for example allowing employees to work from home if it is safer or more convenient for them. Alongside this, employers can also offer flexible working hours to help employees manage their personal and professional responsibilities. This may be particularly important for staff who have caring responsibilities.

Mental health and wellbeing support

As highlighted above, supporting mental health is crucial during crises. Employers can offer access to professional counselling services, either through an EAP or external providers. Fostering a workplace culture that prioritises wellbeing is also important so that employees feel that there is a genuine sentiment of support from leaders. Employers should also consider creating a “safe space” for staff where they can express their concerns or anxieties. It is important that employers are sensitive towards the feelings of those from targeted groups who may be feeling particularly vulnerable, and extra care and additional adjustments may need to be made for those groups.  

Communication and transparency

Clear and transparent communication can help alleviate uncertainty and build trust. Employers should provide regular updates on the situation and its impact on the company and employees. They should also regularly monitor developments and consider longer-term adjustments (as many employers did during the Covid-19 pandemic, for example) to manage the workforce. Maintaining open channels of communication where employees can ask questions and express concerns is vital, and as part of this employers should be honest about the challenges that are being faced and how they are being addressed.

Employers play a crucial role in supporting their employees during geopolitical crises and disorder. By actively taking steps to support staff, employers can create a resilient workplace, and help employees to navigate these challenging times more effectively.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, September 2024