What Does Workplace Wellbeing Really Mean?
The recent resignation of former Deputy Prime Minister, Dominic Raab, following an investigation that upheld certain allegations that he bullied public servants, demonstrates that neglecting the wellbeing of employees can leave a person’s career in tatters. This is a relatively new development in the history of work – workplace bullying only entered the public conscience in the 1990s when British journalist Andrea Adams popularised the term in a series of BBC radio documentaries and in her 1992 book Bullying At Work. This followed sharply on the heels of the exposure and gradual unacceptability of sexual harassment in the 1980s (culminating four decades later in the #MeToo movement).
In his stinging resignation letter to Prime Minister, Rishi Sunak, Mr Raab said government work faced being derailed by a “tyranny of subjective hurt feelings.” Many business owners will agree with Mr Raab’s conclusions, wondering where the line is between running a ‘high-achieving, demanding, long-hours business’ and a ‘pressure-cooking, mental health destroying workplace.’ What exactly is workplace wellbeing in terms of what is legally required and merely desirable? Fortunately, there is a plethora of academic studies on this topic stemming from multiple countries and industry sectors. And the best place to start is to look at the effects of a toxic workplace on productivity.
What is the commercial impact of a toxic workplace?
A 2021 study on 301 workers employed in small and medium-size enterprises of China found that:
“…the direct relationship between a toxic workplace environment and employee engagement confirms that if employees are working in a toxic environment, they will spread negative feelings among other co-workers. The feelings that come with a toxic workplace environment, i.e., harassment, bullying, and ostracism, can be detrimental and lead to unnecessary stress, burnout, depression, and anxiety among the workers.”
On the positive side, the study concluded that when workers perceive their organisation is supportive, their sense of belonging to the business is strengthened.
UK studies show a clear link between the fact that improving workplace wellbeing reduces economic losses caused by absence, sickness, disability, and decreased productivity (often referred to as presenteeism).
Undoubtedly, workplace wellbeing provides both commercial and social benefits. In terms of the latter, successive governments have enacted legislation strengthening employers’ legal responsibilities relating to the health and welfare of their employers.
What are an employer’s legal obligations around workplace wellbeing?
Since the passing of the Health and Morals of Apprentices Act 1802 (the Factory Act 1802) which required, for the benefit of apprentices, that factories be properly ventilated and cleaned, Parliament has been legislating to improve workplace wellbeing[1]. There are now multiple Acts, Regulations, and Orders that employers must comply with, including the following ‘big three’:
- Health and Safety at Work etc Act 1974 – provides that, as far as is reasonably practicable, all employers have a duty to ensure the health, safety and welfare at work of all their employees.
- Equality Act 2010 – provides for the protection from discrimination of people who have one or more of the nine protected characteristics, namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
- Employment Rights Act 1996 – governs the legal relationship between an employer and employee and provides for rights to holiday pay, statutory sick pay, protection of wages, unfair dismissal, and maternity and paternity leave (to name but a few).
The above legislation sets out the laws governing workplace wellbeing. These are, in most cases, non-negotiable for employers and breaching any of the provisions can result in an employee having the right to bring a claim for compensation in the Employment Tribunal. However, there are other considerations not enshrined in statute that can contribute significantly to a healthy and positive workplace culture.
What creates workplace wellbeing?
The CIPD, the professional body for HR and people development) recommends that employers take an holistic approach to workplace wellbeing. This involves creating a framework that covers employees’ mental and physical health, personal growth, work/life balance (for example hybrid working), and robust communication. In addition, where possible, providing outside sources of support such as counselling, an employee assistance programme, and occupational health services enhances workplace wellbeing.
How Askews Legal can help employers achieve workplace wellbeing
An organisation with documented values and commitments surrounding workplace wellbeing ensures the groundwork for a positive culture is in place. We have been assisting businesses in Coventry and Warwickshire with employment law matters for many years and have excellent community connections and knowledge that we can use to assist you in creating a positive workplace culture and maintain statutory compliance.
[1] The Act was not well enforced as although it legislated for apprentices to receive a basic education, not to have to work more than 12 hours a day, and attend religious services, it did not apply to the numerous ‘free children’ who provided labour without the protection of an apprenticeship, However, the Factory Act 1802 was the first piece of legislation to recognise the evils of child labour.
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