UNITED KINGDOM Continued from page 9
"This tool is designed to help people become better managers that manage stress rather than add to it,” said Peter Brown, Head of the HSE Stress Team. “Poor management can cause stress for both staff and the manager; relieving that stress makes work a more positive place and delivers benefits for both staff and employers."
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WALES Violent Upsurge in Workplace Violence in Wales
The Welsh law firm Dolmans is reporting a rise in the number of cases of violence or threats of violence in workplaces in Wales, which it attributes to the added strain put on employees and employers by the recession. According to Dolmans partner Clare Hoskins, the recession has created a number of business conditions that leave employees stressed and more prone to violence. Companies hit by the recession often find themselves cutting pay or benefits and laying off workers, all while having to ask more of their employees. Even simple things like cutting back on training, team-building, and other seemingly minor programs can have a negative effect on employee morale, and demoralized employees stressed by lower pay and more work become more prone violent confrontations. Violent confrontations can open employers to liability if employees take legal action, liability for which employers are too often unprepared if they are even aware of it at all. To avoid liability, it is important to investigate the circumstances in full and follow a fair procedure prior to reaching any decision as to who is to blame and what sanctions should be applied to those involved.
To read more, click here LEGAL NEWS A Scary NLRB Decision Threatening the Integrity of Workplace Investigations
In their most recent decision, the National Labor Relations Board deemed it unlawful for an HR Manager to request that employees not discuss company investigations into employee workplace complaints. However, HR wants to keep the investigation confidential because confidentiality not only encourages victims to come forward and be forthright, but also helps ensure that rumors are not created and spread. Instead, the Board concluded that an employer's concerns with protecting the integrity of workplace investigations are insufficient to outweigh employees' Section 7 rights. (Section 7 rights are those to engage in "concerted activities" for the purpose of collective bargaining or other
"mutual aid or protection"). Were a court to uphold the Board's decision, companies may find themselves unable to properly investigate and address allegations of behavior that violates a non-harassment policy. That means more lawsuits. Further, fewer victims would complain and harasser behavior may go unchecked. This could expose the victim to further inappropriate behavior and also result in other new victims being forced to endure similar discrimination and unlawful harassment in the workplace.
To read more, click here Employer Not Required to Conduct Background Check, and Not Liable to Customer Who Was Pistol-whipped by Employee
In Harris v. KFC U.S. Properties, Inc., a federal district court in Pennsylvania ruled that the operator of a Kentucky Fried Chicken outlet in Philadelphia was not liable to a customer who was pistol-whipped by a store clerk. In the lawsuit, Harris claimed that KFC was negligent in not conducting a background check, and should have known that the assailant had a propensity for violence. KFC had a policy prohibiting employees from bringing guns or other weapons to the workplace. It also conducted criminal history checks only of candidates for management positions. Rejecting Harris' claim, the court held that KFC was not legally required to conduct a criminal history check for store clerks. Further, if KFC had conducted a background check, the records would have revealed that employee had two prior convictions for nonviolent crimes from over five years ago. Under such circumstances, KFC was not legally on notice that the employee would bring a gun to work and pistol-whip a customer.
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