24 September 2007
According to national statistics a high percentage of the population are at risk from being overweight, smoking and excessive drinking. In addition, increasing numbers are struggling to keep up with personal debts. Should employers concern themselves with the private lives of employees?
Personal problems, bad habits and even an employee’s love life can on occasion affect an employee’s performance and misbehaviour outside work can threaten the business. Employers can legitimately protect their interests but must act reasonably when doing so, particularly when it infringes on the employee’s right to a private life.
Alcohol consumption presents a big risk for employers even when you ignore the safety critical jobs, such as driving or operating machinery. According to the Health and Safety Executive up to 14 million working days are lost each year through alcohol related absences. Employees’ drinking habits after hours can, to some extent, be controlled by introducing and enforcing company rules which state that being under the influence of alcohol during working hours and impaired performance brought on by alcohol consumption is a disciplinary offence. Last month in Waters v United Biscuits (2007) a Scottish tribunal upheld the employer’s right to dismiss an employee who arrived late for work and smelling of alcohol as the firm's policy made it clear that alcohol-related incapability would be treated as gross misconduct.
Having said that, in the absence of a clear “zero tolerance” policy, a tribunal is more likely to criticise an employer who disciplines an employee with a heavy drinking problem for misconduct. Alcohol dependency is recognised as a health condition, which can be treated, and as such employers should deal with the matter as a capability issue. Provided the employee accepts that they have a drinking problem and are willing to seek help, assisting the employee to get medical advice and counselling or throughout a period of rehabilitation can be more productive for both the individual and the organisation.
Similarly, offering assistance to employees who have financial problems is also likely to be of benefit. Debts which go unmanaged will cause stress and anxiety and may lead to poor performance or attendance. If the situation escalates the employee’s home and job may be at risk. Employers can assist employees by providing access to employee assistance programs or courses on managing personal finances. The risk for employers is greater when the financial problems are coupled with a gambling addiction. It is estimated that online betting during working hours is costing employers £300 million a year in lost productivity and there is an increased risk of theft or fraud to fund the habit. To protect their interests employers should prohibit online gambling and preferably block access to such sites. It is appropriate to treat any breaches or fraudulent acts as misconduct under a disciplinary policy but employers can also encourage employees to come forward by openly offering support and referral to specialist organisations such as Gamblers Anonymous.
It can also be harmful to the business when colleagues enter into a personal relationship outside of work. If the relationship turns sour maintaining a working relationship can become difficult and may result in complaints, even malicious ones. If the couple work closely together, others in the team may complain of favouritism or inappropriate behaviour. Depending on the positions held, the risks can include breaches of confidentiality and an increased risk of fraud. Whilst it is possible for employers to have policies which prohibit personal relationships these should be limited in scope to high risk areas, such as between a manager and a subordinate, and the situation must be carefully managed to avoid potential claims of unfair dismissal and discrimination. In practice, these policies can be counter productive and may encourage more secrecy. As an alternative, employers can adopt a less threatening approach, which in principle accepts that relationships are going to happen but ensures that effective procedures are in place to deal with problems if they arise and clear guidelines on the standards of behaviour expected. A new fact sheet on managing personal relationships at work is now available on this site to Buddy members.
These are just a few examples of the many ways in which our personal lives can have an impact on our working lives. Organisations should consider the potential risks when the boundaries are crossed and have effective procedures in place to ensure that they do not pay the price for their employees’ free time!