One such issue is how to manage complaints by employees about other colleagues – a particularly tricky situation especially if it relates to something personal to that colleague, for example their body odour or personal hygiene.
This sort of thing is not uncommon and, as mentioned, approaching this wrong can be mortifying for the individual, as well as for the person designated to deal with it, but can also pave the way for costly claims.
As an employer, you owe a duty of care to all staff– so that includes a duty to the complainant to handle their concerns properly as well as a duty to the individual who is the subject of the complaint – to approach them with care and consideration for what will undoubtedly be embarrassing for them. You have to be careful not to breach contractual obligations as to do so may give rise to claims of constructive dismissal so do take care to get it right.
You also need to address it because it will affect the way your employee is perceived, not only with their colleagues but also potentially with customers, and therefore the way your company is perceived too, if the individual is in a customer-facing role.
Firstly, the key thing is to assess the specific circumstances at play which will hopefully give you an initial steer in identifying the correct way to approach the particular issue as soon as possible.
Make a clear note of anything the complainant says and make sure to keep any such notes as you may need them further along in the process, if things do not improve and you need to handle it more formally.
Depending on whether you are dealing with, what appears to be, simply a straightforward case of poor personal hygiene or whether the issue might be related to a personal reason or medical condition will inform how you tackle it. So, try to identify the reason as early as possible to reduce the risk of handling it wrong and exposing the organisation to risk.
How do you actually do this?
This is often a really difficult thing to balance. There will be natural concerns about offending the person but also about being accused, as a result, of insensitivity, bullying and in some cases discrimination.
The first bit of advice we can give is to tackle this head on, confidentially and carefully, at management level and not to try and address it by means of hints, even if this does seem the kinder option.
Tackling it at management level early on will also reduce the risk of your staff taking matters into their own hands which could mean that the situation is handled badly which is a further risk for you, as an employer. Employers can be liable, at law, for the actions of their staff and so you may find your organisation at the receiving end of a costly discrimination claim because of the manner in which your employees have tried to tackle the problem of a smelly colleague.
Leaving a can of deodorant on a colleague’s desk might seem less embarrassing but often the problem is there because the individual doesn’t realise that they smell in the first place and so may not assume that the deodorant is left there for them anyway. Plus, this might suggest a slightly mocking approach or make the individual feel that they are being targeted, that it is a group prank or, at the very least, that colleagues have collaborated, so handling it directly, confidentially and professionally will reduce that risk significantly.
Next, think about discretion and confidentiality. This will be embarrassing for the individual in question and so make sure that any early discussions take place in an informal and private setting, not in the office in front of the team. You could even consider taking the individual out for a coffee as a friendly non-workplace setting will help the individual to see that this is not a personal attack. We also suggest that you time the chat to take place at the end of the day so that he or she does not need to sit at work feeling self-conscious for the rest of the day, knowing that colleagues have said that they smell but unable to do anything about it.
When it comes to what to say, explain that you have something sensitive to discuss but that, as far as you are concerned, it is not something for him or her to be embarrassed about but is something that you have to raise because a concerned colleague has come to you. Try to downplay the issue a little to help them feel less embarrassed – remember, this is the first approach and hopefully will be the last time you will need to mention it and so it is fine to approach it softly at this stage. Be honest, direct but as kind as possible.
An example of what to say might be along the lines of:
“I need to raise something with you that is a little awkward but I want to stress to you that it is not something you are to be at all embarrassed about. A concerned colleague has come to me to tell me that they have noticed an odour around you lately and are worried about you. This is the sort of thing that people often don’t realise about themselves and I do not want this to become something that other colleagues notice and so want to talk to you early on so that it gives you chance to address it or discuss it with me if there is anything that you are aware of that might be causing it which we could help with”.
It is impossible to totally take the embarrassment factor out of this but what you say, and how you say it, can make a big difference to both parties.
What happens next will depend on how the individual responds.
The ideal solution is that he or she simply had not realised and is a bit embarrassed and resolves to address it – which will hopefully mean you do not need to take it any further.
However, it does not always go so smoothly and the following are examples of responses that may require you to adopt your stance:
A Dress Code policy can be a useful document to support this as, whilst it would typically refer to clothing and appearance, references can be made in it to standards of hygiene and cleanliness and so do check if you have one in place as now would be a good time to refer the individual in question to it.
If the individual continues to be defensive and the problem does not go away, then you may subsequently need to take it further by means of a more formal approach and we would recommend that you always take legal advice at that stage if you are faced with this as any disciplinary process entered into about this sort of thing can expose you to costly claims for unfair dismissal and even discrimination and so do exercise caution and take advice to get it right. But, essentially, this would involve clear standards, goals and monitoring them closely.
This might be because the individual has a condition that meets the definition of a disability under the Act, or is receiving treatment for another reason that also attracts Equality Act protection. Cultural differences in food can also sometimes lead to different body smells, also leading to potential for discrimination claims which is why it is so important to assess early on to identify any underlying issues so that you can factor them into how you handle it in any ensuing processes you undertake and comply with any additional obligations on you that arise. If the individual can show they have been treated less favourably because of that issue, they may have a successful discrimination claim.
In that case, we would recommend specific legal advice and guidance with a full assessment and medical and/or occupational health assessments prior to any decisions being made.
When might you need to escalate it to a formal stage?
Hopefully, an informal word is enough to rectify the problem. However, if there is no improvement and it still persists, then it is likely that you may have to move towards a more formal process and this might even mean disciplinary action.
Any such formal process will need to involve setting clear standards about what you expect of staff hygiene and appearance and you may even need to set some improvement targets with timelines for improvement and regular monitoring. Remember to be supportive where at all possible.
If things still don’t improve, then you may even need to commence formal disciplinary action.
In order to protect your position, should this become necessary, make sure you keep notes of all conversations at the informal stage as well as copies of complaints received by colleagues or customers as these will all help if you do need to take disciplinary action down the line and always account for any issues that might afford the individual protection under the Equality Act as these will always inform how you proceed with any more formal process and must always be taken into account.
Should you have any queries relating to this or to any other employment law or HR issue, please contact the team on 01904 360295 or enquiries@bridgeehr.co.uk