Académique Documents
Professionnel Documents
Culture Documents
Janet Shucksmith
Deborah Hall
Sarah Russell
Health and Social Care Institute, Teesside University
Glossary
AfC
DH
Department of Health
HR
Human Resources
NHS
ONS
PCS Union
PCT
RCN
R&D
TU
Trade Union
UK
United Kingdom
Contents
Executive Summary.................................................................................................................... 1
1
Introduction ....................................................................................................................... 7
Background ........................................................................................................................ 8
2.1
2.2
2.3
2.4
2.5
Methods ........................................................................................................................... 14
3.1
3.2
3.2.1
3.2.2
3.2.3
3.2.4
3.3
3.3.1
3.3.2
3.4
3.4.1
3.4.2
3.4.3
Engagement of Organisations............................................................................ 18
4
4.1
Results ........................................................................................................................... 19
Trade Union representatives .................................................................................... 19
4.1.1
4.1.2
4.2
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.2.7
4.3
4.3.1
4.3.2
4.3.3
4.3.4
4.3.5
4.3.6
4.3.7
Discussion......................................................................................................................... 48
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
Other findings............................................................................................................ 51
Recommendations: .......................................................................................................... 52
References ....................................................................................................................... 55
Appendices............................................................................................................................... 59
Executive Summary
Introduction
The Compassionate Communities project at Teesside University was developed following
publication of the North Easts 25 year public health strategy Better Health, Fairer Health
(2008). This Strategy specifies ten themes, one of which is A Good Death, which advocates
applying a public health approach to the end of life, an area of activity more normally
associated with clinical medicine. A specific aim of a public health approach to end of life is
to normalise death and to address not just personal aspects of the topic, but also the
structural and societal factors which impede our ability to respond compassionately to
those nearing end of life.
One aspect that has been identified as creating difficulties for those nearing end of life and
those caring for them relates to the leave policies operated by companies and firms. People
caring for relatives nearing the end of life may need additional unpaid leave or flexibility
about how existing paid leave is used both before and after the death. To what extent do
companies and firms admit the justice of these claims and how do they deal with them?
This pilot study, funded through the University Research Fund of Teesside University, aimed
to examine the Human Resource (HR) environment around end of life in the United
Kingdom (UK). Project objectives were to:
1.
2.
3.
4.
5.
Explore the statutory position with regard to HR policies relating to carers of people
nearing end of life and for those people recently bereaved
Examine the views of trade unions and professional organisations relating to
workers rights on these issues
Review the current HR policies of a number of major employers within the Tees
Valley in both the public and private sectors
Investigate the flexibility with which these policies are interpreted by HR leads and
managers
Listen to the views of employees with experience of these issues.
The project
This project was conducted in three key phases:
Preparation and piloting, including the design and formulation of the questionnaires
and semi structured interview schedules, and of the ethical approval documentation
Data collection
o Questionnaires and policy requests, sent to the HR departments of 60
organisations based in, or with sites in the Teesside area
o One to one interviews with HR staff from these organisations
o One to one interviews with Trade Union representatives
o One to one interviews with local employees with recent experience (within the
past 5 years) of taking time off due to bereavement, or to care for a loved one at
the end of life.
1
The achieved sample focused on large scale organisations, the majority of them in the public
sector and with a predominance of professionals and semi-professionals in the workforce.
Discussion
Variations in written policies
Although there is no legal right in UK for the amount of days away from work regarding
bereavement leave, time away from work is often mentioned within contractual
agreements. All organisations had some form of written policy which documented
entitlements around bereavement leave. At times these policies provided time off for
individuals beyond those qualifying as a dependent under the Employee Relations Act
(1999). As an example, some organisations provided time off following the death of siblings
or grandparents. All provided some paid leave, with the majority providing 3-5 days and
some providing up to 2 weeks paid leave.
The majority of organisations consulted with trades unions and professional organisations
around policy development, and policies were regularly reviewed. Some also consulted
with employees and managers around policy development and evaluation. This can be seen
as an area of good practice, and ensures that all parties are able to explore the development
of appropriate HR policies for specific workplaces, and can review them as required.
Policy documents were clear and easy to access generally. Where organisations had clear
policies in place it was usually felt by Trade Union representatives and HR personnel that
these enabled employees to be aware of their rights, and assisted managers with decisionmaking.
Organisations that provide clarity and transparency around workers rights via policies are
deemed to enable fair treatment amongst employees, and also provide managers with clear
guidance. However, policies that group bereavement with other emergencies, and limit
pay, can be problematic, firstly due to a lack of recognition of the sensitivity and support
needs around bereavement, and secondly because employees may receive less paid support
than they perhaps require if they have used paid entitlements elsewhere.
Ambiguous or unclear policies can cause interpretation issues for both employees and
managers. At the same time many employees looked for employers to use discretion and
sympathy at such difficult times and thus over-bureaucratic approaches to counting leave
days and calculating pay were regarded very negatively in terms of dealing with employees
at times of distress.
The discretion of the line manager
Evidence from the study and from literature reported elsewhere indicates that the line
managers role is pivotal for the experience of the employee, and employees acknowledged
that support was dependent upon the line manager. However, manager discretion is not
without issues and can lead to differences in application within large organisations.
2
Trade Union representatives suggest that purely discretionary models are problematic
though, providing individuals with no guarantee around time off. Further, poorly managed
discretion can lead to inconsistencies in treatment and ultimately resentment between staff
within the same organisation. However, a complete lack of flexibility and recognition of
individuals needs can be restrictive. Flexibility in approach was evident within all of the
organisations and employees often expressed the view that the use of ad hoc
supplementary leave was viewed positively. Few organisations had in place mechanisms
that monitored discretionary arrangements administered by their line managers.
Training and support for the line manager
Evidence of formal training of line managers was limited; however, all provided some form
of ad hoc support to managers. There were also some instances where participants
acknowledged that training was limited predominantly because of time, staffing and
monetary resource restrictions. Nevertheless, it also seems that training might be better
aimed at providing more broad based training and support to line managers, for example in
terms of counselling and in dealing with difficult situations. A minority of organisations and
individuals acknowledged the difficulties of having these types of conversations and
supported managers accordingly via training. These findings indicate that managers may
need more support around end of life issues, not just in terms of formal policies, but
focusing on the sensitivity of the topic also.
The working environment
Where specified leave arrangements existed within organisations for bereavement or care
at end of life there were a number of employees who discussed the lack of fairness in access
to leave, their resentment most notably focused on those people seen to take a lend, i.e.
take advantage of the generosity of the scheme by making sure they received their full
entitlement regardless of their need. In such instances, employees were keen that there
might be a solution to this situation, so that other employees might not be disadvantaged
by those who were seen to be abusing the system. Similarly, some HR staff recognised
that employees could take advantage of supportive systems, which could have an impact on
other staff.
However, employees were also realistic generally, and accepted that it was not possible for
all organisations to permit the taking of paid leave whenever requested by employees (even
in genuine circumstances). More realistically, employees talked more about the advantages
of improvements due to flexible working patterns (even where this required them to take
unpaid leave) and in the resulting more compassionate environment. They acknowledged,
too, that there needs to be a paradigm shift, from a possibly low trusting workplace, to one
that is more supportive and demonstrates a professional trust in employees.
Other supportive options noted by respondents (i.e. changes to working hours, phased
return to work) are not always available, especially for those people working in small
organisations or within certain job roles. Flexibility that exists beyond formal policies
around end of life, however, enables recognition of individuals needs.
There was also evidence of support for end of life issues via other workplace-based services
such as counselling and occupational health. Large organisations, particularly, often provide
3
support services, such as counselling. Support to external sources, referred via the
employer, was also valued.
The case for compassion
There was evidence of really supportive working environments within our research.
Some organisations encouraged and supported open dialogue between the employee and
line manager, and some of the employees had experience of good communication within
the organisation.
Anecdotal evidence suggested that understanding of the grieving process within some
organisations had resulted in better outcomes for employees. A lack of recognition of the
difficult issues facing employees at this time can lead to low productivity, raised absence via
other means, such as sickness, or annual leave. Flexible working arrangements for
employees were said by some to have resulted in lower levels of sickness and in the creation
of more supportive environments.
Other findings
Many of the people we talked with were carers, too, and this usually related to the care of a
person other than the person that had died. Few carers recognised their informal caregiving
role, and therefore had not accessed support in sustaining this function.
Some of the organisations we talked with asked if there was something they could sign up
to to be part of the Charter establishment and this may an area for future consideration.
Recommendations:
At a national level:
There may be a case for the UK developing statutory minimum levels of paid leave to
enable staff to deal with end of life issues, as exhibited in other countries, such as
Australia. Such a shift in policy may be increasingly necessary, given the anticipated
demographic changes associated with an ageing population as well as the
withdrawal of state subsidy of many service functions. It is unclear who will service
the Big Society at the same time as we are all being exhorted to maintain our role in
the workforce. Changing pension arrangements make it less rather than more likely
that carers will be able to take gaps in their careers or afford to downsize their work
commitments
A shift in the debate is needed, with organisations recognising the ethical as well as
the economic value in providing a more compassionate, humane approach when
dealing with workers addressing end of life issues. Within this debate, the overall
benefits of more compassionate policies within the workplace (in terms of improved
morale, lower sickness rates, improved productivity etc) should be further explored
and evidenced
Given the likely need for more extensive use of flexibility in working conditions to
cope with the increased number of carers, it may thus be more appropriate for
compassionate leave policies to be modelled on those relating to maternity leave
than for them to be grouped, as they often are, with leave related to dealing with
unforeseen calamities such as a flooded house
Good practice examples of well thought through carer/bereavement leave schemes
that are thoughtfully applied and monitored need to be better publicised, in order to
encourage other companies and firms to examine their own practice
Schemes that reward and acknowledge workplaces that offer excellence (e.g.
Investors in People) need to take on board this aspect of workers welfare.
At the level of the individual firm/organisation:
The evidence from this report indicates the importance of a commitment from HR
Departments to produce appropriate policies and guidance, and to back this up with
clarity for line managers and employees in using it
Within this clear framework of entitlement, however, the importance of the
discretionary input of the line manager is critical. This valuable, pivotal role should
be acknowledged as such and supported in an appropriate manner within the
organisation
Training and awareness for line managers needs to be broad based and generic, i.e.
dealing with difficult situations and understanding and supporting the process of
grief. Firms and organisations need to look at the range of flexibilities and work
culture practices that can ease matters at time of leave and on return to work for the
carers of patients at end of life or the bereaved.
This study was small in scope and looked principally at larger employers, many of them in
the public sector and employing professional staff. The very different circumstances of
small scale enterprises, private companies and those employing non-professional staff
deserve further study in respect of this issue.
Introduction
Explore the statutory position with regard to HR policies relating to carers of people
nearing end of life and for those people recently bereaved
Examine the views of trade unions (TU) and professional organisations relating to
workers rights on these issues
Review the current HR policies of a number of major employers within the Tees
Valley in both the public and private sectors
Investigate the flexibility with which these policies are interpreted by HR leads and
managers
Listen to the views of employees with experience of these issues.
2
2.1
Background
Changing demographics; a changing economic climate
Death, dying and bereavement are issues that affect all of us at some time in our lives; for
many people, these events impact upon their lives during their years in employment. There
is a recognition that demographic changes will result in a variety of challenges that will
impact on families and carers in the coming years. The growth in the ageing population is
globally recognised, but offers very stark challenges to the most developed industrial
economies. It follows that there will be an increasing need for carers to support their
relatives and loved ones whilst at the same time aiming to continue in paid employment
(Arksey and Glendinning, 2008, 1).
We have relatively poor data on the numbers of people caring for those at end of life.
Statistics generally relate to carers in general, which will, of course, include those looking
after children with disabilities and so on. The Census 2001 (Office for National Statistics
(ONS), 2003, online) estimates that in that year there were 5.2 million people providing
informal care in England and Wales alone, equivalent to almost 10% of the population.
More than half of all people in paid employment have participated in some form of informal
care in the past ten years, while 1.6 million people provide some unpaid care on a weekly
basis. Of these people, almost 1/10 of them provide 50 hours of caring support every week,
in addition to their paid employment (ONS, 2003, online). A Government strategy
document focusing on carers, Recognised, valued and supported: Next steps for the Carers
Strategy (2010a, 42), however, claims that in reality - these figures are much higher; the
document suggests that there are around 3 million people in the UK juggling caring
responsibilities and paid work, and notes that 1 in 3 people will become carers at some
point in their working lives.
In a study involving questionnaires and interviews with carers in the UK, Carmichael et al.
(2008, 20) found that carers had a perceived lack of choice in being able to successfully
combine caring responsibilities and paid employment. The authors highlight the potential
benefits trap that exists when carers gain paid employment that then negates their ability to
also access Carers Allowance, and suggest that carers therefore lose state benefits,
sometimes resulting in their withdrawal from the labour market (Carmichael et al., 2008, 7).
There has been less discussion of the fact that recent changes to pension arrangements (e.g.
the raised age for accessing State pension, the reduction in the numbers of people able to
enter final salary pension schemes, the changed calculation of benefit accruing from salary)
will all make it more difficult for those in their middle working years to take time out from
working lives in order to undertake caring duties relating to elderly parents for example.
2.2
Fitzpatrick (2007, online) stresses the importance of facilitating the ability of employees to
gain a balance between work and family life, and claims that up to 80% of carers aged over
50 have given up work to provide care. It is argued, too, that policy-makers and social
8
services need to recognise the heterogeneous nature of carers in order better to attempt to
redress the current practical difficulties that many carers experience while trying to juggle
working and caring commitments (Eley, 2003, cited in Arksey and Glendinning, 2008, 2).
Within their qualitative research interviewing 80 carers within the UK, Arksey and
Glendinning (2008, 9) found that some employees were able to negotiate more flexible
working with their managers in order to sustain their care giving responsibilities, while other
employees made use of informal arrangement with colleagues as a preference.
Additionally, they highlighted that some employees had accessed their current role in view
of the potential flexibility it offered for their care-giving role, while some carers had left a
previous employment in view of the restricted opportunities it offered for balancing work
and life commitments.
Future financial entitlements need to recognise the responsibilities, especially of women,
with respect to caring and of being employed often in low paid and part time roles
(Carmichael et al., 2008, 27). Such exhortations are obviously interpreted quite differently
when written in a period of boom and read during a period of bust when large
corporations, small businesses and public enterprises are all urged to make economies and
use lean thinking to reduce costs.
Currently, a lack of clear guidance and support from employers persists, especially around
the achievement of a work life balance that reflects the real experiences of employees
related to caring responsibilities (Malik et al., 2009, 295). The Department of Health (under
the last government in 2008) provided explicit guidance regarding the need to support
those people caring for others while also undertaking paid employment:
Engaging with employers is absolutely vital to ensuring carers can combine paid
employment with caring. We are working with business to produce a good
practice guide that will emphasise the business case for employing carers. (DH,
2008, 21)
Despite the rhetoric, it remains evident that many people either give up their paid
employment, or cut back on it, when caring responsibilities emerge. Carers UK/Ipsos (2009,
online) estimate that up to 1 million people have done just that, amounting to 1 in 6 people
with caring responsibilities.
It remains to be seen whether the current government will view the matter in the same
way, given the retrenchment in other welfare rights, such as maternity/paternity leave.
2.3
leave and leave to care for a family or household member. Furthermore, employees are
entitled to a minimum of two days compassionate leave, with pay, either to spend time with
a family or household member with a serious illness, or following the death of the
aforementioned.
For those people affected by end of life issues in the UK, whether the person affected, or
their carer, the plethora of HR policy documents must seem overwhelming, and sometimes
conflicting. As an additional complication, there is also evidence that many HR policies in
these areas are left to the implementation (and discretion) of line managers, who may base
their decision regarding concessions about time away from work for employees on their
own interpretation of HR polices. Bond and McCracken (2004, 254) note how some
managers base their decision regarding time away from work around their perception of the
employees commitment to their role, for example in terms of judgements about the
employees loyalty or willingness in the past to work for additional time. As a result, the
authors stress the importance of appropriate management support and training, especially
in enabling line managers to differentiate between legitimate business criteria, and what
might be their own personal preference and bias (Bond and McCracken, 2004, 258).
Equally, there is the suggestion that a need exists to increase awareness of employers
policies, and to train managers within this remit, too (Maxim and Mackavey, 2005, 110;
Yeandle et al., 2002, 4). Research by Bond and Wise (2003) noted that inconsistencies exist
within the ways that line managers interpret and operationalise HR policies, resulting, they
suggest, from poor training, communication and support. Similarly UK based research
examining supportive workplaces for carers (Arksey 2002) highlighted differences in line
managers commitment to, and promotion of family and carer friendly policies, which
resulted in variations in treatment amongst workforces.
However, requests for more transparency or more uniform application of principles run
counter to the recommendation by others that HR policies and line management systems
should operate flexibly. Phillips et al. (2002, 1), for example, comment that managerial
discretion and flexibility can be of particular help to employees. Further, they note that
trust between the employee and employer is advantageous, too.
McGuinness (2009, 6) discusses a survey carried out in Ireland, in which 34 organisations
were asked about their current policies, awareness of bereavement issues and support to
those employees affected by bereavement. Organisations appeared to acknowledge that
bereavement impacted on employees, affected their work performance, posed challenges
in terms of health and safety, increased sick leave, and resulted in different behaviours by
those people affected. The majority of organisations surveyed (88%) had no bereavement
policy. Many (91%), however, had some kind of provision for compassionate leave.
McGuinness, (2009, 2) highlights that managers generally want guidance about appropriate
support, and recommends an organisational bereavement policy that can set out standard
procedures and entitlements for employees, provide a reference for managers, and that can
also evidence that the organisation takes grief at work seriously (see Appendix). Similarly,
the Labour Relations Department (2011, 17) proposes that policies should indicate clear
provision, in terms of days allowed during times of bereavement, and that, ideally, they
should occur as paid provision for employees. Within their own enquires, it was noted that
11
time away from work was typically set at between 5 to 10 days leave, but that some
organisations offered a guide (not an entitlement) of 20 days leave for bereavement of a
close relative (usually named as a spouse, parent or child).
2.4
There is recognition that some employees will informally take time away from work, usually
by submitting a sick note during times of stress related to end of life issues. Moreover,
some people express the view that they have no choice but to leave their paid employment
in order to provide care at the time it is needed (Carmichael et al., 2008, 24). Other
literature supports these findings, and there is the suggestion that HR policies should
encourage what an employee may be able to do at work, rather than what they are unable
to do in difficult personal circumstances (OReilly, 2010, 22). Indeed, the government
strategy document Recognised, valued and supported: Next steps for the Carers Strategy
(2010a, 43) acknowledges that, in providing a more flexible and caring approach to those
people with caring responsibilities, the employer can benefit from increased retention of
staff, greater productivity and performance from employees, decreased sickness, and
improved cost savings.
Government strategy, too, recognises that a critical component of the public health
challenge is in supporting people with chronic health conditions or with caring
responsibilities to stay in or to return to work (DH, 2011; Healthy Lives, Healthy People,
2010b; Equality Act, 2010c).
The ways in which people manage and cope with their own grief (either as a bereaved
person or a terminally ill person) are also critically affected by how colleagues respond to
their plight within the working environment (Charles-Edwards, 2009, 420). Indeed, some
employees find that work can provide a welcome distraction from a dominant environment
of grief at home (Charles-Edwards, 2009, 427). The surveys undertaken by Maxim and
Mackavey (2005, 113) also indicate that employees often feel that their grief is validated by
a manager who is sympathetic to their loss and perhaps encourages them not to worry
about work.
It is suggested that managers should recognise symptoms of grief in their employees
(Hazen, 2008, 290). In this way, they might be better able to provide support that enables
employees to resolve their grief, and suggests that hidden or suppressed grief can result in
missed opportunities, bad decisions and accidents (Hazen, 2008, 295). The American
Hospice Foundation (2000, cited in OConnor et al., 2010, 134) notes that where loss and
grief are acknowledged within the workplace, there are fewer mistakes, reduced sickness,
lower staff turnover, and improved productivity.
It is possible that a compassionate approach will facilitate more intimate bonds with others,
and work colleagues might also smooth the grieving process (Bento, 1994, 37; Cosley et al.,
2010, 816). Further, the benefits for the person affected can be enhanced in the time that
follows, too; Charles-Edwards (2009, 426) suggests that a bereaved person can feel more
motivated within their subsequent role when their working environment has been
perceived as a source of help rather than of alienation. The constructive ways in which
12
interactions with colleagues can help a grieving person return to work and consequently fit
back into the social structure of the organisation more positively again are also discussed
within the literature (Bento, 1994, 37).
Further, a working environment that is perceived as supportive can aid return to work rates
for people affected by grief and loss (Spelten et al., 2002, cited in OConnor et al., 2010,
134). Flexibility in working can help employees to remain committed to their work, and to
sustain a higher morale, which in turn can increase productivity in the workplace
(Fitzpatrick, 2007, online). Additionally, Hazen (2008, 293) states that employees should
recognise that they are part of a system of reciprocity, feel less strain, and are available for
work. This, she describes as a compassionate culture in which people collectively notice,
feel and respond to the needs of the other members.
2.5
During the development of the Compassionate Communities project, the need for more
clear and succinct guidelines, not only for employees, but also for their line managers, was
evident. In the initial stages of the project, local HR policies were accessed, often via an
email request, and occasionally following a face to face discussion with one of the senior HR
lead staff for the organisation. This led to a number of further contacts and discussions.
As a consequence of early scoping work in the locality a decision was made to apply for
further funding to undertake a systematic analysis of HR policies in the Tees Valley.
University Research Funding was awarded in Spring 2011 and the following sections go on
to describe the methods used and the results that emerged.
13
Methods
Data collection
o Questionnaires and policy requests, sent to the HR departments of 60
organisations based in, or with sites in the Teesside area
o One to one interviews with HR staff from these organisations
o One to one interviews with Trade Union representatives
o One to one interviews with local employees with recent experience (within the
past 5 years) of taking time off due to bereavement, or to care for a loved one at
the end of life
3.1
Preparatory work was undertaken by the research team between January 2011 and April
2011. This work involved the design of the HR questionnaire and the semi structured
interview schedules, information sheets, invitation letters, and consent forms for ethical
submission.
Research and development (R&D) managers with responsibility for the two NHS Trusts
based in Teesside, and the Tees PCTs were contacted before ethical submissions were
made. All R&D managers deemed this work to be a service evaluation, and therefore
exempt from the NHS ethical approval process. An ethics submission was therefore made
to the School of Health and Social Care research ethics committee at Teesside University
and the project received full approval by the ethics committee in April 2011.
The anonymity of all organisations that completed the questionnaires was guaranteed, with
unique identification numbers being allocated to each organisation. The anonymity and
confidentiality of responses from Trade Union personnel, HR staff and employees
participating in interviews was also guaranteed, with all transcripts being anonymised after
transcription and all identifying information being removed from responses. Data will be
stored on password protected devices and on secure sites and are archived for 20 years
after completion of the project. Following this, secure disposal will take place.
Following ethical approval the project was formally registered as a service evaluation within
each of the local NHS Trusts. R&D registration processes were complete for all Trusts in
June 2011. The Research Approval Group covering the four Local Authorities in the Tees
Valley was also contacted at this point. It was confirmed that due to the nature of the
project approval from the group was not required.
The piloting for this research took place between May and June 2011. This phase involved
seeking feedback on the content and clarity of the questionnaire and interview schedules
via a manager within the HR department at Teesside University and a colleague of the
14
research team with recent experience of these issues, both of whom had expressed their
willingness to assist. No amendments were felt necessary by either individual.
3.2
care for a relative nearing the end of life, or because of bereavement. Open questions
focused on personal experiences, and their thoughts around what worked well and not so
well. Participants were encouraged to consider potentially beneficial changes, training
needs and opportunities, difficulties experienced, and return to work arrangements.
Alongside this, specific questions surrounding relevant policies were included.
Sample selection and response rate
It was originally proposed that the research team would identify individuals with recent
experience of these issues via HR departments. However, in the early stages of the research
it became apparent that the compassionate leave process was predominately line manager
led, and that some HR departments might have only limited access to such details. The
research team therefore recruited employees through existing social groups (i.e. carers
organisations or meetings), and via email flyers distributed on their behalf within local
organisations by workplace health and communications officers from the local PCT. In total
10 employees agreed to take part in interviews.
Interviews were held on a one to one basis with the 8 female and 2 male employees. The
interviews lasted between 40 and 65 minutes, averaging 48 minutes in total. Interviews
were each held at a place suitable for the interviewee, ranging from their place of work (in a
private room away from their colleagues), to their home, and in a caf.
3.3
Data Analysis
Methodological challenges
research with organisations, and provide examples of important issues to consider in further
research.
3.4.1 Identifying suitable organisations
The initial work prior to disseminating the questionnaire involved identifying local large
organisations in the region. Although a list was provided by the Chamber of Commerce it
became clear that some large organisations were missing from the list. It also transpired
that some organisations that had been included were in fact small enterprises, with very
few staff. Additionally due to the current economic climate a number of organisations had
ceased to exist or had relocated or merged.
3.4.2 Identifying suitable HR personnel
Through contacting organisations it became apparent that the structure and management
of HR varied greatly. This posed a challenge to the research team with regards to contacting
the most suitable individual. In some cases HR was locally based, whilst in others this
function was managed elsewhere on a national level, or outsourced completely.
Furthermore, some organisations stated that they did not have HR/ personnel departments
and could not provide details of a suitable contact person. Within some national
organisations (in particular those in the retail sector) HR existed at a number of levels
including a personnel manager of each store, and then regional and head office personnel.
In the first instance questionnaires were sent to those at a local level, but it transpired that
they were less willing to speak with the research team. It was however a time consuming
process obtaining contact details of head offices of these organisations and also the
names/contact details of suitable staff working at a more senior HR level.
3.4.3 Engagement of Organisations
Through the efforts made to contact HR departments it also became clear that there was a
reluctance amongst some organisations to take part. Three organisations contacted the
research team on receipt of the questionnaire explaining that they would not like to be
involved in the study. Through follow up calls to other organisations research team were
told that organisations did not respond to research requests, policies were not available for
wider distribution, policies were too discretionary to comment, or that employers were
happy with what they had in place. It also appeared that some of the responding
organisations were defensive around their policies and practice, with some choosing not to
return these alongside their questionnaires, and more than one organisation removing the
identification number from the questionnaire response.
Throughout the research it became apparent that public sector organisations were more
willing to engage with the research. Through speaking with HR staff who had previously
worked in the private sector, the research team also learned that some private sector
organisations would not respond to research requests.
18
Results
4.1
Four trade union representatives were interviewed, representing the Royal College of
Nursing (RCN); UNITE the union, Unison and the Public and Commercial Services (PCS)
union. Representatives worked at various levels within their union; two worked at a local or
regional level, and two at a national level. National level representatives were less able to
provide specific examples of discrepancies and policies but could, however, provide insight
into other issues.
Members of the represented unions worked in a range of professions. Within the RCN this
consisted of predominantly registered nurses, as well as retired nurses and healthcare
assistants. Within the PCS members worked primarily within the civil service. Unite and
Unison covered a broad range of jobs including refuse collectors, air stewards, healthcare
professionals, and administrative staff.
4.1.1 Variations in compassionate leave
Due to the vast range of jobs covered representatives were able to provide insight into
variations in policies and support available within the workplaces that their members
worked. Three representatives discussed the fact that, in the absence of clear legal
minimums around leave entitlements, employers often had different local agreements. This
was even evident in different organisations employing staff in similar roles, for example staff
employed in different sectors of the civil service. Two representatives acknowledged that
there were some commonalities around bereavement leave, and, in general, time scales of
around 3- 5 days special leave were known, with one describing little variation here.
However, representatives discussed how the flexibility around this provision varied, with
extensions varying between paid, unpaid, annual leave, or when little flexibility was
apparent, sick leave being the only (often problematic) option:
They veer from absolutely nothing, through to periods of time off, through to
flexible working. Theres a big range. (Trade Union representative 2)
Trade union representatives were prompted to comment on variations in policies between
public and private sectors and large and small organisations. One representative was of the
opinion that there was no real pattern, and that the availability of supportive policies
depended more on the type of employer. They provided examples of good practice from
both local authorities and large private sector companies. Two other representatives were
of the opinion that private organisations were less likely than public sector employers to
have supportive policies in place. However, they also acknowledged that this wasnt always
the case. Two described how smaller organisations were felt less likely to have written
policies than larger organisations:
My feeling would be that private organisations are unlikely to have a
policy*however+ it depends on the size of the organisation. *name of private
19
time off sick if there is carers leave or bereavement leave or whatever available
to you. (Trade Union representative 1)
However, the limitations of clear cut policies were acknowledged by three representatives.
It was felt that the provision of a set amount of days off could sometimes be restrictive,
focusing on the practicalities after death (for example funeral arrangements and clearing
houses) and that employees may not perceive this to reflect the amount of grief they may
be experiencing. This could in turn leave employees in difficult situations when
entitlements were used up, which could result in sickness absence or returning to work
when they werent ready:
The problem is, its alright having a transparent policy, but when youve used
your entitlements to the policy do you say to that worker: Right back to work
tomorrow, as if nothing has happened? Even though the issue might not have
gone away at that point. (Trade Union representative 2)
One representative further discussed a particular case where the line manager had stayed
within the remit of the policy by offering an employee unpaid leave or annual leave whilst
caring for a loved one who was terminally ill. However, this was felt by the employee and
the representative to lack understanding, putting the employee under additional financial
stress at an already stressful time, and potentially using up annual leave that might be
needed at a later date for rest and recuperation. This representative also advocated that
instead of a blanket policy being in place in organisations, policies should act more as
guidance, enabling managers to work flexibly to support individuals needs.
Discretion and flexibility
Other representatives acknowledged (albeit to varying degrees) that there was also a place
for flexibility in the management of compassionate leave). One representative
acknowledged that a purely discretionary system (with no formal policies in place) might
work in small organisations, where good relationships were established between staff and
management. Discretion was seen as having a role when considering additional time off
relating to individual situations and responses to end of life and bereavement issues:
The nature of what any individual may be confronted with regarding whos ill, the
nature of the illness, how long the illness is going to be, the mental wellbeing of
the carer or the bereaved, some people may handle it differently, some really
well, others not. (Trade Union representative 4)
Its difficult to manage if somebody is dying. How long is it going to be? With
some it could be three months to six months, or five to six days, well Im up to my
seventh day, you ring the employer, theyre not dead yet, its what do you do?
So again thats where we would look for that bit of discretion and sympathy to be
honest. (Trade Union representative 2)
However, all representatives were aware of problems due to discretion in the management
of compassionate leave, and purely discretionary models were provided as examples of
21
problematic systems, with employees having no guarantee around what provision they
would receive:
[In the absence of written policy] the last thing the individual wants at these
times is more hassle, its not particularly compassionate to have to go cap in
hand and say can I have some time off to spend with a seriously ill relative?
(Trade Union representative 2)
The use of discretion could result in feelings of unfair treatment by employees, or
inconsistent practice towards colleagues within the same organisation, in particular around
the amount of time off that they were granted:
That can sometimes be the problem even with bigger organisations where there
is that element of discretion, youll have one manager in one area who will give X
and then another down the corridor who will do something completely different.
That can be iniquitous within the workforce; [it] can breed resentment and all
kinds of difficulties. (Trade Union representative 1)
Discretionary decisions by managers had been known to be influenced by issues such as the
seniority of the employee, the ease or difficulty by which different staff roles could be
covered, the employees attendance record at work, the assumed closeness of a
relationship between the employee and the deceased, or the relationship between the
employee and their manager. Representatives discussed how such criteria were at times
problematic, and unsupportive and how poor management of discretion could lead to
resentment amongst the workforce, feelings of inequity and disadvantage, and strains
on relationships at work:
I have experience of a boss being given additional paid sick leave because his
partner had been diagnosed with a potentially terminal illnessthe extension was
considered a compassionate leave issue. However other staff have not been
granted additional compassionate leave (or sick leave) This caused stress as it
was considered that the bosss needs were treated as more important due to
their status and how well known they were amongst the managers making the
decisions. (Trade Union representative 3)
All representatives were of the opinion that discretion should therefore supplement rather
than substitute for a clear policy. One representative in particular felt that discretion had a
limited place, and, if incorporated, needed to be tightly managed and contained within
open procedures and agreed management guidelines. Others acknowledged that effective
use of this discretion relied on good management skills, and that managers needed
guidance to support them in making decisions:
I think managers arent trained counsellors...they are human beings like you and
I...I think a manager does need a certain amount of guidance to know what they
can offer staff. Within that I think its a case of managers themselves needing the
people skills...to look at a situation and say that person clearly needs our help
and support at this time. (Trade Union representative 4)
22
Local Authorities and some of the larger organisations and chemical companies
[have] counselling services available should they need them. The smaller
construction side of things they dont bother; they dont see it as part of their
remit to supply things like that. (Trade Union representative 2)
4.1.4 Cases raised and grievances
There was some consensus that issues around compassionate leave were not raised very
often, or less so than in the past. Discretionary systems being used unfairly were described
most frequently as problems referred to TUs (as discussed above). However, financial
support and unfulfilled requests for time off, particularly in the absence of a policy were
also reported to result in grievances:
The worst ones are the...[ industries] where they have no policies written
down...a relative dies or theres a care issue and they*workers+ ask for time off
and theyre refused...and thats when theres an awful lot of arguments around
that... Its something that doesnt happen very often but we still find a lot of
people unhappy that they have had to go and physically ask for time off. (Trade
Union representative 2)
Representatives described in detail the process when issues relating to compassionate leave
were brought to them. Cases were initially managed at a local level and often raised as a
grievance. They could, however, escalate to higher levels within the union if required.
Negotiations would ideally lead to a compromise between both parties. One representative
was of the view that, in the case of end of life issues, such problems are predominantly
raised after the personal emergency, and therefore winning a case was something of a
hollow victory. Furthermore this representative acknowledged that this may prevent
further employees from engaging in a lengthy process of raising a grievance, as ultimately
the event has passed and cant be changed.
4.1.5 Moving forwards
Current challenges
Representatives discussed how the current political and economic climate could have an
impact on the achievement of clearer compassionate policies and well managed support.
Representatives recognised that the workforce was going through a difficult economic time
that was likely to have a key bearing on any changes. One representative explained that in
the case of public sector organisations, employers were constantly being attacked by the
media about providing better working conditions. These employers may in turn feel
pressure to tighten policies, so that their employees do not appear to be treated more
favourably. Others felt that the current climate could potentially encourage employers to
adapt their policies to boost morale. However, representatives acknowledged that
ultimately the issue depended on the employers themselves:
Hoped for improvements could swing either way, depending on the employers
far-sightedness. (Trade Union representative 3)
24
Interestingly representatives mentioned that the current climate was also likely to have an
impact on employees and on their demand for compassionate leave. In these times
employees, who have been bereaved or have a seriously ill relative, are likely to feel
vulnerable like a burden, terrified about taking time off and be experiencing pressure
to return to work. One representative described how this further illustrated the importance
of promoting clear policies and entitlements:
The workforce is going through a really difficult time. Theres an outright deliberate
feeling out there that anyone that has a job is lucky to have one, and you shouldnt be
asking for any more than youre already getting. Really youve just got to put your
head down and mask things... Caring and compassionate leave are probably subject
to the same thing where people are thinking, nows not a good time to be asking for a
week or two weeks off because my mums died, because I know redundancys in the
air and I dont want to be picked off. So perhaps its never a bad time to publicise
clear and transparent policies and ensure that people know what their entitlements
are. (Trade Union representative 1)
Making improvements
In the light of the current climate representatives discussed ways of engaging employers to
make changes. In particular drawing on the business case was key, advocating the benefits
of a compassionate working environment, such as a happier and healthier workforce,
improvements in productivity, better staff performance, and a reduction of costs via sick
leave. Alongside this employers should be informed of the implications of not supporting
staff around these issues. For example clear statistics on the numbers of cases referred to
trade unions, as well as reduced productivity, and presenteeism:
Retention of skilled and loyal staff...because it makes sound economic sense to
retain good staff and maintain a high morale and a loyal staff base. Staff who
feel they cant cope with the inevitable difficulties that home life can throw at you
will not be giving their best and may well cost a fortune in stress-related absence
from work. (Trade Union representative 3)
Presenteeism has a significant detrimental impact on productivity. Its not all
about bums on seats...if [workers] are not functioning at that time because of
other stuff thats going on, its counterproductive. If youve got people coming
into work who arent capable, if that nurse makes a drug error theres
implications of that on that individual nurse and Trust liability...employers need
to be reminded that this balance needs to be struck. (Trade Union representative
1)
Finally two representatives discussed at length the importance and relevance of the issue
for an increasing number of employees, not least due to the ageing workforce, and that the
profile of this as a serious and highly relevant issue should be raised:
Its making that link *that+ compassionate leave isnt this extraordinary thing; its
a very, very normal part of peoples life course. You know were now looking at a
time with no default retirement age. Were going to have older and older people
25
emergency. Reasons vary and may include illness of a dependent, time off to
make care arrangements, compassionate leave following death. (HR3)
At first glance, policies of this nature, with limited annual pay entitlements may be of
concern when, for example an individual is caring for someone at the end of life and has
used their entitlement here, with nothing left over following bereavement, or if they
suffered multiple bereavements in a year, or used their paid entitlement for other domestic
emergencies.
Time off to care for someone at the end of life
Organisations provided details of their policies relating to carers of individuals at the end of
life. Often leave for carers was included as a subsection within the more general policies
listed previously when describing bereavement leave. However, two organisations had
specific carers leave policies, a number stated that policies relating to changes in work
patterns were relevant such as flexible working policies.
A couple of organisations provided very discretionary statements relating to time off for this
issue, such as reasonable time off will be offered depending on the circumstances. Other
organisations had specific entitlements for carers within their policies (including three days
with pay, or five days in any one circumstance with a limit of ten days per year). Two
private sector organisations offered a generous period of unpaid leave that could potentially
be taken by someone with caring responsibilities (12 and 13 weeks respectively). However,
within one of these organisations this leave was only available to staff on certain terms and
conditions. Four other public sector organisations offered up to 12 weeks paid or unpaid
leave specifically to individuals who were caring for a dependent who was terminally ill.
(However it was explained that the full 12 weeks with pay would not always be issued).
Improvements to leave entitlements
On the whole HR professionals felt that their policies were fit for purpose, or acceptable. A
number described current policies as favourable in comparison with those in place in
previous workplaces of which they had experience. The majority stated that they consulted
with trade unions and professional organisations in their policy development, and that these
were reviewed regularly and updated in line with legislative changes:
Legislation changes would come into thinking, new best practice. You can never
say a policy is final because theres always going to be changes. Most policies
have a review date built in. (HR 4)
HR professionals from organisations providing more supportive policies were generally very
positive about these and described how they enabled them to support employees at a
difficult time, and reduce sick leave and staff stress. Two organisations explained how this
policy was an improvement on what was previously offered for staff in this situation:
These people were going off sick because if youre at home caring for someone
you know youre going to lose, that absolutely must be stressful We have found
that staff are ever so grateful that we have this policy, where theyve needed it. I
just think if you support your staff you get it paid back a million times. (HR 2)
28
Throughout interviews all HR professionals discussed how they would like to hear about
examples of good practice. A few HR professionals acknowledged that there were
limitations around their provision of compassionate leave. With regards to bereavement a
few described how there was not a lot, how employees may feel that this time is too short,
how at times the amount of leave is not always enough and results in absence under
sickness, and how a longer period might be beneficial. One HR professional who worked in
an organisation that grouped compassionate leave with other emergencies discussed that it
should really be considered as a separate issue. This opinion was influenced by her own
experience of needing leave for bereavement:
Also seven days is not a lot of time. Seven days is a lot of time for the other
examples, like a flood or childcare breaking down. Normally you can get
something in place a few days later. For me I always feel that compassionate
leave should be a separate policy, or part of the policy, like maternity leave is.
(HR 9)
Another HR professional acknowledged how their current provision for carers of individuals
at the end of life was limited. Within the questionnaire and interview they stated that they
would like this to be improved:
It would be nice *to improve the policy+; on the few cases that weve had it always
seems a little bit inadequate saying to people youve got to use annual leave. (HR
1)
4.2.2 Organisational Comparisons
As demonstrated within Tables 1 and 2, there no obvious differences between public and
private sector organisations in terms of time off for bereavement. Furthermore
organisations offering long periods of leave for carers were both private sector (n=2), and
public sector organisations (n=4). However, within private organisations this leave was only
available without pay. Nevertheless, through interview, some HR representatives did draw
some distinctions between different organisations, often based on past experiences of
employment.
One representative had worked for a range of large organisations, both public and private
sector, and discussed their policies. Within one public sector organisation a very supportive
policy with a maximum leave entitlement of up to six months for bereavement or crisis in
the home (including caring) was adopted. This representative described how the culture of
private sector organisations meant that the adoption of something this extensive was
unlikely. Others concurred that private sector organisations had more of a productivity
focus, and needed to allow compassionate leave provisions that the organisation could
realistically afford:
Ive worked for *name of international private sector organisation], it [very
supportive policy+ wouldnt work there, the cultures very different, much more
cut throat, much more about business need. (HR 4)
29
On the other hand some described how public sector organisations could afford to be more
supportive, and organisations like the NHS were expected to be more compassionate.
Nevertheless two representatives from large public sector organisations described how they
were spending tax-payers money, and therefore had to justify spending, particularly in
todays climate, and although they had a supportive policy in place for carers (up to 12
weeks paid or unpaid), they had to restrict this leave to carers of those with terminal illness
due to finite resources.
Another representative who had worked for different types of private sector organisations
(industrial and retail) made distinctions between organisational cultures and workforce
attitudes, and explained how this had implications for policies. Within his current
organisation a very flexible and somewhat supportive approach to compassionate leave
could be offered. However, he felt that this approach wouldnt work in the retail sector
where high absence rates, concerns about covering shifts, and an us and them attitude
between managers and staff were key issues:
At [retail chain] for example we would have staff ringing up the head office,
saying how many sick days do I have left?... Here *were+ dealing with
professionals; thats not to sound snobby, but theres the attitude where work is
a vocation, its what they want to do, people come to work here because they like
*the job+, employees in retail go to work to earn the minimum wage. Theres a
different attitude. (HR 7)
Although this research focussed on larger organisations, some HR professionals drew
distinctions between policies and support in different sized organisations, again based on
their own experiences. Two described how absences would be more disruptive within
smaller organisations, and have greater financial implications. One also explained how
smaller organisations were unlikely to be able to provide the support services (i.e.
counsellors and occupational health) that were present within larger organisations.
4.2.3 Transparency and discretion
The importance of transparency
HR professionals discussed the importance of having some form of clear policy in place
around compassionate leave issues. It was recognised that it was necessary to provide
guidance, a framework, boundaries, rules and parameters. This was seen as
important in enabling decision making, and providing an element of consistency and
equality between staff. HR professionals discussed that, if a policy was not in place,
managers and staff would not be supported:
With a large complex organisation we cant just leave everything to the
managers discretion, because not everybodys decision making is founded on
solid ground; there will be a huge variance without the framework of the policy.
(HR 8)
(You) have to have some guidelines in your policy, because otherwise managers
or colleagues will think, what on earth am I entitled to? What can I give...If we
30
dont give any guidance the manager would think, is it 20, is it 50, is it just when
the individual feels comfortable coming back? (HR 6)
Clarity of current policies
Within questionnaires HR professionals indicated how clear their policies were around
bereavement and caring for someone at the end of life. The majority of respondents (n=12)
felt that their policies around bereavement leave were very clear (n=10) or clear (n=2), the
remaining two organisations described these as somewhat clear or unclear. Half of
respondents felt that their policies relating to carers of someone at the end of life were
clear (n=7), whilst the others described these as very clear (n=3), somewhat clear (n=2) or
unclear (n=2). Typically returned policies centred round the amount of days an individual
was entitled to take off. Additionally a few policies contained guidance points for managers
around issues to consider when granting time off.
Through qualitative responses and interviews some HR professionals discussed how their
policies were written simply, and were interpretable by managers and employees. Some
perceived the clarity of their policy to be a particular success:
We believe our policies are clear and this is evident in the lack of questions asked
around the subject of bereavement or compassionate leave. (Questionnaire ID
40)
Others described a lack of clarity within their policies. For example one organisation
expressed through their questionnaire that their policy was unclear because it stated that
individuals get up to three days for bereavement; however, realistically five days were
offered for immediate family. Similarly another explained through interview that although
the policy offered unpaid leave for emergency care situations this was usually given as paid
leave in such circumstances. Within another questionnaire an organisation described their
policy around compassionate leave relating to carers of those at the end of life as unclear;
however, they explained that, as a new organisation, they were in the process of rewriting
and introducing new policies.
Some HR professionals discussed how ambiguity within their policies might cause confusion
for managers and employees, and acknowledged that sometimes they were contacted for
clarification. For example one mentioned how line managers dont always realise that the
policy was an up to amount and that they did not have to provide staff with the full quota
of seven days for bereavement. Managers providing staff with the full seven days when the
employees dont feel this time is necessary was arguably problematic in this organisation, as
paid time off for issues of this nature per annum was limited.
Also, consideration of policy documents indicated that time off following bereavement of
certain relatives (such as step parents) was not always clear or stated (see appendix 2).
Some HR professionals acknowledged how this could be problematic:
Difficulties: Managers not knowing how much bereavement leave they can grant
when not specifically detailed in the policy. (Questionnaire ID 39)
31
Some explained how there had been discussion around the inclusion of more specific
guidance for managers. However, it was felt that discretion and flexibility worked well here:
The way to make it absolutely clear is to spell out kind of every single relation and
how much that would entitle to. That would make it ultimately clear. But then
you need to be careful of that discretion element which I think is still important.
(HR 6)
The importance of flexibility and discretion
HR professionals described how flexibility was important in allowing policies to be adapted
to individuals situations, and that policies should not be too black and white, or
prescriptive:
Youve got to have [policies] to cover you. I know that for consistency, but its the
one area where sensitivity comes a bit ahead of the procedures doesnt it
[youve] got to treat every single thing on merit. (HR 7)
If theres an issue at home, or death in family then definitely theres a policy to
use, and the policy does advise you on the circumstances, but sometimes you do
have to think outside the box, and be more flexible as an organisation. (HR 4)
Some respondents discussed how discretion was essential in providing managers with the
facility to manage. Without discretion the process would be too rigid and managers would
feel as if they were reading a tick list:
People are people and circumstances are always going to be different. I think by
putting too much in a policy what you end up doing is restricting people Your
managers, instead of dealing with a situation how they think is best, almost look
at policies and think: its not written in the policy; what can I do? People tend to
get hung up on policies rather than just dealing with the situation. (HR 6)
Others discussed how policies without a discretionary element could lead to employees
taking advantage of generous leave entitlements, or expecting to receive the maximum
leave stated (even though they may not need the amount of time off). This risked leading to
feelings of unfair treatment by employees whose requests were justified. One HR
professional in particular had recently joined an organisation offering up to 12 weeks paid
leave for carers of a terminally ill relative. She felt that the current policy was very specific
and might lead to false expectations from employees that they were automatically entitled
to generous periods of paid leave. Instead she explained that a more discretionary
statement or emphasis on the discretionary element of this leave would be beneficial.
Some highlighted that a flexible approach was a particularly successful element of how they
managed compassionate leave. One HR professional expressed that a highly trusting
discretionary system was still subject to a minority taking advantage. However, the benefits
of a discretionary system should not be removed from those that use it appropriately:
32
Seniority of
employee
Length of
service of
employee
Previous
service
record
11
Length of Physical or
illness
mental
state of
employee
4
7
The Relationship
The relationship between the member of staff and the affected individual was most
frequently cited (in both questionnaires and interviews) as a factor that was considered
when granting time off. Relationships were considered when deciding how much time off
should be granted within organisations whose policies provided an up to scale and more
vague statements around who qualifies:
With bereavement it tends to be the relationship of the person, so, if its an
immediate relative, we would offer leave towards the higher end. If its perhaps
an uncle or an aunt...we would only offer one day to attend the funeral. (HR 1)
Within these organisations a number described how they would also consider the
perceived closeness of the employee to the affected individual, rather than basing
decisions solely on how the individual was related to the employee:
Depending on who it was, the relationship that they had with that person. You
know because some people are very close to Aunties, Uncles, whereas others are
not so close to Grandparents, so its around the impact on that individual really,
and appropriate support would be given. (HR 3)
Within other organisations policies clearly stated which relationships qualified for specific
leave provisions. Some respondents and interviewees explained that the closeness of the
relationship may again be considered if an employee required time off for someone not
included on a list, or requested more leave than the policy stipulated:
34
individuals in certain professions would not be denied, but it would just require more
comprehensive planning.
Application and monitoring
Some described how managers within their organisation were very supportive to the needs
of the individual, and had experience of handling different situations, and felt that a
consistency of approach was delivered. However, there was some acknowledgement that
the implementation of discretionary systems was hard to monitor, and that differences
between management styles and leniency within a large organisation was likely. Some felt
such differences were unavoidable, and not necessarily wrong, because of the multiplicity of
individual circumstances:
The problem that we have is consistency with different line managers as the up
to 5 days *policy+ can be a problem. Different line managers issue different days
for different things. (Questionnaire ID 30)
I think most (managers) are very supportive, but Im sure there will be some tales
that arent great of not receiving support that was needed. (HR 8)
HR professionals discussed the extent to which manager decision-making was monitored.
This seemed to vary across organisations. Some explained that authorisation (by HR or a
Director of Service) was required for all leave, or for extensions to policies, or provision of
long periods of paid leave. Others explained how they monitored requests under the policy
however discretionary decisions or more informal arrangements between managers and
staff were not necessarily monitored:
Its monitored by us and then obviously goes to payroll for pay purposes...at any
one time we would be able to run a report off that shows the number of staff
who have had authorised time off, and the reason why for every single member
of staff that takes time via the formal route. If arrangements are informal then
by nature we dont necessarily record it. (HR 2)
Some described challenges in monitoring, and there was some recognition that it was hard
to keep track across large organisations. One aimed to monitor refusals of leave but
explained these were unlikely to always be submitted. Others explained that, although HR
monitored decisions, this monitoring was undertaken in retrospect, so they could not
influence each decision. They could, however, intervene in a sector if unfair treatment was
a clear issue. Some explained how monitoring enabled consistency and prevention of
differences in application, as unfair treatment could be acted upon:
We dont want one department doing something very different and offering more
to others; we try to keep that consistency there. (HR 1)
However, two HR professionals felt that heavy monitoring might not always be appropriate
in terms of having a third party involved, and that the process worked well in the majority of
cases.
36
Equality issues
HR professionals were asked about equality issues with regards to compassionate leave. It
was generally felt that such issues were unlikely; none had ever been brought to HR, and, if
they were, they would be dealt with appropriately. A couple of HR professionals
acknowledged how equality issues could happen in a minority of cases. Some managers
attitudes might be old-fashioned, and they could, for instance, presume women should
take responsibility for caring or that women and men respond to grief differently. However,
none were aware of any particular cases.
4.2.5 Supporting Line Managers
Within their questionnaire responses organisations were asked to indicate whether line
managers received training around compassionate leave policies. The majority did not offer
training for managers (n=10), and two of those that did explained that this was on an
informal, as and when basis. Through interviews it transpired that most organisations
offered informal one to one support from HR if line managers had any concerns or questions
around policy entitlements, and the discretionary element or policies:
Line managers will check with us, it *the policy+ says discretion, what *time off+
do I need to offer? And we [HR] tell them what would usually be offered. (HR 5)
However, through interviews HR professionals indicated that it was not just decision making
that was at times challenging for managers, and that the sensitivity of the topic posed
difficulties as well:
We often find our managers arent particularly good at dealing with this. Theyre
engineers, theyre quantity surveyors; they like looking at spread sheets. If
theyre faced with a person with emotions its, like, Ahh! (HR 7)
Its hard for managers to have those conversations because some managers just
struggle with emotion in the workplace. (HR 8)
However, only one HR professional acknowledged that managers might need more support.
Most felt that managers were suitably equipped, and that these skills came with experience.
Others felt that formal training in this area was inappropriate. One HR professional
explained that hypothetical or generic training around the area would have little relevance
to individual situations, and it was best that this was provided on an as and when basis.
Some discussed the impracticalities or lack of resources available to offer training on every
topic:
As long as the policy is clear, worded correctly and its easy to follow, then they
wouldnt need anything specific. Common sense is the key thing in all of this.
(HR 4)
We dont offer formal training because we basically couldnt train managers on
every single policy, because thats all wed be doing - training around policy.
We have so many policies, being a large organisation. (HR 3)
37
Some organisations did, however, discuss other training and support that they had offered
that wasnt necessarily specific to compassionate leave, but was related to this area. A few
explained how new or updated policies were disseminated and were sometimes subject to
consultation with line managers. One organisation explained how HR held road shows for
managers around policies and other issues. A couple were in the process of trialling (or had
previously provided training) around having difficult conversations, which was likely to give
managers transferable skills:
Were currently running a trial on one of our training programmes for managers
around handling difficult situations...a member in staff is in tears because
someones died or what have you. Its how to deal with that. (HR 7)
4.2.6 Supporting employees
HR professionals often described how their organisation had a supportive culture. Through
questionnaires some described how support may not be stated in policies, but is provided
on an as and when basis, as suits the individual. Types of support offered are illustrated in
Table 4.
Table 4: Other support provided for carers or bereaved employees
Support for carers
Changes to working options
Advice and information about caring and work
Counselling services
Financial assistance
Access to telephone facilities (for personal calls)
Other
Occupational Health
Bereavement support
Facilitate attendance to funerals
Informing colleagues
Manage the return to work
Letters of condolence
Information on bereavement services
Guidelines for staff on how to support bereaved employees
Flexible working options
Counselling services
Other
Offered by (n)
14
5
12
3
7
2
Offered by (n)
11
11
10
7
5
1
12
12
6
Those that selected other bereavement support stated; assistance with accessing benefits
for next of kin, Occupational Health, Employee Assistance Programmes, and, if appropriate,
the company can send a representative to the funeral.
Support services
Other support services were frequently cited by HR professionals when asked what worked
well in their organisation. HR professionals described a range of support services including a
38
involved not pressuring staff to come back too soon, phased returns, temporary reductions
in hours, or asking the employee if they would like other immediate staff to be made aware
of their situation:
I dont think anyone would insist on someone coming back when theyre not
ready, it wouldnt serve a purpose, if you force someone back theyre just going
to go off sick. [Its] much better to work constructively, what they can manage,
perhaps part time temporarily for a month until they are able to cope again. It
may take longer. (HR 8)
4.2.7 Employees awareness and engagement around policies
Awareness of employees around policies
Within questionnaires some respondents acknowledged that awareness of staff was a
particular success. HR professionals mentioned that a range of methods of dissemination of
policies were used, and the use of web-based information was the most popular method of
doing so. Through interview and qualitative responses others described how new or
updated policies were discussed in newsletters, staff meetings, or summarised in short
resources for employees, or via manager dissemination. Alongside this a number of HR
professionals discussed how HR were always available to answer any queries from
employees.
Table 5: Methods used to inform employees about policies
Method used
Number
Staff learn about via induction
11
HR send updates
0
Mandatory training
2
Provision of documents
9
Use of web-based information
14
Other
3
Some HR professionals discussed issues around employee awareness. One described how
awareness had previously been a problem, as managers didnt necessarily know there was a
policy, and staff were not receiving appropriate time off. However, changes had been
made to dissemination methods and awareness had been much improved. Another
mentioned that although staff were aware of the existence of policies they were unsure
whether they fully understood them:
Do staff, because were all so busy, when they read things, do they understand?
When they sign something are they saying they understand it, or are they just
saying Ive read it, or I know where the policy is? (HR 9)
Engaging employees
Through questionnaires it was clear that HR engaged with employees in a number of ways
around compassionate leave policies. A couple involved employees in the development of
policies (for example specific HR activities or employee committees where staff were able to
40
provide their views on policies). One respondent stated that a Joint Negotiating Forum
made up of management and staff reviewed and ratified all policies. Another stated that
employee focus groups were set up that could discuss provisions and policies.
All HR departments involved employees around the evaluation of policies in some form.
The majority provided employees with the opportunity to ask any questions and provide
informal feedback on policies. A few HR professionals described comprehensive
involvement of staff around work-related issues. One explained how good communication
links with staff via an Improving Working Lives group enabled HR to find out what was
working and what wasnt. They also had a staff survey where staff could feed back on issues
like flexible working and managerial support. They felt that staff involvement around
policies and support was vital and should always be included and improved.
Another HR professional discussed a current piece of pilot research around employees
experience of stress and the support they had received from workplace. Although not
directly linked to bereavement and caring per se they discussed that these issues are likely
to be raised, as they are key causes of stress. It was hoped that this research would lead to
recommendations and changes to relevant policies if required:
There is possibly more we can do, hence the pilot. We never say we are there.
We always say: What else can we do? Thats with all our policies in HR. (HR 2)
4.3
Employee feedback
41
42
I dont really think we looked at the policies and worked it out it just seemed
right to have support when you needed it. There are enough pressures out there
without work making it worse. (F2)
However, there were also times where the process of taking, even small, periods away from
work was a difficult task: one employee noted that the process was often complicated by
the use of multiple form-filling, and that:
Compassion seems only to exist with the line manager who is in regular contact
with the employee. (M2)
He acknowledged that his line manager was supportive, to some extent, but that he (the
line manager) was constrained by the requirement for all forms to be completed prior to
leave being granted. This point links, too, to the use of policy documents, below.
4.3.3 Use of policy documents
Some line managers seemed to stick rigidly to their HR policy documents, whereas others
seemed not to be fully aware of the entitlements of their employees. Employees talked
about line managers checking their policy files at times such as bereavement, while other
people noted that their line manager took a more flexible route. One employee had called
up her line manager on the morning after a close relative had died suddenly. She stated:
I couldnt believe her saying that theyd have to check how many days away from
work that I could have. (F8)
Employees also noticed that there was variability in the number of days leave granted in
similar circumstance between employees. This brings attention to the potential issue of
what some participants colloquially call taking a lend. Some of the employees expressed
the view that employees did not always receive equity in similar circumstances, for example
where the death of a parent occurred. They felt that the situation was biased and that
employees did not appreciate being treated unfairly. In these circumstances, employees
talked about being aware of some people being able to access a greater number of days or
occasions away from paid work; time away from work when unpaid was not mentioned
during the interviews.
They also recognised that some people made use of policy guidance, but in ways
unintended within the guidance:
If you have a number of paid days then people just expect to have it they take
a lend and spoil it for people with genuine needs. (F4)
In this respect, employees acknowledged that some employees, indeed, might take
advantage of a situation where a specified number of days away from work was permitted
for all employees at times of bereavement, regardless of the impact on the employee
(relating to closeness to the person who had died and to the level of grief of the
employee).
43
Other employees understood that the demands of employers could not be ignored. This
issue was mentioned only by those employees working within a small private organisation,
and was linked to feelings of guilt. One employee talked about her need to be at work, so
that the employer did not have the added expense of temporarily employing additional
personnel to cover her absence from work. She said:
Working for a small company means that I cant get time off with pay, and I cant
afford to have unpaid leave. (F6)
This raises the issue of a financial impact, mentioned below. This employee would not have
been paid if her absence from work had been for more than just a few days. Her home
circumstances meant, however, that she would not have been able to support her family
had this occurred. Therefore, she had to attend work, despite her obvious low mood and
on-going grief.
However, there were also instances where employees recognised that they were part of a
supportive organisation. This was always discussed in organisations that were in the public
sector. Generally, employees recognised the value of supporting employees at times of
stress:
Some managers see that if they give a little, then they get a lot back (F4)
This was usually described in terms of maintaining a loyalty to the company or in ensuring
that they worked to the best of their abilities once returning from compassionate leave. In
such circumstances, employees talked about a more compassionate approach to the needs
of employees and that recognition of demands outside of the working environment by line
managers and employees usually resulted in the perception of a more supportive culture.
This relates, too, to flexibility at work, which further explores the theme.
4.3.4 Communication at work
There were some positive comments from employees. Notably, these employees felt that
support came from a personal touch, usually by the line manager or colleagues who worked
together within a small team, rather than one explicitly based within the organisation itself.
Typically, employees stated:
Its about the people in the organisation - they were supportive. (M1)
It needs good people managers they make the difference. (F3)
However, other employees talked about a lack of support within the working environment,
or of initial support that quickly disappeared. Employees seemed to think that their
colleagues believed that they should have moved on and begun to re-invest their energies
into their work commitments. Employees stated:
I was listened to at work, but not heard there was a lack of empathy. (F1)
44
When I came back to work, no-one checked on meI wasnt concentrating and
was making mistakes, but no-one asked how I was managing. (F8)
Managers seem too busy with their own demands and agendas to be more
understanding and accepting of the compassionate needs of their employees.
(M2)
These employees recognised the demands of the organisation, but still felt that individual
support should persist, too.
4.3.5 Understanding of grief process
Linked to the importance of the communication process, is that of understanding grief, and
its fluctuating effects on the person affected. Employees suffering distress and struggling to
cope during times of bereavement and loss recognised that they experienced a raft of
emotions. However, many talked about a lack of awareness of the potential impact of loss
on employees by line managers and employers. All of these comments came from
employees of large organisations. One employee stated simply:
There has to be more sensitivity and understanding. (F1)
Another employee acknowledged that she was increasingly unable to accomplish all of the
demands made upon her:
I was desperately trying to fulfil work demands and home needs it was just too
much. (F5)
This employee described herself as just going round in circles in trying to accommodate the
demands of both her stressful role and of her grieving family network, who, she felt, were in
no state to provide better support to her at her time of need.
Others, too, recognised that attendance at work has benefits:
Work was a welcome distraction. If Id have been at home, I would have had to
think about it all of the time. (F4)
I went straight back to work I just needed a sense of normality. (F6)
This raises the important issue of the working environment providing a respite from the
stresses that exist within the family network at home, possibly also struggling with their own
demands for emotional and practical support. Some employees, indeed, talked about being
able to get away from the pain of witnessing loss in (other) loved ones.
The time frame of the bereavement process was also highlighted:
When I felt low later even months afterwards hed *his boss+ just tell me to
go home and come back when I was ready to. (M1)
45
This employee appears to have had experience of a particularly supportive line manager,
whose support continued for some months after his initial return to work following the
death of his father. However, for some employees, the requirements of work by the line
manager or employer gained emphasis (by this person) over the potential of grief, often
within days, or even just hours, of the employee returning to work.
4.3.6 Flexibility at work
Flexibility was normally introduced to the discussion by employees of large public sector
organisations. Often, this was when they were commenting on their own overall experience
and the learning that taken place within their practice as a result. For two employees, the
working environment had adjusted in recent months to offer a more supportive
environment, and in one of these cases, the adjustments had been as a result of rising
sickness levels. The employee suggested:
We try to be more flexible, by altering shifts and swapping duties, so that people
can attend things at short notice. (F4)
This employee was also a line manager herself, and she talked about the need to get away
from a system that did not appear to care about the urgency of providing a supportive
environment for staff who might be affected by additional caring responsibilities at home.
For her own small team of staff, she suggested:
In trying to reduce sickness, its made us try to help staff to meet their
responsibilities at work, but also for them to be able to do things away from
work, such as when relatives are poorly. (F4)
Care of relatives was a substantial element in many lives of the people interviewed.
Typically, this comment is indicative of the words expressed:
Work has been supportive since he died, but they werent interested in my
problems when he was ill and I had to be at home to care for him. (F7)
Indeed, the rhetoric of providing a more supportive and flexible working environment did
not appear strongly in practice for many of the employees, with many getting permission
only close to the death of a loved one, rather than for more longer term caring
responsibilities.
4.3.7 Financial impact
Employees often talked about the difficulties in not being paid when away from work. None
of the employees gave examples of being away from work on an unpaid basis. Usually paid
leave was limited to just a few days, typically between 2 and 5 days leave. As a result,
employees took their potential lack of income into account when deciding whether to
attend work or not:
46
Sometimes youre just so tired and stressed but you cant afford not to be at
work. (F2)
However, employees also noted that some of the colleagues had made use of paid leave to
get additional time away from work, which returns to the theme of colleagues being
perceived as taking a lend, and some of the employees provided specific examples of
colleagues who had, indeed, taken time away from work as paid leave, but were not
perceived to be really needing this time for caring or bereavement issues. One employee
stated:
Work has a policy that allows paid compassionate leave and carers leave, but
some people just expect to have it as their right that makes it hard for the
others, who are genuine in their needs. (F4)
Some of the people interviewed expressed financial worries, not just as a result of being
away from work, but also on a personal basis, too. One employee had recently lost her
husband following a short illness, and had two young children at home. She worked for only
a few days each week and brought in quite a low pay from her job in retail. She said:
I have to go sick to get paid now that Ive had my paid compassionate leave, but
I worry about whether Ill have enough to manage if I just get Statutory Sick Pay
because all of his money is tied up in probate. We never thought about a Will.
(F7)
In this instance, the ability to have discussed financial issues with her husband (as she
suggested that he always dealt with the finances) might have better prepared the
employee for dealing with financial decisions and in paying bills. Further, she had no idea of
the family debt in terms of loans or mortgage commitments, nor or their savings. For
example, because there was no will, the employee was also initially unable to access simple
details from her husbands bank or building society.
She also talked about not being able to approach the topic as her husbands condition
deteriorated, as she did not want to further burden him during his painful and distressing
illness. This strongly supports some of the data already gleaned from work already
undertaken as a part of the Teesside University Compassionate Community project, not
least in that people need to be able to discuss death and plan for their future as part of this
discussion.
47
Discussion
5.1
All organisations had some form of written policy which documented entitlements around
bereavement leave. At times these policies provided time off for individuals beyond those
qualifying as a dependent under the Employee Relations Act (1999). As an example, some
organisations provided time off following the death of siblings or grandparents. All provided
some paid leave, with the majority providing 3-5 days and some providing up to 2 weeks
paid leave.
The majority of organisations consulted with trades unions and professional organisations
around policy development, and policies were regularly reviewed. Some also consulted
with employees and managers around policy development and evaluation. This can be seen
as an area of good practice, and ensures that all parties are able to explore the development
of appropriate HR policies for specific workplaces, and to review them as required.
Policy documents were clear and easy to access generally; however ambiguity was apparent
in some. Where organisations had clear policies in place it was usually felt by trade unions
and HR personnel that these enabled employees to be aware of their rights, and assisted
managers with decision-making. As an additional note for NHS organisations, it seems that
their HR policies have some consistency due to Agenda for Change which acts as an
enabling agreement (however this doesnt apply to all). However, evidence of a written
policy documenting leave entitlements is perhaps just one part of the process; it is
important that organisational policies also give consideration to other issues, including
return to work options, available support services, and cultural diversity as McGuiness
(2009, 2) extols.
Organisations that provide clarity and transparency around workers rights via policies are
deemed to enable fair treatment amongst employees, and also provide managers with
guidance. However, policies that group bereavement with other emergencies, and limit
pay, can be problematic. Firstly due to a lack of recognition of the sensitivity and support
needs around bereavement, and secondly because employees may receive less paid support
than they perhaps require if they have used paid entitlements elsewhere.
Ambiguous or unclear policies can cause interpretation issues for employees and managers.
Similarly, bureaucracy was thought to be a negative means of dealing with employees at
times of distress.
It seems, too, that a lack of legal minimums can lead to variation in support provided, with
trade unions reporting how some organisations provide no written details of entitlements.
5.2
Organisational factors
Although it was not possible to make clear distinctions between different types of
organisations it became apparent through interview that there is no one size fits all policy.
48
Instead the organisational culture, size, and character of the workforce (i.e. professional
versus non-professional workforce) tended to determine formal and informal policies within
different organisations.
5.3
It appears that the line managers role is pivotal for the experience of the employee, and
employees acknowledged that support was dependent upon the line manager. However,
manager discretion is not without problems and can lead to differences in application of
policies within large organisations. This concurs with previous research conducted in
Scotland (Bond and Wise, 2003) which found that line managers were often key in granting
family leave (including compassionate leave); however differing knowledge of policies
resulted in inconsistencies in application. Further support for such findings comes from
research in Northern England (Arksey, 2002) which demonstrated how line managers
understanding and promotion of family-friendly/carers policies, and support provided for
employees varied.
Trade unions suggest that purely discretionary models are problematic, providing
individuals with no guarantee around time off. Further, poorly managed discretion can
lead to inconsistencies in treatment and ultimately resentment between staff within the
same organisation. However, a complete lack of flexibility and recognition of individuals
needs can be restrictive.
Flexibility in approach was evident within all of the organisations and employees often
expressed the view that the use of ad hoc supplementary leave was a positive factor.
5.4
Evidence of formal training of line managers was limited; however all provided some form
of ad hoc support to managers. There were also some instances where participants
acknowledged that training was limited predominantly because of time, staffing and
monetary resource restrictions. However, it also seems that training might be better aimed
at providing more broad training and support to line managers, for example in terms of
counselling and in dealing with difficult situations. A minority acknowledged the difficulties
of having these types of conversations and supported managers accordingly via training.
These findings indicate that managers may need more support around end of life issues, not
just in terms of formal policies, but focusing on the sensitivity of the topic also. Previous
research (Bond and Wise, 2003) advocates the importance of regular training and support
for line managers around family-leave policies.
Within organisations the level of monitoring of line managers decisions varied, with some
monitoring all leave and others choosing to only monitor certain decisions (such as leave
granted under the policy, long periods of leave, or extensions to the policy). A number
expressed how monitoring was challenging, not always feasible, and done in retrospect so
individual decisions could not be challenged. Opinion on the importance of monitoring was
divided, with some describing how strict monitoring and third party involvement was not
49
always appropriate, and others expressing the view that monitoring allowed consistency
and intervention if need be.
5.5
The working environment
There were a number of employees who discussed the lack of fairness in access to leave,
most notably focused on those people seen to take a lend. In such instances, employees
were keen that there might be a solution to this situation, so that other (more honest)
employees might not be disadvantaged by the impact of other colleagues who seem to be
abusing the system. Similarly, some HR staff recognised that employees could take
advantage of supportive systems, which could have an impact on other staff.
However, employees were also realistic generally, and accepted that it was not possible for
organisations to permit the taking of paid leave wherever requested by employees (even in
genuine circumstances). More realistically, employees talked more about the advantages of
improvements due to flexible working patterns and in the resulting more compassionate
environment. They acknowledged, too, that there needs to be a paradigm shift, from a
possibly low trusting workplace, to one that is more supportive and demonstrates a
professional trust in employees.
Other supportive options (i.e. changes to working hours) are not always available to all,
especially for those people working in small organisations or within certain job roles.
Flexibility that exists beyond formal policies around end of life, however, enables
recognition of individuals needs. This though needs to be well managed and used as a
supplement to a clear policy.
Organisations offered a range of other supportive work options that can assist employees in
these difficult times such as flexible working (temporary or permanent), working from
home, phased returns. However, these were not always appropriate for all staff, especially
those people working in small organisations or within certain job roles. This concurs with
other research which highlights the difficulties of flexible working options for certain job
roles (Arksey, 2002). Well managed flexibility can enable organisations to meet individuals
needs whilst considering the needs of the organisation, and providing managers with the
ability to manage.
There was also evidence of support for end of life issues via other services such as
counselling and occupational health. Large organisations, particularly, often provide
support services, such as counselling. Support to external sources, referred via the
employer, was valued.
5.6
There was evidence of several really supportive working environments within this small
study.
Some organisations encouraged and supported open dialogue between the employee and
line manager, and some of the employees had experience of good communication within
the organisation.
50
Knowledge of the grieving process within organisations had resulted in better outcomes for
some employees. A lack of recognition of support for employees at this time can lead to
absence via other means, such as sickness, or annual leave. Plans to support flexibility for
employees had resulted in lower levels of sickness and in (the perception of) the creation of
more supportive environments.
Some organisations appeared to understand that there were obvious benefits to providing
appropriate support to employees, and some acknowledged the difficulties of caring for
someone at the final stages of life and provided comprehensive time off here (up to 13
weeks).
However, some organisations appeared not to understand that there were obvious benefits
to providing appropriate support to employees, and that there were negative consequences
for the organisation of not doing so.
5.7
This was a small pilot study to scope the current practice and experiences of organisations
and employees within the North East; the results are therefore not necessarily
representative of the UK more generally. Further, all respondents opted into the study, so
were volunteers and, as such, cannot be considered as a representative sample. For
example HR departments that chose to engage were often those that had good policies and
other support systems in place that they were keen to share. Additionally organisations
that were approached within this study were large organisations in the region. Had we
incorporated smaller organisations the study would have been likely to yield different
results, as formal policies and extensive support systems are perhaps less likely in such
circumstances.
Differences in the responses between employees and HR leads from the public and private
sectors did not come from the findings for all aspects of the research. However, where it
did become evident, these findings were, indeed, highlighted.
5.8
Other findings
Many of the people we talked with were carers too, and this usually related to the care of a
person other than the person that had died. Few carers recognised their informal caregiving
role, and therefore had not accessed support in sustaining this function.
Some of the organisations we talked with asked if there was something they could sign up
to to be part of the Charter establishment and this may an area for future consideration.
51
Recommendations:
At a national level:
There may be a case for the UK developing statutory minimum levels of paid leave to
enable staff to deal with end of life issues, as exhibited in other countries, such as
Australia. Such a shift in policy may be increasingly necessary, given the anticipated
demographic changes associated with an ageing population as well as the
withdrawal of state subsidy of many service functions. It is unclear who will service
the Big Society at the same time as we are all being exhorted to maintain our role in
the workforce. Changing pension arrangements make it less rather than more likely
that carers will be able to take gaps in their careers or afford to downsize their work
commitments.
A shift in the debate is needed, with organisations recognising the ethical as well as
the economic value in providing a more compassionate, humane approach when
dealing with workers addressing end of life issues. Within this debate, the overall
benefits of more compassionate policies within the workplace (in terms of improved
morale, lower sickness rates, improved productivity etc) should be further explored
and evidenced.
Given the likely need for more extensive use of flexibility in working conditions to
cope with the increased number of carers, it may thus be more appropriate for
compassionate leave policies to be modelled on those relating to maternity leave
than for them to be grouped, as they often are, with leave related to dealing with
unforeseen calamities such as a flooded house.
Schemes that reward and acknowledge workplaces that offer excellence (e.g.
Investors in People) need to take on board this aspect of workers welfare.
The evidence from this report indicates the importance of a commitment from HR
Departments to produce appropriate policies and guidance, and to back this up with
clarity for line managers and employees in using it.
52
Training and awareness for line managers needs to be broad based and generic, i.e.
dealing with difficult situations and understanding and supporting the process of
grief.
Firms and organisations need to look at the range of flexibilities and work culture
practices that can ease matters at time of leave and on return to work for the carers
of people at end of life or the bereaved.
This study was small in scope and looked principally at larger employers, many of them in
the public sector and employing professional staff. The very different circumstances of
small scale enterprises, private companies and those employing non-professional staff
deserve further study in respect of this issue.
53
54
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adults. http://www.carers.org/news/new-right-to-request-flexible-working-for-carers-ofadults,1570,NW.html Last accessed 110910
Yeandle S, Crompton R, Wigfield A and Dennett J (2002) Employers, communities and familyfriendly employment policies. Summary. Joseph Rowntree Foundation
http://www.jrf.org.uk/sites/files/jrf/972.pdf Last accessed 230211
57
58
Appendices
Appendix 1: A copy of the questionnaire sent to HR departments
Appendix 2: Tables 1 and 2 documenting bereavement leave provisions in responding
organisations (Table 1 taken from policies and Table 2 taken from questionnaire responses)
Appendix 3: A sample bereavement policy for employers. Taken from McGuinness (2009, 67)
Appendix 4: Case study examples of good practice evidenced in this research
59
60
Name of Organisation:
61
ID number
(office use only)
62
Clear
Somewhat
Unclear
Very unclear
clear
2.
Please name the relevant HR policies in your firm/company/organisation
which apply to this area.
(If you are able to let us see these, please enclose copies with your completed
questionnaire)
3.
Are you guided by any other policies which might affect the wellbeing of staff
caring for people at end of life?
Yes
4.
No
(If you are able to let us see these, please enclose copies with your completed
questionnaire)
63
5.
We are interested in any other support your firm/company/organisation
provides for employees who have caring responsibilities for a loved one who is
nearing the end of life (beyond allowing paid/unpaid leave).
Please tick all that apply, and provide details where possible
Support provided
Please
tick
Comments
Counselling services
Financial assistance
Access to telephone
facilities
64
Clear
Somewhat
Unclear
Very unclear
clear
7.
Please name the relevant HR policies in your firm/company/organisation
which apply to this area
(If you are able to let us see these, please enclose copies with your completed
questionnaire)
8.
Are you guided by any other policies which might affect the wellbeing of staff
experiencing bereavement?
Yes
9.
No
(If you are able to let us see these, please enclose copies with your completed
questionnaire)
65
10.
We are interested in any short term support (immediately following a death)
that may be in place within your organisation for bereaved employees beyond time
off. Please complete the following table ticking all that apply, and providing details
where possible
Short term support
Please
tick
Comments
11.
Please tell us about any long term support for bereaved employees provided
by your organisation. Please tick all that apply, and provide details where possible.
Long term support
We do not provide any long
term support for employees
Information on bereavement
support services
Guidelines for staff on how to
support bereaved employees
Flexible working options
(i.e. reduced hours, flexitime,
working at home, job share,
compressed working week)
Please Comments
tick
Counselling services
Other (please state)
66
12.
We are interested in how many days of leave are granted to staff who have
recently experienced a bereavement. Please state how many days leave your
organisation would grant for a member of staff following the bereavement of the
following:
Relationship Number Number of Comments
to employee of days days
unpaid
paid
Spouse
Civil partner
Partner
(unmarried)
Parent
Step parent
Child
Step child
Grandchild
Grandparent
Sibling
Parent in law
Brother/sister
in law
Son/daughter
in law
Other family
members
Close friend
Colleague
67
No
14.
We are interested in exploring where there are difficulties interpreting
compassionate leave policies for employees who are caring for loved ones nearing
the end of life, or employees who have recently experienced bereavement. Please
tell us whether you have experience of the following issues where a manager may
have to exercise discretion, and where possible please give an example.
Please Example
tick
Nature of the
relationship of your
employee to the affected
individual
Seniority of employee
Length of service of
employee
Length of illness of
affected individual
68
15.
We are interested in who is involved in the decision making around
employees wishing to take time off for compassionate reasons (either when
bereaved or to care for a loved one nearing the end of life). Please provide details of
the involvement of different staff within your organisation in the table below.
What is their involvement
Line managers
HR staff
Employee
representatives
Other
69
Please
tick
17.
How do you involve employees with the continuing evaluation of your HR
policies? (Please tick all that apply to your workplace)
Ways of involving employees
Please
tick
70
18.
Through which of the following means would staff in your workplace have an
opportunity to learn about HR policies related to compassionate leave? (Please tick
all that apply)
Please
tick
Staff induction
Annual HR updates
Mandatory training
Provision of appropriate HR policy documentation
Use of web based information
Other (please state)
71
No
20.
Does your organisation offer training for HR staff relating to compassionate
leave policies?
Yes
No
21.
What percentage of the line managers and HR staff currently in your
workplace have undertaken training that relates to compassionate leave policies to
date?
Dont know
Percentage
We dont offer
any training
Line managers
HR staff
22.
How often does training for line managers and HR staff in your workplace take
place? (Please tick)
Line Managers
HR staff
Monthly
Quarterly
Bi-annually
Annually
Every two years
Other (please
state)
72
We dont offer
any training
23.
Are there any other people (non-line managers) regularly involved in
supporting employees with regard to time away from the workplace for
compassionate reasons?
Yes
No
24.
In the past year have any issues been raised about HR policies related to
compassionate leave by any of the following: (please tick one box per row)
Yes
a)
Employees?
b)
Line managers?
c)
HR leads?
d)
Other?
73
No
And finally...
25.
We would like to hear your general views about your workplaces HR policies
that relate to compassionate leave. Please complete the following table.
a)
Particular successes of current HR policies on compassionate leave in your
firm/company/organisation:
b)
Particular difficulties or constraints encountered with current HR policies on
compassionate leave in your firm/company/organisation:
c)
Any topics you feel are important but not included at present:
d)
74
If you are willing for us to contact you please complete the following
details.
Name:.............................................................................................................................
Role:...............................................................................................................................
Organisation...................................................................................................................
Email:.............................................................................................................................
Phone Number:.............................................................................................................
If you are willing to help us further an interviewer will contact you via
telephone or email within the next week
75
76
Close Friend
Other family
members
Grandchild
Grandparent
Step Parent
Spouse/ Civil
Partner /
Unmarried
Partner
1 day
(paid)
1 day
(paid)
1 day
(paid)
1 day
(paid)
1 day
(paid)
1 day
(unpaid)
39
Private
Max 10
Max 10
Max10
Max 3
Max 3
Max 3
Private
1
Public
Max 5
Max 3
Max 5
Max 3
Max 3
Max 5
Max 3
Max 5
Max 3
Max 5
Max 3
Max 5
Max 3
*Time off
- funeral
Max 5
Max 3
30
01
15
Public
17
Public
Max 5 per
year
Max 3
Max 5 per
year
Max 3
Max 3
Max 5 per
year
Max 3
Max 3
Max 3
Max 5
Max 5
Max 5
Max 5
Max 5
1 day*
Max 1
week per
year
Max 5
Max 7 per
year
Max 1
week per
year
1
1
12
49
Public
Public
20
Public
Max 1 week
per year
13
22
Public
1
Public
Max 5
Max 7 per
year
Max 7 per
year
Max 3
Child
Colleague
In laws
(parents
siblings,
children)
Private
Sibling
43
Step Child
Sector
Parent
ID
Max 3
Max 3
Max 3
Max 5 per
year
Max 3
Max 5
Max 5
Max 5
Max 5
1 day*
Max 5
1 day *
Max 5
Max 5
Max 5
1 day*
Max 5
1 day*
Max 5
1 day*
Max 1
week per
year
Max 5
Max 7 per
year
Max 1
week per
year
Max 1
week per
year
*1 day
Max 7 per
year
Max 1
week per
year
*1 day
Max 7
per year
Max 1
week per
year
Max 5
Max 7 per
year
Max 1 week
per year
Max 1
week per
year
*1 day
Max 7
per year
Max 1
week per
year
Max 7 per
year
*1 day
Max 7 per
year
Max 7 per
year
77
Table 2:
6
3-5
1 week
6
3-5
*
6
*
*
6
*
*
3
3-5
3-5
*
3-5
*
3-5
*
3-5
5
5
5
3-5
3
5
3-5
5
3-5
3
5
5
5
3-5
3
5
5
5
3-5
3
5
1-3
5
1-3
5
1
5
1
5
0
5
1
1
3
1
3
5
1-3
5
3-5
3
1
3
*
1
*
1
*
1
5
1
week
5
5
1
week
5
5
1
week
5
5
1
week
5
5
1
week
5
5
1
week
5
5
1 week
5
1 week
5
1 week
5
1 week
5
1 week
Time for
funeral
Time for
funeral
Time for
funeral
10
3-5
Private
Public
Public
Public
Public
5
5
5
3-5
3
121
201
Public
Public
5
1 week
131
Public
*Some indicated that time off for certain relatives was completely at managers discretion
Some commented that leave was provided on an up to scale and stipulated figures reflected the maximum available.
78
Colleague
1
5
1
week
3
3-5
Through free text boxes respondents often commented that discretion would be used to consider individual circumstances.
1
Close Friend
Other family
members
1
5
1
week
3
3-5
6
5
1
week
In laws
(parents
siblings,
children)
301
01
15
26
17
6
5
1
week
10
3-5
6
5
2 weeks
3-5
6
5
2
weeks
10
3-5
6
5
2
weeks
10
3-5
Sibling
Private
Private
Grandchild
39
70
Grandparent
6
5
2 weeks
Step Child
Private
Private
Private
Child
43
21
40
Step Parent
Sector
Parent
ID
Spouse/ Civil
Partner /
Unmarried
Partner
Leave Entitlements
Paid Leave
o
Bereavement leave is paid leave that allows an employee time off to deal with
their personal distress, primarily when a member of their family dies.
In the event of the death of an immediate relative, five working days paid leave
will be granted. An immediate relative includes a spouse*, child**, parent,
sister, brother or a person with whom the employee is in a relationship of
domestic dependency***.
*Spouse also includes a partner with whom the employee is co-habiting, but is
not the employees legal spouse
**Child covers children in respect of whom the employee is the adoptive parent
or is in loco parentis
***As per the Parental Leave amendment Act 2006: A person who resides with
an employee is taken to be in a relationship of domestic dependency with the
employee if in the event of injury or illness, one reasonably relies on the other to
make arrangements for the provision of care. Note: the sexual orientation of the
persons concerned is immaterial
Three days leave will be granted following the death of a mother/father in law,
grandparents, grandchildren, son/daughter in law.
An employee should notify their line manager of their intention to take leave
under the policy as soon as possible or at the latest, on the first day of absence.
Line managers have the right to exercise discretion in exceptional circumstances
outlined above. Leave must be taken consecutively.
Annual Leave
o
An employee who suffers a family bereavement whilst on annual leave and has
to disrupt or cancel leave plans, can avail of bereavement leave and take their
displaced annual leave at a later date.
Unpaid leave
o
2.
3.
Return to work
o
Employee Support
o
An employee with any concerns about the grieving process impacting on their
work performance should discuss this in confidence with either their line
manager or the Human Resources Department to ensure necessary support is in
place.
80
4.
5.
Concluding remarks
o
81
82
10 days leave for immediate family (i.e. Mother, Father, Wife, Husband, Child and
Partner).
3 days for other blood relations (i.e. Brother, Sister).
The need for bereavement leave will always depend upon personal circumstances and
be at the discretion of the manager.
Colleagues should discuss their particular circumstances with their line manager, when
seeking authorisation for bereavement leave.
In extenuating circumstances, Line Managers can exercise their discretion as to
whether bereavement leave may be given, either with or without pay, in
circumstances other than the above e.g. to attend the funeral of a close friend or
other family member.
Line managers must note that sickness must not be claimed in such circumstances.
Colleague support
Colleagues are also reminded that in times of bereavement the Employee Assistance
Programme provided by AXA may be a valuable source of support. AXA offer 24
hour personal support and can be contacted on...
83
84
CASE STUDY FOUR: A supportive policy for carers of someone at the end of
life.
A number of organisations had supportive policies in place for those with caring
responsibilities for dependents who were terminally ill. The small extract below is
from one very extensive policy adopted in a public sector organisation. The policy
demonstrated consideration of the needs and preference of individual carers at this
difficult time. This policy also provided a comprehensive list of other support
available for carers within the organisation (a 24 hour Employee Assistance
Programme, counselling or occupational health), as well as contact details for the
local carers centre.
85
An Improving Working Lives (IWL) Group which seeks out areas of good practice
and makes recommendations on issues affecting IWL. This may include
suggestions on improvements to working patterns and different ways of working
An annual staff survey providing employees with the opportunity to highlight areas
of excellence or concern. A random selection of staff are asked to participate in
the survey, which is conducted by an external organisation, thus ensuring
anonymity. Where problems are identified the (organisations) IWL Group will seek
to obtain an Action Plan to address the issues.
References
GMB Union (2011) Negotiators Guide: BEREAVEMENTLEAVE:
http://www.norwichgmb.com/images/Bereavement%20Leave%20Negotiators%20Gu
ide.pdf Last accessed 211111
McGuinness B (2009) Grief in the workplace: developing a bereavement policy.
Bereavement Care 28, 1: 2-8
86