Managing a
Charity’s Reputational Risk: Employment Considerations
A charity’s reputation is highly
valuable. Charities are held to a higher standard and therefore face greater
public scrutiny than commercial organisations of what is and what is not
acceptable. Negative publicity can not only mean bad press but it can have a
devastating impact on public confidence affecting crowdfunding, fundraising
opportunities and relationships with key stakeholders. With so much potentially
at stake, it is important for charities to manage its reputational risk. Here,
we set out three key considerations to help charities avoid and minimise reputational
damage in an employment context.
1. Implement
a social media policy which sets out the charities expectations around use of social
media
Social media can be a great tool
for charities in driving audience engagement and increasing public awareness;
however it is also a way for people to complain or make controversial or
derogatory comments in a public domain. Charities need to be aware that an
employee’s activity (including comments or reposting) on social media can easily
be shared and linked back to their organisation, regardless of whether these
comments have been made in a personal or professional capacity. This is
particularly the case for senior employees who may be well known within the
community or in the wider charity sector as they will be more strongly
associated with their employer.
So, what can charities do to
minimise the risk of this happening with their employees? As an employer,
charities should implement a social media policy which contains clear
guidelines of responsible social media use and set out the consequences of
breaching these guidelines may lead to disciplinary action including dismissal.
Employees should be aware of what social media they can and cannot use during
working hours and the kind of comments which would have a detrimental impact on
the organisation. Where appropriate, training on social media use should be
given for employees to bolster their understanding and act as a reminder. Some
employers implement an ‘amnesty period’ where they ask employees and new
starters to go through their old posts on social media sites and remove
anything which is not appropriate in case these get picked up later. Together,
these measures encourage individuals to be conscientious when posting on their
social platforms.
If it comes to your attention
that an employee has posted an offensive or derogatory comment on social media,
then it is important to address this issue and follow the correct disciplinary
procedure. Even if it seems obvious that the employee has written this comment,
it is essential that you still conduct a fair and proper investigation and
allow the employee to put forward their version of events as this will affect
the fairness of any decision made.
Dismissal should not be the
standard response or done in haste. For
a dismissal to be fair it must be (1) for a fair reason which in this case
would likely be misconduct; and (2) that the decision was fair in all
circumstances. Whether or not a dismissal is fair will ultimately depend on whether
it was reasonable and proportionate to do so based on the specific facts. Factors
which would lean more towards a dismissal scenario would be the nature of the
comment made, the seniority of the employee, how many people saw the comment
and the impact or future impact this comment is likely to have on the charity’s
reputation.
2. Have
the correct recruitment, safeguarding and monitoring procedures in place
The actions of employees, as well
as other staff involved, has an impact on a charity’s reputation so it is
important that each employee undergoes the correct background checks at the
recruitment stage to ensure they are qualified for the position.
In addition to the usual
obligations that all employers need to follow in terms of recruitment and
safeguarding, there are additional issues which charities, particularly in the
care sector, should pay closer attention to. It is recommended for charities to
not only carry out the appropriate background checks but undertake their own
due diligence by requesting copies of relevant qualification certificates, follow
up on each reference and query gaps in employment to ensure the candidate is
suitable. This is imperative if the position involves working with or around
vulnerable individuals such as children, the elderly, those with a disability,
medical or special needs.
Health checks may also be
appropriate to undertake in certain circumstances. All Care Quality Commission
(CQC) regulated service providers who provide accommodation and personal care
will need to ensure that staff have received two doses of the COVID vaccine as
a mandatory requirement to employment. CQC providers would therefore need to
request formal copies of the NHS COVID pass and keep a record of this to
demonstrate compliance (with consideration given to data protection
obligations).
3. Have
a whistleblowing policy in place that can be followed by concerned employees to
encourage employees reporting these incidents internally in the first instance
to avoid unnecessary disclosures to third parties
A whistleblowing policy and
procedure encourages a culture where concerns are reported internally so
management can address these concerns to avoid more serious breaches or
reputational damage. An effective whistleblowing policy and procedure should:
·
Stress the seriousness and importance that the
charity attaches to identifying and remedying wrongdoing;
·
Encourage employees to raise concerns internally
as soon as possible and give them the confidence to do so;
·
Set out the expected standards of behaviour;
·
State who an individual should contact and
enable them to bypass a person, level or management within the organisations of
which the concern relates;
·
Outline the procedure for investigation disclosure
and what steps might be taken if wrongdoing is discovered;
·
Make it clear that genuine whistleblowers will
not be subject to any detriment; and
·
Provide access to further sources of advice and
guidance on whistleblowing including reporting to the Charity Commission.
For further information in
relation to employment issues relating to the charity sector, or for assistance
with updating policies and procedures, please contact Debbie Coyne.
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