Responsibilities & Role of HR have when an employee is getting divorced?

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Stuart Gentle Publisher at Onrec

Responsibilities & Role of HR have when an employee is getting divorced?

  • 16 Aug 2022
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    Chances are, if you are in business, you will have experienced employees who are going through or have been through a divorce.

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  •  It’s therefore useful to know what the protocol should be in these situations for HR professionals. Work is a big part of all our lives so employees’ performance can easily be affected when they are going through any kind of emotional challenge. We guide you through the basics of what your role and responsibilities should be to help you navigate things. 

    What you can expect

    If an employee is in the early stages of a divorce, they may not have found their legal representation yet. According to Wise Law, most people search for a solicitor online but this can take time to filter through results. Be mindful, that as well as work, people going through a divorce will also be dealing with practical issues too.

    Employees react differently during a divorce. Some are angry, upset, or they may become withdrawn – they may have a period of poor performance too or be absent more frequently.  Others at work may also get involved, offering advice, gossiping behind someone’s back and placing blame on the divorcing person for not pulling their weight. These things can affect the overall profit of a business, so it will need addressing. 

    What to remember about someone going through a divorce 

    Although your aim is to protect the business and make sure it is performing well, we are all still human, so it’s important to maintain a level of compassion. A divorce means that your situation is changing for good and a person’s sense of security is shaken when this goes.  

    Legally, a divorcing person will have a lot going on too. They could be trying to make arrangements for child custody, splitting financial assets or selling property. Depending on the specific circumstances, this can be a complicated and stressful situation if they have properties in various countries, for example. If children are involved, they could be experiencing emotional pain from the idea of not seeing them as much as they are used to. 

    What you can do 

    • Listen. One of the best things you can do is offer your ears. Often people just need and want to be heard. As a HR professional, offering this makes people feel understand and even appreciated by an organisation. 
    • Don’t give too much advice. Although it may feel instinctive to make someone feel better, it isn’t your job to become a personal support to an employee and your input may not be welcomed.  
    • Don’t make light of the situation or try to make fun. Although your intentions may be good, it can make someone feel worse. 

    Don’t forget your business objectives: 

    Although the aforementioned points are important, remember that your role is to ensure you have the best interests of the business. You should: 

    • Control gossip as much as you can with written warnings if needs be. This helps to stamp things out from the start. 
    • Provide gentle reminders to the employee if their performance is being affected. 
    • If poor performance continues, you will need to bring in more firmer measures and explain that you need them to increase their performance levels, you don’t expect things to be perfect consider what they are going through but you do need some improved results. Written warning if needed. 
    • Ask them if they need counselling support if you have access to those programs at your organisation. 

    A final point… 

    Remember that divorce is not the same for every employee. There could be multiple elements involved for some, while for others it can be clear cut. You should always consider each situation on an individual basis.