What Do You Do if an Employee Appeals Your Decision?

If you’ve had to make a decision about one of your employees and an issue such as their flexible working request or a disciplinary situation, your employee has the right to appeal against your decision.

What do you do next? How should you handle their appeal?

Your employee can appeal against a disciplinary decision on both conduct and performance matters, or any other employment decision, but they must do so in writing. They need to set out the grounds for their appeal within the number of days set out in your own policy, of you giving them your decision.

You should then hear their appeal without delay. Where possible this should be done by a manager, preferably more senior and not previously involved in the case. This is not always possible in a smaller business, so the same manager or owner may have to hear the appeal, and they must be objective. At this meeting you need to hear what your employee has to say, and consider it against all the facts. You may need to carry out further investigations in order to reach your conclusion, before making your final decision.

Following the meeting, you should write to your employee to tell them the outcome of the appeal, and how the decision was reached. Examples of all the letters for all stages of the formal disciplinary process are available from the Disciplining staff section of the Acas website.

Whatever decision is made regarding the appeal, you must keep a confidential written record of the case.

If you run a small business and need someone impartial to handle appeals, or initial disciplinary meetings for you, do get in touch to talk about how we can do this for you. Call us on 0118 940 3032 or email sueferguson@optionshr.co.uk.

What’s the Best Way to Keep Your Staff Happy?

Happy employees make happy clients and customers. Here’s a check list of all the things you should be doing, to keep your staff – and therefore your clients and customers – happy. How many are you doing?

  • Improve their engagement with your company – low cost options include offering flexibility, the opportunity to buy or sell holiday and working from home
  • Cheer everyone up – buy them food at work
  • Give lots of praise – in public, if necessary
  • Recognise their achievements – a lot
  • Be reassuring (but realistic) about job security
  • Be flexible about working hours and opportunities to improve their work life balance
  • Be open, honest and involved with your team
  • Keep them in touch with all the news – good or bad
  • Keep up with employees training and development – it does not need to cost a lot. Don’t abandon development and new opportunities. Job training is perceived as a value
  • Develop your company culture – involve everyone in decisions and provide opportunities for staff who don’t normally work together to get to know each other
  • Offer chances to put forward suggestions – it could save you a fortune and it increases the sense of ownership and belonging
  • Provide regular team meetings to reinforce the company culture and beliefs
  • Think about using a promotion as a low cost way of improving self-esteem and self-worth
  • Treat everyone with respect – it doesn’t cost anything and it improves motivation.

How well did you score? What more could you be doing to keep your staff happy?

Family Matters in Your Business

Many of the recent Employment Law changes have focused on family matters. There are more to come in 2015, so it’s important that you are prepared and know how they might affect your business. Many changes relate to the families of your members of staff. While you might not think you’re directly involved, you could be and you need to know how to handle each situation.

Here are some examples: 

2015 Childcare Scheme. From this autumn, almost 2 million families will be able to make use of the tax-free childcare scheme announced in the last Budget. Eligible families will be able to claim a 20% rebate on their childcare costs up to £2,000 per child. How could this affect your business? Research shows that nearly a quarter of employed mothers would increase their working hours if they could arrange good quality childcare. This could be a good thing for your business, but not every family is eligible and some could end up worse off. Some might need to reduce their working hours, which might not suit your business.

Flexible Working. In the past, only parents with children under the age of 17 and carers could apply for flexible working. Now employees who are not caring for others have the right to make a request and as the employer, you must deal with these requests in a reasonable manner. This means you can no longer only expect your employees with children to request flexible working. Now you need to be prepared in case any of your employees makes the request. Do you know how you would deal with these matters?

Time Off for Dependants. All employees have the right to time off during working hours, to deal with unforeseen matters and emergencies relating to dependants. This is unpaid leave, unless you’re willing to give paid time off. Employees have a right to a reasonable amount of time off – usually 1-2hours rather than days – to deal with emergencies involving a spouse, partner, child, parent or an elderly neighbour. Leave can be taken to deal with a breakdown in childcare, to put longer term care in place for children or elderly relatives, if a dependant falls ill or is taken into hospital or to arrange or attend a funeral. Do you have a plan in place to deal with employees needing to take time off at short notice?

Shared Parental Leave. In the past, mothers could take 52 weeks of maternity leave and receive 39 weeks of statutory maternity pay. Now they can decide to share the leave with their partner. This means that if you are the employer of the partner, you could still find yourself having to give them parental leave, if the mother decides to go back to work early. To make sure your business is prepared for this, know how many of your key members of staff this could affect. Having a contingency plan for what it could cost you.

Antenatal Rights. Pregnant mothers are entitled to time off for antenatal appointments. In addition, partners of mothers-to-be can now take unpaid time off work to go with her to two of these appointments. While you might not have any expectant members of staff, think about the impact on your business of losing a key member of staff for a day – the partner. Can you still hold a Board Meeting with one of your Directors absent?

There have been a number of recent Employment Law changes affecting family matters. However, there are many other legal requirements that you need to be aware of, relating to your employees and their families. For more information the Acas website is always a good place to start.

Employment Law Update Workshop

On 21 May 2015 we’ll be spending the morning at Hennerton Golf Club in Wargrave, Berkshire, going through the latest changes to Employment Law. For individual help with your business and your employees, book your place on the workshop. We’ll talk about how the changes will specifically impact on your business. Click here to book your place for just £15 +VAT.

One of the attendees at a recent workshop said “I thought the workshop would be full of other HR people who knew more than me – but it wasn’t like that at all. I learnt a great deal from the Employment Law update and it was really useful talking to other people to hear how they dealt with similar issues to me.”