How Do You Handle Employee Suspension? Part Two – What Happens Next?

In a previous blog, which you can read here, we looked at how best to handle suspending an employee. There are certain principles that you need to consider, before you can move on to other considerations. We’ll cover these in this blog.

The Length of Suspension

In line with the Acas code of Practice on disciplinary and grievance procedures, the period of suspension should be kept as brief as possible, and its continuance kept under review. Where possible, you should tell your employee how long the suspension is expected to last, and update them as to the progress of the investigation and any delays. The suspension should be lifted immediately if the circumstances of the case no longer justify it.

Pay and Benefits

Your employee should be fully paid during a period of suspension, unless there is a clear contractual right to the contrary. All other benefits should also continue unless the contract states otherwise.

The Risk of Constructive Dismissal

If you impose an unjustified period of suspension, this may amount to a breach of the implied term of trust and confidence, entitling your employee to resign and claim constructive unfair dismissal. Whether or not you are in breach of this implied term will depend on the circumstances of the particular case. Suspension of an employee may put you at risk of such a claim if, for example:

  • the suspension is imposed without reasonable and proper cause
  • it is imposed in an unreasonable way
  • the suspension is unpaid, in the absence of a contractual right for it to be without pay
  • there is an unnecessarily protracted period of suspension
  • the employee who is suspended is permanently replaced.

The Conclusion of the Investigation

On completion of the investigation, you must decide whether or not there is sufficient evidence to justify disciplinary action. If there is, you should follow your disciplinary procedure and the Acas code of Practice as soon as you can. It may be appropriate for you to keep your employee suspended until the disciplinary procedure is complete if the circumstances still justify it.

If no disciplinary action is needed, you should lift the suspension and ask your employee to return to work without delay. It may be that they feel aggrieved by the period of suspension, so it is advisable for you to have a return-to-work meeting to enable your employee to discuss any concerns that they may have and allow you to address these concerns. You should assure your employee that the period of suspension has not affected their position, or continued employment, and that they will not suffer any future detriment as a result of the suspension.

As with any tricky situation with a member of staff, if you have any concerns about the best course of action to take, please get in touch with me for some confidential advice, before taking any action. It is vital that you follow correct procedures. Call me on 0118 940 3032 or email sueferguson@optionshr.co.uk.

How Do You Handle Employee Suspension? Part One – Practice and Principles

In cases of alleged misconduct by one of your employees, in order to ensure that any dismissal is fair, you should investigate the matter to determine whether or not disciplinary action is necessary. The fairness of the dismissal depends on whether or not there is a fair reason for dismissal and, in the circumstances, whether or not you, as the employer, acted reasonably in treating it as a sufficient reason for dismissal. How you investigate the matter will be relevant to whether or not you acted reasonably.

In some cases, it may be appropriate for you to suspend an employee from work pending the completion of the investigation. However, given the serious implications of suspension for an employee, including for his or her morale and professional reputation, you must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.

The Acas code of Practice

The Acas code of practice on disciplinary and grievance procedures provides practical guidance on dealing with disciplinary and grievance issues in the workplace. The code states that employers should pay a suspended employee during the period of suspension, keep the suspension as brief as possible and keep the suspension under review. You should make clear that the suspension is not disciplinary action in itself.

The non-statutory guidance that accompanies the code says that suspension may be necessary, for example:

  • where relationships have broken down
  • in cases of gross misconduct
  • where there is a risk to an employee or company property, or responsibilities to other parties, or
  • in exceptional cases, where there are reasonable grounds to suspect that evidence has been tampered with or destroyed, or witnesses pressurised.

General Principles

While it is preferable for you to have a contractual right to suspend an employee, where the circumstances justify it, you can still suspend without one. You should ensure that the employee suffers no detriment as a result of its decision to suspend, and as such, the employee should be fully paid and benefit from the same terms and conditions of employment throughout the suspension.

If the contract of employment contains a procedure that applies to the suspension of an employee, you should ensure that you comply with it, as a failure to do so may enable the employee to claim breach of contract, and/or to resign and claim constructive unfair dismissal.

As an employer, you should not suspend an employee without just cause. It is not appropriate to suspend simply because investigative enquiries are being made, where the particular circumstances don’t require it. If it is necessary to remove the employee from, for example, contact with particular colleagues or clients, you should consider if suspension can be avoided by using a less drastic measure, for example a temporary change to the employee’s duties or department.

Where the circumstances of a case justify suspension, you should advise the employee of the reason for the suspension, how long it is likely to last, and that it is a neutral act that does not indicate guilt. You should make clear to the employee that the suspension is not disciplinary action in itself, and that disciplinary action will not necessarily follow.

You should also aim to keep the suspension and the reason for it confidential, so as not to cause damage to the employee’s reputation, particularly as the investigation will not necessarily result in disciplinary action. Where it is necessary to explain the employee’s absence, you may consider discussing with the employee how he or she would like this to be communicated to clients and colleagues; this may be appropriate particularly if the employee holds a senior position. Where the employee’s colleagues are aware of the suspension and/or the disciplinary issue, for example if they are witnesses or involved in the investigatory process, you should explain that the suspension is a precautionary measure while the matter is being investigated, and that it will not necessarily result in disciplinary action. Employees should be encouraged to treat the matter as confidential. You may wish to provide managers with a statement confirming how to respond to queries relating to the suspended employee’s absence, to ensure that a consistent message is communicated.

Think that you might need to suspend one of your employees? Call me first, before you do anything! We can discuss the situation in complete confidence, to help you make the best decision. Call me now on 0118 940 3032.

How to Deal with an Employee’s Difficult Attitude

Sometimes, as a Manager, you might have to deliver some bad news to one of your employees. You may have to tell someone that their job is redundant, or discuss some poor performance or unacceptable behaviour. The topic under discussion may be a sensitive issue. Some employees could react negatively, by becoming upset, angry or verbally abusive. There are several things that you can do, as their manager, to ensure that the meeting remains productive.

Remain calm. It is your responsibility to achieve a successful outcome to the meeting and this can be done only if you remain calm and refrain from bringing your own feelings into play.

Let the employee ‘vent’. It is important that the employee calms down. However, allowing the employee some time to vent his or her anger or frustration, gives them space and a feeling of being listened to. They may also reveal information that may help in finding a resolution to the problem.

Remember the reason for the meeting. It is easy for the employee to veer into other topics if he or she feels uncomfortable, or is looking for excuses for his or her behaviour. To get back on track, you should remind them of the reason for the meeting and the ideal outcome.

Remember that the issue needs to be dealt with. When faced with a difficult attitude, you might be tempted to postpone the meeting in the hope that the employee will calm down. However, this can make both parties lose sight of the issue. Don’t postpone the meeting simply because the employee is not being receptive.

Inform the employee that his or her attitude does not assist the organisation as a whole. If the issue being discussed is the employee’s misconduct, you could explain to the employee that his or her difficult attitude in the meeting mirrors his or her behaviour in the workplace. This may help the employee to reflect on his or her behaviour and calm down.

Following the Meeting

After the conversation, you should keep the momentum going. Achieving a successful outcome is an ongoing, building process. Failing to keep on top of the issue may undo all the good work and may leave you having to deal with the issue from the beginning. To ensure momentum is not lost, there are several things that you can do:

  • Make sure that the employee feels supported. If the employee knows that a manager is there to support and help him or her, this will be invaluable in achieving a successful outcome to the conversation.
  • Have regular informal chats with the individual and less regular formal discussions, including a further meeting to review the outcomes or first step.
  • Ensure that what was said and agreed in the meeting is well documented. Both parties should agree that the contents of the document reflect what was agreed and thereafter refer to it if there is confusion or disagreement.
  • Monitor how the agreed actions are being implemented by the employee.
  • Comply with your obligations as to follow-up, for example providing agreed training.

Dealing with a difficult attitude or an angry or upset employee is not something that you have to handle every day, as a manager. However, if you’re prepared, if and when the situation does arrive, you’ll be in a better position to handle it. If you have a difficult conversation to have with a client and you’d like some help getting the best outcome for everyone, call me on 0118 940 3032 or email sueferguson@optionshr.co.uk and I can give you some advice and pointers.

Handling Difficult Conversations – Part One

Difficult conversations with employees are part of a line manager’s role.

Any conversation that you would rather not have can result in you expecting it to be a difficult one. However, issues need to be dealt with before they escalate into more serious problems, so in this series of blogs we’ll look at how best to handle them.

Issues that managers find difficult to raise with employees include:

  • delivering bad news, such as confirmation that an employee is being dismissed
  • providing feedback on performance
  • raising an issue of misconduct
  • raising the issue of an employee’s personal hygiene
  • addressing a conflict between colleagues
  • acknowledging that the line manager was wrong and the employee was right.

What happens if you ignore the issue?

Failing to have a conversation to address the issue could have a number of potentially serious consequences:

  • The issue may interfere with your own work
  • If an issue of poor performance or misconduct is left unchecked, the employee may think that the situation is acceptable
  • Failing to address issues of poor performance or misconduct will make it more difficult for you to impose a disciplinary sanction at a later date
  • If left unresolved the issue may cause productivity problems for the individual, the team and the organisation
  • If the issue that needs to be addressed is the employee’s failure to pull his or her weight, failing to address it may cause problems with the employee’s colleagues who may have to pick up the individual’s slack
  • A loss of respect for you as a manager and the organisation as a whole can develop.

Once you have decided to address the issue by having a conversation with the individual, you should conduct it in an appropriate manner so that both parties use the situation to maximum benefit. There are five key areas that you should consider.

1. Preparation

Effective preparation for the meeting will help you get across what you want to say without losing sight of the objective. There are several strands to effective preparation:

  • Investigate the issue before the meeting to be able to provide evidence
  • Decide what the ideal outcome of the conversation would be
  • Think carefully about the differences between your character and that of your employee. You could adapt your style of doing things to assist with understanding and acceptance of the message by your employee.
  • Think about your frame of mind before having the conversation
  • Concentrate on the issue rather than the individual

You should prepare any materials that may be needed for the meeting, including extra copies of documents for the employee. You can also practise what you are going to say, particularly any opening statement or questions.

A difficult conversation should always be conducted in private so that neither the line manager nor the employee is embarrassed and so that you both feel that they can speak freely. You should allow sufficient time to enable proper discussion.

2. Communication

It is important for you to communicate the issue clearly, so that there are no misunderstandings. You must also put the message across in a way that is constructive, even though the information may seem negative.

Set the right tone: begin the conversation in a professional manner as this will encourage a professional attitude throughout the meeting and help to achieve a successful outcome.

State the issues clearly: To avoid misunderstanding, state clearly what the issue is. Praise or positive comments can be useful, but you should not let this cloud the message that you need to impart.

Put the issue in context: Demonstrate why the issue is important.

Give specific examples and evidence: If the message that needs to be imparted is that the employee has been refused a request for flexible working, it helps if you can give specific examples of why the request cannot be accommodated.

Focus on the issue, not the person: Avoid expressing your opinion about the employee. This can be done by sticking to the facts and avoiding generalisations and comments on the individual’s personality.

Avoid an attitude of blame: The issue needs to be addressed in a collaborative way. Managers should not approach a conversation with an attitude of ‘line manager versus the employee, but with an attitude of ‘both versus the problem’.

Avoid belittling the issue: Your own fear of a difficult conversation could lead you to belittle the issue. Avoid phrases such as “this won’t take long”, “it’s really not a big deal” and “I’m sure you’re aware of what I’ll be saying”.

Be positive: Managers should be bold and state that they want a successful outcome to the meeting. This will give a constructive tone and feel to the conversation even if the news seems bad. It also helps if you use positive words, such as “improvement” and “achievement”, rather than negative words, such as “failure” and “weakness”.

Body language: Be aware of your own body language so that it does not alienate the employee. Your attitude will usually be replicated by the employee.

There is a lot more to getting through difficult conversations with employees, including listening, exploring the issue and agreeing the next action, which we’ll cover in the next blog in this series.

If you need some help now with handling difficult conversations, contact us now and we can provide you with some free, impartial advice, to help you get started. Call us on 0118 940 3032 or click here to email me.

Source: Xperthr

The Difficult Issue of Dealing with Personal Hygiene Issues at Work

Dealing effectively with an employee who has a personal hygiene problem is one of the most difficult and sensitive situations that you’re likely to face, as a manager. The problem may be one of body odour, dirty or stale-smelling clothing, dirty hair or bad breath.

It is advisable not to ignore a problem of this nature as, the longer the matter is allowed to continue unresolved, the more difficult it will be to raise the issue with the employee. Unless the issue is raised with the employee, it is likely that the problem will continue and other employees may become hostile towards the problem employee and disillusioned by management’s lack of willingness to tackle the problem.

Whether a problem of this nature is brought to your attention informally by one or more of your employee’s colleagues, as a result of a formal complaint, as a result of comments overheard by chance, or by evidence that colleagues are avoiding the person, the issue needs to be tackled promptly and firmly.

Open communication

The only effective method of dealing with a problem of lack of personal hygiene is through honest, open, two-way communication with the employee in question. Plain language should be used to explain the problem. Dropping hints, for example making comments about bad smells, putting a bar of soap in the employee’s desk drawer or leaving a stick of deodorant in a prominent place, is unlikely to work, and may create further problems such as ill-feeling or upset.

It will be important for you to bear in mind that a problem of body odour or bad breath may be rooted in the employee’s health and may not always be due to a lack of personal hygiene. You therefore need to have an open mind and be careful not to be seen to accuse the employee of poor personal standards.

Discussion guidelines

To handle the matter, you should arrange to talk to your employee privately, bearing in mind that an interview of this nature is likely to be difficult and possibly embarrassing for the employee. You will therefore need to be sensitive, understanding and patient during the interview. Clearly, discussions with the employee should be held privately and kept confidential, and it will be important for the employee to be reassured that this is the case.

You should specify the problem factually and in plain language. For example, you might say: “I have noticed sometimes that you have quite a strong body odour and I feel that this is something that needs to be addressed” or “I have noticed on occasions that the clothing you wear to work has a stale smell and I feel that this is something that needs to be addressed.”

Depending on the response you get, you might ask your employee if he or she is aware of any reason for the problem, for example an underlying medical cause. If this is the case, you should not ask intrusive questions into the employee’s state of health, but move on to discuss what can be done to resolve the matter.

Make sure that you reassure the employee that the aim of the discussion is to help and encourage him or her to recognise and solve a problem. Do not tell the employee that other people have commented on the problem (even if they have), as this is likely to cause unnecessary embarrassment.

Action agreement

Having pointed out the problem and allowed the employee adequate time and opportunity to respond, you need to ask your employee what solution he or she thinks would be feasible. Depending on what explanation they give (if any), the solution may be one of the following:

  • See his or her own doctor to explain that the problem has been highlighted at work and ask for (further) medical intervention
  • Agree to be seen by a company-nominated doctor at the employer’s expense to discuss the matter and seek a solution
  • Undertake to bathe more frequently and/or to wash his or her hair more frequently and/or to launder his or her clothes more frequently
  • Undertake to brush his or her teeth and/or use a mouthwash more frequently.

If the problem is one of lack of personal hygiene, you should inform the employee clearly and firmly that an improvement is required so as to avoid further difficulties. This should, however, be put across to the employee in a supportive way, and not in a manner that implies criticism or threat. However, do not be afraid to stress the importance of improvement. You may be able to justify a requirement for improvement along the lines of “providing an acceptable working environment for all, given the close proximity in which colleagues have to work” or “creating a positive image on the part of the organisation when dealing with the public”. Do what you can to secure the employee’s agreed commitment to change and set a date for a review, perhaps in a month’s time.

Dealing with a personal hygiene problem in the workplace is certainly no easy matter, but the employee may, in the longer term, benefit from the sort of frank feedback that will be necessary in such a situation.

If you have a problem such as this at work and you’re still not sure how to handle it, call us for a confidential chat and we’ll help you through it. Call me now on 0118 940 3032 or click here to email me.

Source: XpertHR

The 12 Days of Christmas

On the first day of Christmas, my HR Consultant gave to me, a Contract in a pear tree. Make sure that you have up to date contracts for all your employees.

 

 

 

 

 

On the second day of Christmas, my HR Consultant gave to me, two boxing gloves. Don’t go picking a fight with your employees just because they don’t do what you want them to do. Learn to manage them properly!

 

 

 

 

On the third day of Christmas, my HR Consultant gave to me, three French Hens. If you have employees from Europe, keep an eye on our blog for news of how Brexit could affect your employees and your business.

 

 

 

 

On the fourth day of Christmas, my HR Consultant gave to me, four dreaded words. “You have been fired!” Before you rush to sack anyone, check to make sure you have a good reason and make sure you do it properly.

 

 

 

 

 

On the fifth day of Christmas, my HR Consultant gave to me, five golden things. Here are the five stages of HR that your business will go through.

 

 

 

 

 

On the sixth day of Christmas, my HR Consultant gave to me, six staff-a-laying. Keep your employees delivering all those golden eggs, to the best of their ability, by looking for ways to develop them and their performance.

 

 

 

 

On the seventh day of Christmas, my HR Consultant gave to me, seven swans-a-swimming. If, like a swan, you’re all grace and elegance above water, while below you’re frantically paddling to keep afloat of all things HR, just get in touch to see how we can help.

 

 

 

 

On the eighth day of Christmas, my HR Consultant gave to me, eight maids-a-milking. Except that these days, you have to let the men do the milking too, if they want to! You’re not allowed to discriminate. Acas can help you create a fair workplace.

 

 

 

 

On the ninth day of Christmas, my HR Consultant gave to me, nine ladies dancing. And the men can dance too!

 

 

 

 

 

On the tenth day of Christmas, my HR Consultant gave to me, ten lords (and ladies) leaping at the Christmas party. Make sure you lay down a few rules for proper behaviour, so that things don’t get out of hand.

 

 

 

 

On the eleventh day of Christmas, my HR Consultant gave to me, eleven pipers piping. Make a big noise when your staff do a great job. Look for the best way to reward them.

 

 

 

 

 

On the twelfth day of Christmas, my HR Consultant gave to me, twelve drummers drumming. I keep drumming good HR practices into my clients’ businesses, to help them grow successful companies that are great places to work.

 

 

 

Merry Christmas …

And have a stress free New Year with lots of happy, productive employees!

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3 Steps to Get You Through Those Dreaded Appraisals!

With the end of the year approaching fast, now is a really good time for you to be thinking about annual appraisals. It is ideal if you can complete them all by the end of the year, as they give you a good opportunity to review the performance of your staff this year; and to plan what you want them to achieve next year.

Many managers approach appraisals with fear and trepidation. However, if you put some time into preparing for them, they can be a very useful tool for developing your people and improving performance across your business. Read on to find out how to this simply and efficiently!

It seems that many managers, whether relatively new to the job, or with many years of experience, would rather not spend more time than is absolutely necessary on annual appraisals. They have bad press as being a waste of everyone’s time. This is quite possible, if you approach them at the last minute, with no preparation. Here are three steps that will help you and your employees to find them much easier to get through and actually get the best from your time.

  1. Preparation

This is one of the most important stages of the appraisal process and is often missed or skipped over too quickly. You need to have facts about each employee’s performance and evidence of instances in which they have performed well or badly. This will make the appraisal constructive and meaningful.

Throughout the year, track each employee’s performance and keep a log of memorable incidents or projects they’re involved in. Look back at previous appraisal information and job descriptions to make sure they are meeting their agreed objectives.

Make sure that your employees are prepared too. Agree the date, time and place for the meeting at least two weeks in advance; brief them on the importance and scope of the meeting and what you expect from them. Ask them to spend some time thinking about what they’d like to discuss at the meeting too. Click here for an example of a form that you can ask each employee to complete before the appraisal.. If an employee also works for someone else in the business, ask them to be involved too.

  1. The Meeting

Once the preparation is done, here’s how to carry out the meeting:

  • Ask open and probing questions, giving your employees the opportunity to decide how to answer; encourage them to talk freely
  • Listen to what they say without interrupting. Also watch their body language for messages
  • Evaluate performance, not personality. Focus on how well the employee does their job rather than personal characteristics
  • Give feedback based on facts not subjective opinion. Use feedback to positively reinforce the good. In the case of underperformance, use it to help the employee understand the impact of their actions or behaviour and the corrective action required
  • Set SMART objectives for the future and set a timeline for improvement if an employee is underperforming. Look also for development opportunities to help your employees reach their potential.

Document each appraisal. Write a summary of the discussion, what was agreed and any action to be taken while it’s fresh in your mind.

  1. Follow Up

Don’t just walk away at the end of the meeting, breathing a sigh of relief and forgetting about it all until next year!

Do what you say you will do. Fulfilling your promises reflects well on you and your business. If you’ve set deadlines for performance reviews, follow up on them. Check on progress that you discussed in the meeting.

Not following up with appraisals means that the whole process will be a waste of time and something that neither you nor your employees look forward to or find useful. Spend some time planning and preparing and you’ll find them really useful and productive.

If you need help with appraisals, why not use our Appraisal Service? We will help you to hold meetings that actually work for you, your staff and your business. Click here to find out more.

How Do You Handle Unauthorised Absence from Work?

What do you do when one of your members of staff keeping missing work for no apparent reason, or doesn’t come back when you expected them to after their holiday? This is known as unauthorised absence and needs to be handled quickly and efficiently.

The first thing to do is find out why someone has been missing work. Is it unusual or do they keep missing work? Next you need to get in touch with them and follow a procedure. This short video will tell you more about this.

We can help you put a procedure in place for handling these issues and can provide you with a template letter to send to staff who have been absent without your authorization. Just call us 0118 940 3032 or email sueferguson@optionshr.co.uk for some confidential advice.

How Do You Handle Short Term Staff Sickness?

Do you have a member of staff who always seems to be off sick, or who doesn’t turn up at work as often as they should do? What’s the best way to handle this?

The first thing you need to do is find out exactly how many days your employee has been off work due to illness and why. What next? Watch this video to find out how to meet to with your employee and what you expect from them next.

If you have any specific questions about handling short term sickness issues with your team, call us 0118 940 3032 or email sueferguson@optionshr.co.uk for some confidential advice.

How Do You Deal with Poor Staff Performance?

What do you do when you first think that one of your members of staff isn’t doing as well as you would like them to?

Whatever you do, don’t ignore it and just hope that the situation will improve!

For some tips on how to deal with the early stages of poor performance, watch this short video.

If you still have any questions about how to help your staff to perform better, or you have a more difficult situation to deal with, call us 0118 940 3032 or email sueferguson@optionshr.co.uk for some confidential advice.