Category Archives: HR Advice

One of my employees is underperforming. How long do I give them as a review period?

Posted on by

The answer to this question is that there’s no statutory time frame for improvements for underperformance.

Timescales for an employee’s improvement must be reasonable and will depend on the circumstances, including the employee’s role and position within your company and his or her length of service and past performance. In some cases, a review period of a few weeks may be sufficient – for tasks that are carried out every day, or for performance that can be seen every day, such as starting work on time. In others cases, a review period of several months may be more appropriate, for longer term activities such as sales.

When you agree to provide your employee with additional training or support, this will need to take place before their performance can sensibly be measured again. You should make sure that you monitor your employee’s performance during the relevant review period. The period should be long enough to allow you to assess whether or not your employee has made and sustained the necessary improvements.

The answer to this question will also be different for each different situation. If you have a member of staff whose performance needs to be reviewed, get in touch and we can talk about the situation, to help you work out the best way forward.

You can also find out more by watching one of my recent videos, by clicking here.

Question: Christmas is coming – Are Employees Who Work on Bank Holidays Entitled To Pay in Lieu or Additional Holidays?

Posted on by

Answer: This depends on the overall holiday entitlement and the terms of the employment contract. If the entitlement is the statutory minimum (which is 28 days including Bank Holidays) and an employee works on a Bank Holiday, they must have a day off in lieu so that the total paid leave stays at 28 days per year. This is for employees who work five days per week.

What about pay? If an employee is entitled to the day off on a Bank Holiday, then they will be entitled to their normal rate of pay for this, in the same way as they would for any other holiday. Contrary to popular belief, for those working on a Bank Holiday, there is no entitlement to extra pay, unless the terms of the person?s contract state otherwise. However, if employees are normally paid extra for working a Bank Holiday that should apply when additional public holiday days are announced too.

How about part-time employees?

Your obligation to part-time workers is governed by the Part-time Workers (Prevention of Less Favorable Treatment) Regulations 2000. This means that part-time workers are entitled to the same holidays as comparable full-time workers, but on a pro rata basis.

You must make sure that a part-time employee receives his or her pro rated entitlement if bank holidays are included in the employee’s statutory minimum holiday entitlement, or if you grant holiday that exceeds the statutory minimum to your full-time workers.

Because most bank holidays fall on a Monday or Friday, part-time employees who do not work on these days could be entitled to proportionately fewer days off compared with full-time employees.

To avoid a complaint of less favorable many employers provide part-time employees with a pro rated bank holiday entitlement. Te best option is to calculate pro rated bank holiday entitlement according to the number of hours that the part-time employee works, irrespective of whether or not he or she works on the days on which bank holidays fall.

We’re building up a bank of answers to questions we’re frequently asked. Click here to see the questions and answers on our website. If you have a question that you’d like us to answer, email us or give us a call in confidence.

Seven Steps for Dealing with Poor Performance in a Growing Business – Part Three

Posted on by

Last month I wrote about steps four and five of a seven stage process that you need to follow, when you have to deal with issues of poor performance in your business. Click here to read that blog again. If you missed steps one, two and three, you can read them here.

When you’re trying to reach a higher level in your business, you’re only as strong as your weakest member. Dealing with somebody in your team who doesn’t live up to the standards you require is difficult, both legally and ethically. Before you show an employee the red card, be sure you have tried everything that is expected from you, the employer, to guide them and push their performance to a higher level. To deal with the matter correctly, here are the remaining steps to follow:

Step 6: Agree a performance improvement plan

Where you have issued a warning, agree a written performance improvement plan with your employee. This will help you to formally identify unsatisfactory aspects of performance, agree on where further training, coaching, or other support could improve the matter and set new objectives or reiterate existing ones. You can also agree the standards to be achieved, within clear and reasonable timescales.

Provide your employee with appropriate support to improve their performance, allowing them a sufficient and reasonable period to make progress and carefully monitor this.

Step 7: Follow-up meeting

At the end of the agreed review period, arrange a formal follow-up meeting to discuss your employee’s progress and repeat the procedure from Step 3 if necessary. Up to three performance review meetings should be held before dismissal is considered.

If your employee’s performance reaches a satisfactory standard within the review period and no further action is necessary, inform your employee in writing. If this is not the case then agree a further performance improvement plan and set a further period in which your employee must improve.

Finally, with any incidence of poor performance it is crucial that you follow the Acas Code of Practice on discipline and grievance and ensure that employees are treated fairly and consistently.

Deal with issues of poor performance as soon as you notice them and you’ll find it much easier to work them out, to get the best results for your employees and your business.

If you missed the first two parts of this process here, click here for Part One and click here for Part Two.

Are Your Staff Still Legal? Employment Law Update

Posted on by

Employment law is updated regularly. To keep you up to speed and on the right side of the law, I?m running a workshop in Reading on 20 November 2013. Click here to book your place for just £10 +VAT.

In the meantime, here is a quick summary of some of the more recent updates that you need to know about, that have been made since the update blog I wrote in July 2013.

Employment tribunal fees introduced. Fees are now charged for issuing and hearing tribunal claims and for various applications made during tribunal proceedings. Fees were introduced on 29 July 2013 in respect of claims issued on or after that date. Claims already before the tribunal at that date are unaffected. Click here to read a leaflet that tells you more about the exact charges.

New employment tribunal rules in force. The new rules are intended to simplify and streamline the tribunal process and to cut costs. They came into force on 29 July 2013 and apply to all claims irrespective of when they were issued.

Settlement agreements. Also from 29 July 2013, the Government’s proposals for facilitating the use of settlement agreements came into force. As an employer you can now offer a settlement agreement at any time, irrespective of whether there is an existing dispute. Neither you nor your employee can later refer to the fact that an agreement has been offered in subsequent unfair dismissal proceedings, should an agreement not be reached.

Compensatory award cap. A cap on the compensatory award of one year’s pay has been introduced.  The previous statutory maximum will apply, if lower. The new cap applies where the effective date of termination is on or after 29 July 2013.

Employee shareholder contracts. Since September 2013 you are able to offer employee shareholder contracts to new and existing staff, although existing staff cannot be forced to agree. Under these contracts, employee shareholders must be given free shares worth at least £2,000. Shares issued up to £50,000 in value will qualify for capital gains tax relief. In return, employee shareholders are required to give up their rights to claim unfair dismissal, a redundancy payment and to request flexible working and time off for training.

National minimum wage increases. The national minimum wage increased on 1 October 2013. Click here to see all the numbers and how they’ve changed.

And as if that’s not enough, there are more changes coming in April 2014! Some will affect maternity and paternity leave, so come to my next workshop to find out more.

How to Sack Someone

Posted on by

No matter how hard you work at recruiting the best staff and keeping them engaged with their work and your business, at some point you may have to sack a member of your staff. Here’s a simple overview of the different (legal!) ways in which you can do this.

Dismissal is when you end an employee’s contract. When dismissing staff, you must do it fairly. There are different types of dismissal:

  1. Fair dismissal
  2. Unfair dismissal
  3. Constructive dismissal
  4. Wrongful dismissal

Fair and Unfair Dismissal

A dismissal is fair or unfair depending on:

  • Your reason for it, which must be valid. Reasons can include capability, conduct, redundancy or something that prevents staff from legally being able to do their job, such as a driver losing their driving licence
  • How you act during the dismissal process. Even if you have a fair reason, the dismissal is only fair if you also act reasonably during the dismissal and disciplinary process.

Constructive Dismissal

This is when an employee resigns because you’ve breached their employment contract. This could be a single serious event or a series of less serious events.

An employee could claim constructive dismissal if you:

  • Cut their wages without agreement
  • Unlawfully demote them
  • Allow them to be harassed, bullied or discriminated against
  • Unfairly increase their workload
  • Change the location of their workplace at short notice
  • Make them work in dangerous conditions

A constructive dismissal isn’t necessarily unfair – but it would be difficult for you to show that a breach of contract was fair.

Wrongful Dismissal

This is where you break the terms of an employee’s contract in the dismissal process, e.g. dismissing someone without giving them proper notice. Wrongful dismissal isn?t the same as unfair dismissal.

If an employee thinks you’ve dismissed them unfairly, constructively or wrongfully, they might take you to an employment tribunal.

How to Sack Someone

When it comes to actually dismissing a member of staff, your procedure should follow the advice set out in the Acas (Advisory, Conciliation and Arbitration Service) code of practice.

This is just an overview of the legal ways in which you can ask a member of staff to leave your business. There is more information online and if you’re having any staff issues, please do get in touch with me, to talk through your issues, before you make any decisions. You can always call me on 0118 940 3032 with your questions.

Getting Started with Performance Appraisals Part 2

Posted on by

Here are some things to think about, before you carry out your annual staff appraisals, to make them less daunting and more effective. We’ll go into more details on these tips and what to actually in the appraisal meeting, at our forthcoming workshop on 11 September 2013.

Prepare. A good appraisal form will provide a natural order for proceedings, so use one. If you don’t have a standard appraisal form then find one online – there are plenty of templates available. Organize your paperwork to reflect the order of the appraisal and write down the sequence of items to be covered. If the appraisal form includes a self assessment section and/or feedback section, make sure you give this to each member of staff in plenty of time, allowing them to complete it before the meeting.

Part of your preparation should also consider ‘whole-person’ development, beyond and outside the job skill-set. Many people are not particularly interested in job skills training, but will be interested and motivated by other learning and development experiences. Get to know what your people are good at outside of their work. Appraisals are not just about job performance and job skills training. Appraisals should focus on helping the ‘whole person’ to grow and attain fulfilment.

Inform. Let your staff know when and where their appraisal will be held. Give them the chance to assemble any data and relevant performance and achievement records they need.

Venue. Plan a suitable venue that’s private and free from interruptions. Privacy is absolutely essential.

Layout.  Room layout and seating are important elements as they have huge influence on atmosphere and mood. Irrespective of content, the atmosphere and mood must be relaxed and informal. Remove barriers – don’t sit across the desk from your staff member; use a meeting table or easy chairs and sit at an angle to each other.

Introduction. Relax your member of staff by opening with a positive statement. Smile, be warm and friendly to create a calm and non-threatening atmosphere. Set the scene by explaining what will happen and encourage a discussion and as much input as possible from them

When you spend some time thinking about how you’ll carry out your annual appraisals, they’ll be much more effective for both you and your members of staff.

For more information, come to our workshop on 11 September 2013 for just  £12 +VAT. Click here for the details and online booking.

Seven Steps for Dealing with Poor Performance in a Growing Business – Part One

Posted on by

Poor employee performance must be tackled if your business is to thrive. Here are the first of seven steps you can take to tackle poor performance. I’ll bring you the next steps in another blog next month.

When you’re trying to reach a higher level in your business, you’re only as strong as your weakest member. Dealing with somebody in your team who doesn’t live up to the standards you require is difficult, both legally and ethically. Before you show an employee the red card, be sure you have tried everything that is expected from you, the employer, to guide them and push their performance to a higher level. To deal with the matter correctly, there are a few steps to follow:

Step 1: Informal conversations

Your starting point for resolving issues should be to deal with them early and informally. Sit down and discuss your concerns with your employee. Use these meetings to encourage and develop the behaviour and performance you want.

Never automatically assume that the employee is at fault. Investigate the causes of poor performance before deciding what action to take. Your aim should always be to help your employee bring their performance up to standard.

Step 2: Offer support

Where your conversation reveals a cause that’s not the fault of your employee, your initial response should be to offer help and support. Regularly monitor performance, referencing the objectives and timescales agreed, where appropriate. You should offer ongoing support, even after the discussion; and keep records and notes of all informal discussions.

Step 3: Performance review meeting

If, following informal discussion and support, and from monitoring your employee’s performance, you don’t feel improvements have been made, you’ll need to follow a formal capability procedure. This procedure provides for a series of performance review meetings with the employee following which formal warnings may be issued.

You must give your employee at least 48 hours’ notice of a performance review meeting and ensure the arrangements are handled with discretion and confidentiality.

Make sure you’re accompanied at the meeting by a colleague or HR representative. Their role is to support you and take accurate notes of the meeting, enabling you to focus on handling the session fairly and appropriately.

There’s a lot to take in here, so I’ll write about the next stages to follow in a blog next month. If you need to deal with a poor performance issue, this will give you time to carry out steps 1, 2 and 3.

Should You Bother with Appraisals

Posted on by

Should You Bother with Appraisals

Why should you bother with appraisals? Because you don’t know if you don’t ask.

Essentially a conversation, appraisals are a very useful conversation when you want to get the best out of your employees and see your business grow. Useful for finding out information and giving feedback, appraisals are also a great opportunity for employees to reflect on their goals, objectives and contributions. Well conducted appraisals result in a better understanding of your team, allow positive changes and increase morale.

What you can find out from an appraisal:

  • There may be expertise or knowledge within your team that you didn’t know about
  • Some employees may feel dissatisfied with their role or may be struggling with their work
  • You may find some gaps in the knowledge of your employees
  • Maybe they are really happy and performing well!

What do you do with this information?

This knowledge allows you to sort out problems and make sure individual employees are the right people for the right roles. If someone is more suited to a different role, re-structuring will make a more effective use of the people you have.

You can organise training that is required to increase efficiency and encourage staff to share expertise with their colleagues.

When misunderstandings and communication problems surface, you can organise regular team meetings to keep everyone in the loop.

Getting your employees’ views allows you to find out what they need and gives them a sense of being in control of their job. Without talking to the people you work with you remain oblivious to problems that may be hindering productivity, motivation and ultimately the success of your business.

What can you tell your employees?

An appraisal is your chance to say “well done” or ask the questions to find out why an individual is not be performing at their best. Money is not always the best way to reward people for good work; recognition is extremely motivational. Appreciation and praise encourages loyalty and focus. Individuals who have received positive feedback about their work are more likely to give 110%.

So why bother?

Because regular appraisals make sure your team remains highly motivated and satisfied at work which ultimately increases productivity, reduces absenteeism and staff turnover. Carried out professionally and sensitively, they are an essential component of success in business.

To find out about how to carry out effective appraisals, book you place on the workshop I’m running in Henley on Thames on 11 September 2013. Click here to book your place online for just £12 +VAT.

Legal HR Update July 2013

Posted on by

In June 2013 a number of changes were made to employment law. Here’s a summary of what you need to know.

1. Qualifying period for unfair dismissal claims over political opinions removed

From 25 June 2013, the two year qualifying period for unfair dismissal claims does not apply where the alleged reason for dismissal is, or relates to, the employee’s political opinions or affiliations.

This means that any member of staff who thinks they have been unfairly dismissed due to their political beliefs does not have to have worked for you for at least two years before they can make such a claim.

2. Public interest disclosures no longer required to be in good faith

From 25 June 2013, a disclosure is not protected unless it is, in the reasonable belief of the worker making the disclosure, ‘in the public interest’. Accordingly, an employee who ‘blows the whistle’ about breaches to his or her own employment contract will not normally be protected. The requirement that a protected disclosure must be made in good faith was removed on the same date.

3. Update Service launched by Disclosure and Barring Service (DBS)

From 17 June 2013, the DBS Update Service allows employers to check the status of criminal record checks online.

This means that you can look up the records of potential employees and current employees too.

If you need to talk about any of these changes in more detail, if you think they affect you, give me a call on 0118 940 3032.

Setting Objectives for Your Staff

Posted on by

Setting objectives for your members of staff to reach is a great way to stretch them and to help them to grow and develop their careers. Encouraging them to achieve more is also great for your business. But what’s the best way to set objectives? Should they really be SMART? How do you find a suitable objective for someone who does the same thing every day or has worked for you for 20 years and needs to carry on doing the same? Do you treat new employees the same as long serving ones the same?

What is a work objective? It is a mutually understood agreement about a specific work outcome that a staff member is expected to achieve by a certain deadline. It is not a list of all the activities that member of staff should carry out.

Why set work objectives? Setting objectives allows your employees to understand exactly where their role fits within your company and what their responsibilities are. It helps them gain a better understanding of the value and contributions they bring to the company. Objectives focus on outcomes rather than activities and allow both staff and employer to measure success.

What is the right mix of goals? There are a number of different types of objectives that you can set and you need the right combination for each member of your team.

  • Essence of the job objectives – ones that clearly define tasks that are required to complete the job. These objectives should be very personalised to each individual position and employee. For a long term member of staff, these objectives may remain the same over time.
  • Project objectives – ones that your employee should pursue with a clearly defined beginning and end. New members of staff may need shorter projects when they first join the company.
  • Professional development objectives – what an employee will learn in the next six months or a year that will help their professional growth. It’s important to think beyond skill improvement and consider objectives that develop each employee and help your organization as a whole. New members of staff may meet development objectives quickly; more established members of your team may need more encouragement to think about their growth and development, if they do the same work every day over time.
  • Performance objectives – very basic, but what time your employees should start work, what they wear and how they should behave. New employees may need these goals specifically outlined when they start working for you.

Once you’ve set objectives with each member of your team, you’ll need to review them regularly, when you carry out formal appraisals or less formal ‘job chats’. Work with all your employees and you’ll be able to develop them and your company.

Want to know more about Appraisals? Come to the workshop I’m running on 11 September 2013. To book your place online, click here.