Category Archives: Preventative HR

Is Your HR Doing What it Should?

Posted on by

Is Your HR Doing What it Should?

All businesses that employ staff need a way of looking after them. It’s called HR, or Human Resources. Rather than waiting for a problem to arise and then dealing with it, good HR is proactive and preventative. Here’s how to make sure that yours is doing what it should, to protect you and your employees.

    • Have in place well designed policies and procedures that cover all your business needs and eventualities, which ensure every part of your business is operating like a well-oiled machine.
    • Prepare comprehensive job descriptions for every employee and evaluate them regularly.
    • Set objectives and targets to provide focus for all your staff on what you want them to achieve. Have short and long term goals and give your employees regular feedback on how they’re doing.
    • Give praise for work well done – in public, if necessary.
    • Deal with instances of poor performance before they become a major issue.
    • Keep up to date with the latest employment legislation. Always ensure you’re exercising your duty of care towards the welfare and development of your employees.
    • Talk to your employees and keep them informed, engaged and focussed on your strategic goals. Let them have their say and voice their concerns and ideas.
    • Provide opportunities for training and career progression wherever possible.

When you spend time looking after your staff, they will become more engaged and more productive. Use HR proactively and you can build a better workforce and a more profitable business.

Changes to Employment Law – Can You Keep Up?

Posted on by

Changes to Employment Law – Can You Keep Up?

Twice a year, in April and October, changes are made to UK employment law. There’s a lot that you need to know, so to help you keep abreast of the changes, I’m running one of my very popular workshops to discuss and simplify the changes. It will be held on 1 May 2014 and Hennerton Golf Club, Wargrave, Berkshire. Click here to book your place.

Here’s a summary of some of the proposed changes to due to take place this spring:

  • Power of Employment Tribunal to impose Financial Penalties on employers. The Employment Tribunal will have the power to order an employer who has lost a case to pay a financial penalty, to the Secretary of State, of between £100 and £5,000. The penalty will be imposed where the employer has breached any of the worker’s rights. Tribunal Financial Penalties apply from 6 April 2014.
  • Early conciliation to come into force. Before lodging a claim to the Tribunal, all claimants will need to notify Acas first, where conciliation will be offered. If conciliation is unsuccessful within the set period the claimant can proceed to lodge a tribunal claim. This comes into force on 6 May 2014.
  • Statutory maternity, paternity and adoption pay increase. The rate of statutory maternity, paternity and adoption rate will increase to £138.18.

In addition, there is this change, to be brought in by the end of 2014:

Managing sickness absence. A health and work assessment and advisory service is to be introduced, offering fee occupational health assistance for employees, employers and GPs. The service can provide an occupational health assessment after four weeks of sickness absence.

To keep your business fully updated, why not book your place on our workshop? The cost is just £10 +VAT, so to reserve your seat, just click here to book online.

How Do You Manage Absence in Your Business?

Posted on by

How Do You Manage Absence in Your Business?

The cost of absence to your business could be huge. While it’s not always avoidable, you can reduce the cost and impact by managing it effectively. Here are some of the things you need to do:

Monitor it: You won’t have an idea of the problem if you don’t keep a record of the days and dates of absence. You need to know the frequency or length of absence to decide on the next steps.

Reporting absence: You must have rules about reporting absence and you must make sure these are followed.  If you don’t do this everyone will ignore them because they can.

Discuss the problem with your employee: There’s a legal requirement to consult with employees. They need your support and you need to know how to plan their work while they are away and make arrangements for their return.

Getting the payments right: Check the contract of employment to make sure you make the correct payments. As a minimum, employees are entitled to Statutory Sick Pay and they may also be entitled to be paid for holidays.

Return to work interview: These are key tool in deterring absence and making sure that you know what’s going on with your staff. They’re a great opportunity to nip problems in the bud.

Keeping in touch: Contact is vital if an employee is away for a long period. It helps you to provide support to them and at the same time understand how the situation may develop so that you can plan your business.

Phased return to work: This may be required after a long illness and may be suggested by the GP in a fit note.  You should consider these suggestions and discuss them with the employee before you make a decision.

What if you need to dismiss a member of staff due to long term absence? What are the benefits of managing absence? You can find out more from our free fact sheet – download it here.

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.

Dealing with Gross Misconduct – How do You do it?

Posted on by

Gross misconduct is behaviour so bad that it destroys the relationship between you and your employee and it usually results in dismissal. But what exactly can be considered gross misconduct? It’s important to know, so that you can avoid unfair dismissal claims.

Here’s how to identify and manage gross misconduct.

What is gross misconduct?

Gross misconduct is a serious breach of contract and includes any misconduct which, in your opinion, causes serious damage to your business, or irreparably breaks down trust and relationships.

There is no exhaustive list, but it can include theft, physical violence, bullying, damage to property, accessing pornographic sites, damaging your firm’s reputation, inability to work due to alcohol or drugs, breaching health and safety rules, failing to obey instructions, or serious neglect of duty. Repeated minor misconduct, such as being late to work, is not gross misconduct, although it can lead to dismissal after previous unexpired warnings.

Should my staff handbook include examples of gross misconduct?
Include a list of examples of what usually counts as gross misconduct, but state that it is non-exhaustive as you cannot provide for every eventuality. Each case should be looked at individually and consideration should be given to all the circumstances.

What procedure should I go through if someone has committed gross misconduct? When disciplining an employee you should follow your own disciplinary procedure and the Acas Code of Practice. If you don’t follow the Code it may render a dismissal unfair and could increase the amount of compensation an employment tribunal awards against you.

If you believe an employee has committed gross misconduct, you may need to suspend them to allow a full investigation to take place. This won’t be necessary in all cases, but it will usually be appropriate in cases of serious misconduct. If an employee is suspended it should be on full pay.

Carry out a fair and balanced investigation. At the end of it you may decide that no further action is necessary. However, if matters are to be taken further the employee should be invited to a disciplinary hearing where they will be given the opportunity to state their case and respond to the allegations against them. The hearing should then be adjourned for you to make your decision. You should notify the employee of your decision in writing and inform them of their right of appeal.

How can I decide if something counts as gross misconduct or not?  
If you’re unsure, get legal advice. In any case, if an incident is not obviously gross misconduct, it’s always better to go for the lesser sanction than to dismiss someone as such a dismissal may be held unfair. The current maximum compensation for unfair dismissal is £74,200.

If you need any more advice about identifying or dealing with gross misconduct, please do get in touch, to make sure you can avoid and tricky situations.

Can You Serve an Unfair Dismissal Claim While on ‘Garden Leave’?

Posted on by

‘Garden leave’ is a period of time after you’ve been asked to leave your job or you’ve been made redundant, when your employer carries on paying you, but when they don’t want you to continue coming to work. During this time, you’re still employed so you can’t take another job with a different employer.

So can you serve an unfair dismissal claim while on garden leave? Can you appeal against being asked to leave your job?

To serve an unfair dismissal claim, you need to complete the form ET1 to send to the employment tribunal. You can only submit this form after you have been dismissed and worked your notice. ‘Garden leave’ is notice without having to do the work you’re being paid for. If you’re thinking about a tribunal application then you must do this within three months of your termination date. If you’re on ‘garden leave’ then you are still employed, even though you’re not working. This means that if you want to make a claim for unfair dismissal, you can’t do it during a period of garden leave – you have to wait until you actually finish working for that employer and they are no longer paying you.

Your contract of employment will tell you what else you can and can’t do while on garden leave and what your employer will expect from you during that time.

In addition, if you were employed after 6 April 2012, you need to have worked for the company for two years, to be able to claim unfair dismissal. If you started work before 6 April 2012 you have to have completed one year’s service to be able to claim unfair dismissal. (This means that at the time of writing this blog in March 2013, no one will actually be able to claim that they have been unfairly dismissed until 6 April 2014.)

There is more information on all this, including a short video that explains it all, on my website. Click here to watch the video.

Can My Employer Insist I Use My Holiday to do Jury Service?

Posted on by

As an employer, can you insist that your employees use their holiday allowance if they’re asked to do jury service? This was a question I was asked recently, so here is the answer.

An employer can’t insist that holiday is used for jury service, but they must give members of staff time off to complete the jury service. They are not allowed to refuse to give employees time off when summoned.

The employer may think that it is not a good time for that member of staff to be away from the business and on jury service – if there’s a heavy workload in the business, or if a number of other people are on holiday or off sick, leaving the company short staffed. In these cases, the employee can ask for a deferment of the jury service, but their employee will be called again, normally with 12 months. This may allow time to plan their time away from the business and make other arrangements for cover.

How are employees paid while on jury service? The employer does not have to pay their staff while away from the business. While employees will not be paid for jury service, they will be reimbursed subject to a maximum daily amount if absence from work causes them to lose earnings, have to pay a substitute to do their job or incur any other necessary expense, such as a childminder. People called for jury service can also claim travelling expenses, a subsistence allowance for food and drink and for any loss of National Insurance contributions they may have incurred.

As an employee, if you’re called for jury service, you could decide to use your holiday entitlement for the time that you’re away, so that you are paid for the time by your employer, rather than relying on the court subsidy. However, that is a choice you have to make, about whether or not you want to use your holiday entitlement.

I’ve made a short video about this topic ? click here to watch it and learn more about jury service.

Poor Performance – Can You Prove It?

Posted on by

Sometimes as a manager you need to deliver bad news or negative feedback to a member of your staff. You might need to pick them up on an issue of performance that you’re not happy with, or where they are not meeting your standards.

This is not a comfortable thing to do. You need to be quite assertive about it, to be taken seriously – and so that your member of staff doesn’t just argue with you! To help you discuss the issue in the right way, you need evidence of the poor performance. You have to be able to show your team member what they’ve been doing wrong or below standard. Just telling them that they’re not doing what you want them to do, won’t have any impact, if you can’t prove it.

So you need to collect the evidence, so your team member can really understand what they’ve done wrong and how you want them to change. It’s not about collecting evidence just to use against someone – you really need it in order to get the message across and to make a difference.

Is one of your team repeatedly late coming into work? If so, you need a recording system that shows them when they came it late and how often it happens. If your staff clock in and out every day, you have your system. If not, you need to look for another way of recording the time.

Does a member of your staff keep making errors in their work? How many times have they made a mistake and what was the result of it? Again, you need to create a way of recording the error rate and the consequences.

When you can show the proof of poor performance, it is much easier to discuss the issue with the particular member of staff and, between you, work out what needs to be done in order to improve their performance.

We discussed the importance of collecting evidence at one of my interactive workshops. Click here to watch the short video and find out more.

How do you collect evidence of performance issues in your business?

Formal versus Informal Performance Management

Posted on by

There are two sides to performance management that you need to consider with your staff. There is day to day management and there are the more formal processes, which include issues such as appraisals, setting objectives and setting standards.

Formal management

Many managers don’t like carrying out appraisals and they do have a reputation for being difficult to do and timing consuming. Done without any planning they can actually be a waste of time! However, formal, planned appraisals can be of huge benefit to your business and your staff. It gives you the chance to sit down every year with each member of your team and discuss the important issues with them.

Informal management

Don’t neglect your daily and weekly contact with your staff, thinking that you can leave everything to the annual appraisal. Make sure you keep in communication on a regular basis to iron out any issues that might arise. Don’t let minor issues develop into huge problems by ignoring them! Monitor individual and team performance so that you can give feedback at the appropriate time. Keep giving your staff regular praise and recognition for a job well done.

When you can achieve a balance of formal and informal performance management, that best suits you, your team and your business, you’ll be in the best position to create the best performance.

To find out more about formal versus informal performance management and hear me speaking at one of my interactive workshops, click here.

Do you use annual appraisals to improve the performance of your team?

Employee Engagement – Or How to Keep Your Staff Happy

Posted on by

Not everyone goes to work for the money they earn. While some people do only work to earn a living, these days, many people are motivated by things other than just money.

I believe that a more engaged workplace is a more successful workplace. What do I mean by ‘engagement’? Employee engagement can be defined as ‘An employee’s drive to use all their ingenuity and resources for the benefit of the company.’

How do you keep your employees engaged?

If you’re a manager, you need to work on four important factors – motivation (inspiring your team), consideration (recognition and support for team members), care (and understanding of their issues) and conversing (informing and listening to them). Improving each area will lead to better engagement; your staff will be happier and will work harder for you.

If you’re a leader, there are four questions that you need to ask yourself. Do people have faith in me as a leader? Are they inspired by me? Are they excited about the future of the business? How do they perceive my morality? The answers to these questions will show how engaged your team is. If you don’t like the answers you get to these questions, these are the areas that you need to work on, in order to have a more engaged workforce.

What do you do to keep your staff happy? Leave a comment here to share you tips with us.

If you’re not sure how to keep your staff engaged and happy, then come along to the half day workshop I’m running in April 2013 in Reading. Email me if you’d like me to send you the details.