Tag Archives: behaviour

Handling Difficult Conversations – Part Two

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In a previous blog post we wrote about the first couple of steps that you can take, when preparing to handle a difficult conversation with a member of your staff. Here are the next steps for you to follow.

3. Listening

Taking the time to listen will also help you to gather useful information about the issue. You should prepare questions but must let the employee explain or react in his or her own time.

Dos and don’ts

  • Do ask for the individual’s view, as this could help to find an appropriate solution to the issue
  • Do use open questions such as “what is your view on that?”
  • Do listen to and acknowledge the employee’s point of view
  • Do appreciate the value of silence. This allows the individual time to gather his or her thoughts
  • Do ask if you have not understood what has been said
  • Do summarise the main points of what the employee has said. This is useful as it shows that you have listened, helps to consolidate your thoughts and helps you to decide where the conversation should go next
  • Do check that the employee has understood what you have said
  • Don’t jump in while the individual is speaking
  • Don’t answer questions that you have put to the employee to answer
  • Don’t ask multiple questions as this can come across as intimidating and prevent the employee from giving a useful answer.

4. Explore the Issues

During the conversation, you and your employee should explore the issue together. If you explore the issue as a whole, including the reasons why it arose, this will increase the chances that the conversation will be successful. Exploring the issue could also help you to find out more about the individual, the team and the organisation.

The issue can be explored in a number of ways:

You can use probing questions to understand or clarify what the employee has said, for example “tell me more about that.”

You might ask rather than tell. You could ask the employee what he or she sees as the ideal outcome of the conversation and how this might be achieved, as well as how others might respond to this.

You can discuss the pros and cons of the different options with the employee.

5. Agree Action

Having ascertained the ideal outcome of the conversation, you and your employee need to agree how it can be achieved.

You need to agree the way forward together. This encourages joint ownership of the issue, which helps the employee to treat it seriously and take responsibility for resolving it.

Brainstorming will help the employee feel involved and is an easy way of comparing the positives and negatives of different solutions.

If the issue requires action, you should both agree a deadline. Scheduling a date by which the action must be completed helps to focus minds. This could be coupled with the date for the next meeting to review the situation.

If the employee needs to improve, you should both agree how development or progress will be measured.

The employee may need support from you to resolve the issue and you need to take this into account.

Once it has been agreed what the employee is going to do, you should ask them to summarise this, which ensures that they have fully understood what is required and by when.

You should end the meeting by explaining that you want the individual to succeed.

When you have a difficult conversation to handle with an employee, don’t put it off. Spend time preparing for it and you will be able to get the best outcome for both you and you member of staff.

Handling Difficult Conversations – Part One

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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

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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

How Do You Deal with Harassment at Work?

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Harassment can be physical, verbal or non-verbal and a wide range of different types of behaviour at work may potentially be perceived as harassment. This blog gives some examples of behaviour that could be perceived as harassment.

Sex-related harassment:

  • Telling jokes about women
  • Making derogatory sexist remarks
  • The display of sexually explicit material on computer screens or in calendars
  • Leering at a woman in a manner that is overtly sexual
  • Physically touching someone in a sexual manner where such conduct is not welcome
  • Remarks, banter or jokes of a sexual nature
  • Making sexual suggestions or persisting with sexual advances after it has been made clear that such approaches are unwelcome.

Racial harassment:

  • Calling someone a nickname linked to his or her skin colour or nationality
  • Remarks, banter or jokes about people from different racial backgrounds.

Disability harassment:

  • Using insulting terminology when referring to a disabled colleague
  • Excessive staring, for example at someone with a facial disfigurement
  • Mimicking a disabled colleague’s mannerisms or speech.

Religious harassment:

  • Remarks, banter or jokes about particular religious beliefs or religious practices
  • Derogatory remarks made about a particular item of clothing or jewellery worn by someone as a symbol of his or her religion.

Sexual orientation harassment:

  • Deliberate isolation of someone on grounds of his or her sexuality or perceived sexuality
  • Deliberately behaving in an effeminate manner in the presence of someone who is gay
  • Calling someone a nickname based on his or her sexuality or perceived sexuality.

Age harassment:

  • Banter and jokes that make fun of older people or demean their abilities
  • Calling someone a name linked to his or her age
  • Ignoring someone, or treating his or her views as worthless, just because he or she is younger or older than other employees.

Guarding against offensive jokes, banter and remarks

General banter linked to sex, race, religion, sexual orientation or age is the most common form of harassment in employment. You should make sure that you properly brief all your staff as to the types of conduct and speech that might cause offence to others and make it clear that such behaviour will be unacceptable.

If you’re concerned about harassment within your company – and you need someone to speak to about it, call me now on 0118 940 3032 or click here to email me.

Managing the Malingerer

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Managing sickness absence is always difficult and dealing with someone who you suspect is not genuinely ill has always been trickier. You might have seen it happen and had your suspicions, but how to you prove that the sickness was not genuine? It’s not easy, so here are some suggestions to help you.

Step 1: Identify and assess potential evidence

The first step is to identify and record available evidence to support your suspicions.

If you have evidence that one of your employees is being dishonest by claiming to be off sick when he or she is not, you may be able to discipline them or even dismiss them for misconduct.

Mere suspicions and rumours will not be enough to show misconduct. However, social media has the potential to provide a good source of possible evidence. If you are presented with evidence from social media, perhaps from another employee, you can use it in the same way as you would any other anecdotal evidence or an employee tip-off.

The credibility of the evidence retrieved from social media will need to be tested in the usual way. Has the information been taken out of context and are the dates of posting accurate?

There is debate over whether social media posts are in the public domain or private, in which case, your employee could argue that this breaches their right to privacy. However, interference with the right to privacy can be objectively justified and might be permissible if you have reasonable grounds to believe that your employee is fraudulently claiming sick pay.

In general, as an employer, you should be able to rely on such evidence, but each case would need to be assessed on its own merits and ‘fishing’ exercises are never advisable.

Step 2: Review the evidence

If your evidence of malingering looks robust and credible then you should be able to start a disciplinary process for misconduct.

A lack of evidence of dishonesty does not mean that you cannot challenge an employee you suspect is not really as ill as they claim. People will often continue to take unwarranted time off where they believe their absences are passing unnoticed.

You can address this by ensuring that return-to-work interviews are carried out following each occasion of absence and encourage your line managers to probe further (or push for medical evidence) if faced with evasive or inadequate answers.

Step 3: Give evidence of misconduct

If you believe you have evidence of dishonest behaviour, it is important not to jump to conclusions. Remember that employees do not have to be bed-bound, or even at home, in order to be unfit for work.

An employee posting pictures of himself on holiday or doing sport or other leisure activities may still be genuinely unwell. Many health conditions do not improve as a result of lying in bed. It is still important to carry out an investigation, as you would for any other allegation of misconduct.

How do you spot malingerers?

Some of the signs include patterns of absence, such as the same day each week; triggers for absence, such as being invited to a disciplinary meeting; reluctance to provide medical evidence or attend appointments; posts on social media; tip-offs from colleagues and reports of activities that seem inconsistent with ill-health, such as undertaking other work or going on holiday.

Step 4: Remember to follow your procedures

Before disciplining or dismissing the malingering employee for misconduct, you must follow your own procedures and the Acas ‘Code on discipline and grievance’, as you would do in any other disciplinary scenario.

You will need to put the evidence to the individual, hear their explanation and consider if that explanation requires further investigation and medical evidence may be needed.

You must also consider the individual circumstances of the case and any mitigating points, such as length of service and previous disciplinary history, as well as how similar cases have been dealt with in the past.

Make sure you follow this process any time you are unsure of how ill an employee really is. If in doubt about how to handle such a situation, contact us by calling 0118 940 3032 or clicking here to email us and we’ll help you through it.

The 12 Days of Christmas

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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!

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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.

Is it Cheaper to Look After Your Staff or Cheaper to Replace Them When They Leave?

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How can the loss of key staff members be prevented when so many employers are not interested in managing retention?

Many employers don’t attempt to manage retention of their staff. Those that do so seldom evaluate the impact of their measures, and often base them on unreliable assumptions about the reasons why employees resign.

Several research studies have shown that retention is linked to employee engagement, which in turn is linked to profitability, customer service and other important business metrics. So is it better to focus on improving engagement, rather than retention. Or should you not worry and just bear the cost of replacing people when they leave?

Despite all the evidence that staff attrition costs money, many businesses take no active steps to control their staff turnover. Research has shown that action is most likely to be taken after the event: when turnover has already become a problem and damage is being done to organisational efficiency.

Studies also consistently show that employers tend to mishandle their efforts to manage retention, focusing on issues that they believe are linked to resignations rather than those that actually motivate staff to leave. Pay in particular is often used to encourage employees to stay, yet it is much less of a deciding factor in employees’ own decision-making than being offered career opportunities, being kept informed and consulted and having faith in the business’s leadership.

What is ‘employee engagement’?

It embraces the older concepts of job satisfaction, motivation and attachment that described individual employees’ attitudes to their employer, but goes beyond them to provide a complete model of the psychological relationship between individuals and organisations. It is a two-way process in which employers and employees interact and respond to each other, unlike the more static concept of job satisfaction.

Employee engagement involves two issues:

  • personal satisfaction in the individual’s job or role (“I like my work and do it well”); and
  • the individual’s contribution to their employer’s success (“I help achieve the goals of my organisation”).

Staff retention can be used as a measure of employee engagement, with many companies now believing that employee engagement is one of the keys to managing performance and retaining talent. Initiatives to improve employee engagement are much more likely to gain the interest and active support of senior management than those focused narrowly on increasing staff retention. Employee engagement has much broader business benefits, including:

  • increased profitability
  • faster revenue growth
  • improved organisational efficiency
  • better attendance levels
  • heightened customer focus.

Look after your staff and they are more likely to look after you and the future of your business. If you need some advice or ideas on employee engagement, email us at sueferguson@optionshr.co.uk or call 0118 940 3032.

Top Five Employment Law Cases in 2016 (So Far!)

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Here are the top five employment law cases of 2016 so far, some of which have fairly far reaching implications.

Commission and holiday pay – Lock and another v British Gas Trading Ltd (No.2) (EAT)

This Employment Appeal Tribunal (EAT) agreed with the employment tribunal that the Working Time Regulations 1998 can be interpreted to require employers to include a worker’s commission payments in the calculation of his or her holiday pay.

The case went to the Court of Appeal and was heard on 11 July 2016. The Court of Appeal judgment is awaited.

Childcare vouchers during maternity leave – Peninsula Business Services Ltd v Donaldson (EAT)

HM Revenue & Customs (HMRC) advice has traditionally been that it is unlawful for an employer to make the suspension of childcare vouchers scheme membership during maternity leave a prerequisite of joining.

Official HMRC guidance stated that “non-cash benefits, such as childcare vouchers that can be used only by the employee and are not transferable…must continue to be provided during ordinary maternity leave and additional maternity leave”.

Peninsula’s childcare vouchers scheme was the subject of a legal challenge because its scheme requires employees to agree to suspend their membership during maternity leave.

An employment tribunal decision that Peninsula’s childcare vouchers scheme was discriminatory was overturned by the EAT. The EAT found that employers that make deductions from an employee’s salary in return for childcare vouchers do not have to continue to provide the vouchers during maternity leave.

Monitoring employees’ social media – Barbulescu v Romania (ECHR)

In this Romanian case, the European Court of Human Rights (ECHR) examined the scope of employees’ right to a private life in relation to social media activity.

An engineer who was dismissed for using Yahoo Messenger to chat with his family, as well as professional contacts, challenged his employer’s actions as a breach of the European Convention on Human Rights.

However, the ECHR held that the employer’s actions were justified because it was seeking to verify that the employee was using his work computer and social media account for work purposes only.

This case will now go to the ECHR’s Grand Chamber. The hearing is scheduled to take place on 30 November 2016.

Misconduct dismissal for “pulling a sickie” – Metroline West Ltd v Ajaj (EAT)

The EAT affirmed that an employee who makes up, or exaggerates the effects of, an injury or illness to take fraudulent sick leave is fundamentally breaching the implied term of trust and confidence and can be dismissed for misconduct.

This case reiterates for employers that “pulling a sickie” is a misconduct, rather than a capability, issue. This means that a dismissal for fraudulent sick leave must be based on reasonable grounds, following a reasonable investigation.

Reasonable adjustments for disabled people – Carreras v United First Partners Research (EAT)

When considering the duty to make reasonable adjustments, employers need to pay particular attention to disabled workers’ hours of work.

In this case, the disabled employee believed that he was disadvantaged because there was an expectation in his workplace that employees work late, even though there was no strict requirement to do so.

In upholding the reasonable adjustments claim, the EAT held that working late does not have to be presented as an instruction to cause a disadvantage.

In practice, workplaces can put pressure on employees to conform, even if there is no written rule or direct management instruction.

If you think any of these issues could affect your business, do get in touch with us. Call us on 0118 940 3032 or email sueferguson@optionshr.co.uk.

On 18 October 2016 we’ll be running our next Employment Law Update workshop, to bring you right up to speed on any changes that might affect your business. You can book your place online here.

 

Source: XpertHR

How Do You Handle Unauthorised Absence from Work?

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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.