Tag Archives: employee

Unfair Dismissal Claims – Q and A

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Here are some common questions about unfair dismissal and my answers to them.

Q – What is unfair dismissal?

A – Dismissals are classed as ‘automatically unfair’, regardless of the reasonableness, if an employee is exercising their rights related to the following:

  • Pregnancy, including all reasons relating to maternity
  • Family reasons, including parental leave, paternity leave, adoption leave or time off for dependants
  • Representative and trade union membership grounds and union recognition
  • Discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation
  • Pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage.

Q – When is a dismissal fair?

A – Dismissal is normally fair if an employer can show that it is for one of the following reasons:

  • A reason related to an employee’s conduct
  • A reason related to an employee’s capability or qualifications for the job
  • Because of a redundancy
  • Because a statutory duty or restriction prohibited the employment being continued
  • Some other substantial reason of a kind which justifies the dismissal.

Q – How do you dismiss employees?

A – The key points to remember are:

    • Dismissing employees should be the last resort and employers should carry out necessary investigations without unreasonable delay to establish the facts
    • Employers should use a fair and consistent procedure when dismissing employees
    • It’s always best to try to resolve any issues informally first
    • Employees have the right not to be unfairly dismissed
    • Set out in writing your rules and procedures for handling disciplinary procedures
    • Make sure employees and managers understand the rules and procedures for disciplinary issues.

Q – When can an employee make a claim about unfair dismissal?

A – In most circumstances employees will need to qualify before they can make a complaint to an employment tribunal. They need:

  • At least one year’s continuous service for employees in employment before 6th April 2012
  • Two years for employees starting employment on or after 6th April 2012.

Q – How do you avoid costly mistakes?

A – Before thinking about dismissing an employee, stop and think – are you doing the right thing? To make sure that you comply with the law and don’t make any costly mistakes, whether you’re an employee or an employer, get the right advice.

Top Ten Issues Affecting Employee Engagement

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According to a survey carried out by XpertHR in 2011, the top ten issues that affect employee engagement are:

  1. Pay
  2. Quality of line management
  3. Job security
  4. Leadership visibility and confidence
  5. Relationship with manager
  6. Working culture
  7. Internal communications
  8. Organisational change
  9. Workload
  10. Job satisfaction

I’m not sure if these are ranked in any particular order, or the size of the companies that took part in the survey, but the list makes interesting reading.

If you ask your staff how happy they are at work and what is stopping them from being fully engaged, would they list any of these issues? How many of them?

The good news is that you can do something about all these issues – whether you think they’re a problem or not. Work through the list and make sure you’re doing all you can for your employees – giving them top quality line management, strong leadership and effective internal communication. Employee engagement, or keeping your staff happy and motivated, is not just about giving them a pay rise!

You can find out even more about the best way to keep your employees engaged – and thus how to grow your business and your profitability – at my next workshop on 17 April 2013 in Reading. It costs just £20 +VAT and places are limited, so click here to book your place.

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

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‘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.

Employee Engagement – How Do You Get the Best from Your Staff?

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Employee engagement is about making sure your employees are happy at work, so that you can get the most out of them, while they’re at work.

Managers and employers need to remember that not everyone goes to work just to earn money. They go for lots of other reasons. It may be that they have to work and they just need a job, but you should also look to see if your people want more from their employment than that. If employees are engaged in their jobs we know that they’re much more productive, that they’ll do much more for your business, and they’re much more likely to stay with your company and help to develop your business – including your profitability. Studies have shown this!

What do people value at work? They’re the same things that we value in everyday life, such as:
–    Being treated fairly and with respect
–    Being told when we’ve done well and if necessary, when we’ve done badly
–    Wanting to work with people who are good managers and who are successful.

These are key parts to feeling part of an organisation and are what make people willing and able to go the extra mile. If you’re a business owner, you want your staff to think about your business in the same way that you do. This doesn’t just happen – it needs work.

How do you do it? You need to look hard at what you offer your employees so that you can get the best out of them. They need to understand clearly what part their role plays within the organisation – how they fit in and why they’re important to the success of the business.

Good leadership and guidance will motivate your staff to go the extra mile for you. Give them opportunities to improve and develop. Don’t think that training in too expensive or that someone will leave once they’ve had some training and developed new skills. Look for ways of developing your staff with on the job training to give them as sense of achievement.

How else can you motivate your employees to be better? Find out more at the workshop I’m running on 17 April 2013 in Reading. The half day session costs just £10 +VAT (or £15 +VAT if you’re not an FSB member) and you can book online by clicking here. Buffet lunch included!

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

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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.

Keep Your Staff Happy to Grow Your Business

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When your employees are engaged with your business, you have a much greater chance to grow a profitable business and keep your customers satisfied.

So what makes an engaged employee? How does their engagement affect your business? How can you achieve engagement with your staff?

As an employer you need to create the right environment to allow engagement to flourish in your workforce. To help you get the basics in place, here are four steps to follow:

1. Create a strategic story – Where are you? Where have you been? Where are you going? As a business owner you probably know this, but do your employees feel part of that story? If they know the story, it lets them see how the work they do fits in with the business’s goals. This isn’t something you can simply put on a poster on the wall to get buy in. You need to repeat the story over and over again to employees and give them a sense of ownership in it. If your story is on the wall, ask your staff to add to it; create a timeline of diagrams, new solutions and innovations leading to your company’s goals. Create a buzz and encourage people to share their ideas, so they can see how their achievements fit into your company’s ‘big picture’.

2. Engage managers – If you try to engage your staff without first engaging your managers you may get limited results. Many employees’ motivation and engagement will depend on how they feel towards their bosses. If those managers are not engaged themselves, where’s the motivation to engage their people? Engaged managers focus their people and enable them to get the job done, treat their team members as individuals and coach and stretch them. When your managers build bigger relationships with people as individuals, those workers will make bigger contributions.

3. Give employees a voice – Listening is a key part in giving employees a voice but it doesn’t stop at the 360-degree survey. A survey might tell you how people are feeling at a certain point in time but it doesn’t tell you why they are feeling like that. Members of staff have insights into why and where things are going wrong. Somebody knows before the event that something is going to go wrong. If they know that they can speak up and be listened to, the problem can be pointed out before it becomes a disaster.

Employees who are able to speak up will share the good as well as the bad. If they feel that their ideas are listened to, they’ll share them, which will increase their engagement in their work.

4. Make sure there is organisational integrity – This means avoiding the “do as I say, not as I do” mentality. If your company’s values are not reflected in the day-to-day behaviours of managers or colleagues, then it will be seen as a corporate spin exercise and will not be trusted by employees. When your values are aligned between staff and managers, then trust is created and so is engagement.

Different companies will need to create different engagement programmes, but if you follow these four steps, you’ll be able to create a strong foundation for any efforts you make to increase employee engagement and develop your business.

Are your employees engaged? Are they giving their all to your business? If they’re not, then come to our workshop on 17 April 2013 in Reading. During the workshop, from 9.30am – 12.30pm, we will look at key ways to improve engagement of your employee, in order toincrease profitability, efficiency and achieve faster growth, and improve attendance, retention and job satisfaction

It is being held at Symantec, Green Park, Reading and costs just £20 +VAT to attend. To book your place online, click here and scroll through the list of events to 17 April 2013.

Poor Performance – Can You Prove It?

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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?

Are You Up To Date with Recent Legal Changes in HR?

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The law is always changing around people issues. To help you keep up to date, here are a few of the recent and forthcoming changes that you need to be aware of.

1. Statutory benefit increases – standard rates for statutory maternity pay, paternity pay and adoption pay will increase with effect from 7 April 2013 to £136.78. Statutory sick pay will increase with effect from 6 April 2013 to £86.70.

2. Compensation limits – annual rises for compensation limits have been announced for all dismissals which take effect from 1 February 2013. The cap on a week’s pay rises to £450 and the maximum unfair dismissal basic award rises to £13,500. The maximum compensatory award rises to £74,200.

3. Sickness benefits – from December 2012, people on sickness benefits are being offered work experience to help them back into a job. Short periods of work experience at an appropriate employer will help people with limited employment history get a flavour of the workplace environment, gain new skills and boost their confidence. People who fail to carry out any agreed work related activity without good reason may face sanctions.

4. Fuel rates and car allowances – HMRC has published new advisory fuel rates for company cars with effect from 1 December 2012. The rates are to be used only where employers either reimburse employees for business travel in their company cars, or require employees to repay the cost of fuel used for private travel. The next review will be 1 March 2013.

5. Criminal record checks – the Home Office has announced a new service whereby employees and volunteers requiring criminal records checks will be able to make one application and have access to an online certificate check rather than have to make new applications for each job they apply for.  The service will be free for volunteers.  The new system will be launched by the disclosure and barring services on 1 March 2013.

If you need to know more about any of these changes and how they affect your particular business, leave a comment here, email me your question or pick up the phone and we can talk about it.

Formal versus Informal Performance Management

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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

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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.