Tag Archives: hr policies

How Should Employers Deal with Employees Who Follow Sporting Events on the Internet at Work?

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Different employers take differing approaches to internet usage that is not work related. Some employers prohibit personal use of their internet facilities, while others allow employees to access the internet at work for personal use provided that usage is kept to a minimum, or only used during breaks.

It’s been found that allowing a reasonable amount of internet usage helps to improve staff wellbeing, especially during times of major sporting events. By allowing the viewing of sporting events, such as the World Cup or the Olympics, not only do you lessen the chances of absenteeism, but you also gain a huge amount of goodwill from your employees. Morale is improved, and because of that, productivity is, too.

Flexible Approach

Allowing a flexible timetable to accommodate both the production needs of your business and the viewing times of the matches or games is a good starting point. Having clear boundaries put in place from the start helps everyone know what they should be doing, which may well mean working outside of their normal hours in order to achieve their work targets.

Steps for a successful sporting season without any adverse effects to business could include:

• Providing a television in a separate room for sporting events, especially if personal use of the internet is usually prohibited
• Allowing the use of radios while working, but check that they will not disrupt others who are not keen sports fans, and that they are not intrusive or disruptive in your customer facing areas
• Allowing staff with internet access to watch or follow events online at specific times. To help, ensure you have a clear Internet Policy that is regularly communicated to everyone
• Flexibility with employees’ working hours – allow them to start or finish earlier or later, and consider flexitime
• If many people are asking to take annual leave, manage this carefully so that you don’t have too many people off at once, which could affect productivity
• If you have a diverse workforce, it’s important to allow people to support their nationality
• And finally, make sure that employers who are not interested in sport do not end up doing more work than those who are taking time off to watch the events.

Internet Policy

It is advisable to adopt an Internet policy that clarifies your approach to employees’ personal use of the internet, and to specify what is permitted in terms of time spent and the types of site that may be visited. For instance, you may not want certain social media sites such as Facebook to be accessed, or dating sites, and so on. In the run-up to major sporting events, remind employees of your rules in relation to internet use.

It is also worth considering clarifying your rules on the use of personal mobile devices for watching matches during working hours. This should be incorporated into your Internet Policy and regularly communicated, especially in advance of any major sporting events.

Breaching the Rules

It is fair to say that most loyal, happy employees do not abuse internet use. However, there can be a small percentage that do.

Where an employee breaches your rules by accessing the internet to follow sporting events where personal use is not permitted, or where he or she spends an excessive amount of work time following the events, you should address the matter as soon as it comes to light. If the offence is minor (for example, a one-off breach of the internet policy), it may be sufficient to raise the matter informally with the employee. However, serious or persistent offenders should be dealt with under your disciplinary procedure.

In fact, any form of excessive internet use at work ¬– whether reading sports coverage, researching holiday destinations or visiting shopping sites – should be dealt with in a consistent way, to help avoid allegations of unfair or discriminatory treatment.

You may benefit from some further tips on allowing employees to watch live sporting events at work from this enjoyable article published by HR Magazine.

If you would like some specific guidance on allowing your employees to watch live sporting events, or creating an Internet policy, do call me on 0118 940 3032 or click here to email me.

How Do You Decide on an Appropriate Disciplinary Penalty?

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When you are considering what sanction to impose under a disciplinary procedure, as an employer you must ensure that your decision is fair and reasonable in all the circumstances.

If the decision does not meet this test, you may be exposed to a claim for unfair dismissal if your employee is dismissed; or a claim for constructive unfair dismissal if your employee resigns in response to the sanction applied.

Once you have reached the decision that an act of misconduct has taken place, there are a number of factors that will influence the next decision as to which sanction it should apply. When considering which penalty would be appropriate in the circumstances, you should take into account the nature of the act of misconduct, the seriousness of its consequences and whether or not the misconduct has occurred repeatedly or is a one-off incident.

Verbal Warning

A verbal warning would be appropriate when dealing with the first occasion of minor misconduct, such as lateness, sub-standard work, appearance/a failure to comply with the dress code, a failure to follow the requirements of the sickness absence reporting procedure or excessive personal use of your email, telephone or internet systems.

First Written Warning

A first written warning is appropriate where further instances of minor misconduct occur after a verbal warning is given, or when you are dealing with the first instance of more serious misconduct, such as:

  • unauthorised absence
  • a failure to carry out a reasonable instruction
  • inappropriate behaviour towards a colleague or customer
  • breaches of the your policies and processes, such as minor infractions of the health and safety policy, or breaches of the email and internet policy or
  • misuse of company property or equipment.

Final Written Warning

A final written warning should be issued for persistent acts of misconduct where you have already issued the employee with warnings or for a very serious act of misconduct that falls short of gross misconduct, for example:

  • persistent lateness
  • further breaches of the your policies and procedures following a written warning
  • persistent unauthorised absence or
  • serious breaches of health and safety rules, even if the incident is a one-off event.

Dismissal with Notice

The ultimate sanction for misconduct or poor performance is dismissal. When taking the decision to dismiss, you must demonstrate that dismissal in the particular circumstances falls within the ‘band of reasonable responses’. This means that you must demonstrate that a ‘reasonable’ employer could have reached the same decision.

Dismissal with notice is likely to be appropriate where a final written warning has been issued for misconduct or poor performance and further acts of misconduct take place or performance does not improve. The final act of misconduct may not be sufficient on its own to amount to gross misconduct, but would justify dismissal when taken together with earlier acts and a failure by the employee to improve or modify his or her conduct.

Dismissal without Notice

In most cases dismissal for a first offence will be appropriate only where the conduct amounts to gross misconduct. Gross misconduct can also justify dismissal without notice. Gross misconduct will arise where the act is so serious that the employment relationship between you and your employee has been irreparably damaged. You should consider carefully whether or not there has been a genuine breakdown in the trust and confidence between the company and the employee. Such a breakdown might occur where you can no longer have confidence that your employee will carry out their duties with honesty and integrity or will perform their role without causing loss or damage to customers or the company. Whether or not a specific act amounts to gross misconduct will depend on the circumstances of the case, including the nature of the employer’s business. Examples of gross misconduct include:

  • fighting or physically threatening behaviour
  • insubordination (a single act is unlikely to be gross misconduct but dismissal may be justified if, for example, the act is accompanied by offensive language)
  • discriminatory conduct, for example racially offensive language
  • theft or fraud
  • acts of dishonesty, for example falsifying time sheets or
  • a breach of the employer’s drug and alcohol policy.

Your Disciplinary Policy

Your staff handbook or disciplinary procedure should list acts that will be regarded as gross misconduct, but it should explain that employees can also be summarily dismissed for something that is not on the list, if this is reasonable in the circumstances. Where disciplinary rules have made it clear that particular conduct will lead to dismissal, it is more likely that the dismissal will be fair.

When did you last check your staff handbook and disciplinary procedure? If they are not fully up to date, get in touch to see what needs to be done to update them. If you have any questions about disciplining or dismissing an employee, call me 0118 940 3032 or click here to email me.

How Do You Handle Winter Staff Sickness?

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After a few months of cold winter weather and numerous ‘bugs’ going around the office, you might be wondering how best to handle winter staff sickness issues and how to keep your business running at full capacity. This blog will give you some tips on how to do this, until the better spring weather arrives.

How are you and your staff coping with the winter weather and the cold and flu bugs that always do the rounds at this time of year? Many people will need a bit of time off at some point during the year, to recover from an illness, so what are the benefits of managing absence in a proactive way?

Both long and short term absences can cost a huge amount – both financially and in terms of manpower. It’s never an easy conversation to have with your employees and it can be difficult to keep up with what action you can take, to keep within the law. The bottom line is this – do nothing and the problem won’t go away, but it could get worse. Finding out early on what’s going on with an employee who is absent can make a significant difference to your relationship with them and to their absence levels in the future. Talking to them allows you to get to the root of the problem and to provide them with the support that they need. By focusing on the absence it may also deter casual absenteeism – too many days off here and there.

Dealing with Short Term Absence

You should have a procedure in place that requires your employees to talk to a named person, rather than leaving a message, when reporting their absence. There should also be guidance on how soon after the start of the working day an employee should contact that named person, if they are too ill to come into work. A standard form should then be completed recording the date, time, reason given and predicted time of absence, to make sure the relevant facts are gathered consistently for each absence. If an employee does not turn up for work and does not report in sick, you should contact them by phone as soon as you can, to find out where they are.

Discussing the problem is essential; especially if one of your employees keeps taking days off for sickness. Maybe there is a work issue which you can help them deal with and solve. Providing the support they need will result in an improved working relationship, better morale and less time off sick.

You should always speak to the member of staff when they return to work, irrespective of how long they’ve been away. It shows you’re taking the situation seriously and acts as a deterrent for people who shouldn’t really be taking time off. Asking how someone is feeling after they’ve been off for even one day also shows that you care about them. Keep the conversation informal but take it seriously. Ensure confidentiality, have a clear structure, record what is said and above all, remain positive and supportive. You can ask them if they visited their GP, how they are feeling now and if there anything you can do to support them. Just remember not to ask any intrusive medical questions!

Communicating with your employees improves productivity and decreases absence, so follow these simple guidelines when dealing with short term sick leave.

There is plenty more advice on the Acas website, with guidance as to what to do when any of your employees take time off for being ill this winter. You can find the information here.

Are You Up To Date with What You Can Ask an Employee?

Book you place on our next Employment Law Update workshop.

There are certain questions that you cannot ask an employee who has been off sick. What’s more, what you can ask and the rules on how to handle the situation change from time to time, as changes are made to Employment Law. You can search the internet and HR publications for news on all the latest changes, which will be happening on 1 April 2017, but do you really have the time?

Twice a year we run interactive workshops that bring you details of all the changes to the law that you need to know about. We do the research so that you don’t have to! Our next workshop will be from 10am – 1pm on 30 March 2017 at Hennerton Golf Club in Wargrave, Berkshire. Before the event we will do the digging to find out about all the important legal changes that might affect your business and your employees. Then we deliver them to you in simple sections throughout the workshop, helping you to understand what you need to do about particular changes.

The workshop costs just £20 +VAT, to include plenty of tea and coffee to keep you going through the morning. You can ask any questions you have in total confidentiality and talk to the other participants about how they will be handling the next round of changes.

Click here to reserve your place now.

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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How Will the Apprenticeship Levy Affect Employers?

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The apprenticeship levy, which the Government hopes will help create three million new apprentices by 2020, is due to come into force in 2017, with a view to creating millions of apprenticeships across the UK. The levy is expected to raise an estimated £3 billion by the end of this Parliament.

If your business has an annual payroll cost of less than £3 million, then you will not be required to pay the levy. If you have more than this, however, there will be a 0.5% tax on your payroll bill, which will be paid through PAYE.

The Government estimates that approximately 22,000 organisations will be required to pay the levy. Many smaller employers will be impacted as well as the large companies, as a workforce of 100 people and an average salary of just over £30,000 will take businesses over the threshold.

Employers that do not pay the levy will still be able to access government support for apprenticeships through the Digital Apprenticeship Service (DAS). Employers in England that pay the levy and provide apprenticeship training will receive a ‘top-up’ to a digital account. The training must be provided through an accredited provider and, at this point, it is presumed that HRMC will be responsible for enforcing the payment from the employer and ensuring payment to the training provider.

Some employers have voiced concerns over how funding will be distributed, as each course will need different periods of training time and different evaluation methods. For example, an apprenticeship in engineering may need 12 months, while some apprenticeships in sectors such as retail may need less time.

Potentially, it will be difficult to make a one-size-fits-all scheme translate into meaningful and empowering apprenticeships that benefit both employer and employee.

How Can You Use the Apprenticeship Levy?

Consider the areas in your business where training is most needed, to ensure that the apprenticeship levy works in favour of your organisation. It is possible that many employers will not recoup the levy that they pay, and will therefore simply see it as another employment tax.

What Should Employers Do to Prepare?

One of the key parts of preparation for employers is ensuring that you have the financial capability to pay the levy.

Start to think more broadly than the immediate view of an ‘apprenticeship’ as something for young starters. Consider what training your business has put off because of the possible cost, and ascertain what could be done as an apprenticeship so that you can get the best value.

If you’re not sure how best to prepare for the Apprenticeship Levy, or you’d like some advice taking on an apprentice, contact us by calling 0118 940 3032 or emailing sueferguson@optionshr.co.uk.

8 Things Every Employer Should Know about References

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It is common practice for employers to provide references for employees and ex-employees, but there are risks involved. Here are eight things you need to know before you give anyone a reference.

  1. No legal duty to provide a reference. There is no obligation on you to provide a reference for an employee or ex-employee, unless there is a term in the contract which provides for this. This is irrespective of whether the request for the reference comes from the employee, a prospective employer or any other third party such as a bank or landlord.
  1. References must be true, accurate and fair. You have duties towards the subject and the recipient of the reference. You must take reasonable care to ensure that the information in the reference is true, accurate and fair, and does not give a misleading impression. If you fail to take such care, you could be sued for negligent misstatement and ordered to pay compensation. As an employer you must ensure that any reference you give, or any reason for refusing to give a reference, is not discriminatory and does not amount to victimisation. Employers can be liable for discrimination against a former employee even if it occurs after the employment has ended.
  1. Policy on giving references. It is good practice for employers to have a written policy on providing references. The policy should set out when a reference will be provided, who within the organisation may provide references and what information the reference should include. Many employers have a policy of providing a standard reference including only limited information, for example dates of employment and positions held. This limits exposure to claims.
  1. Settlement agreements. When you receive a reference request, you should check if there is a settlement agreement in place relating to the particular individual. Settlement agreements often contain the wording of an agreed reference, which the employer agrees to provide in respect of any reference requests made regarding the individual. There is more here on Settlement Agreements in one of our previous blogs.
  1. Employee consent to reference. In writing a reference, you are likely to have to process the employee’s or ex-employee’s personal data, as regulated by the Data Protection Act 1998. You need to check that the individual has consented to a reference being provided.
  1. Sickness absence. You must get explicit consent from the individual if you are providing sensitive personal data, such as physical or mental health information. Revealing the number of days an employee has been absent, but not the reasons for the absences, will not require explicit consent. However, this does run the risk of disability discrimination.
  1. Disclaimer of liability. Employers often include a disclaimer of liability arising from errors, omissions or inaccuracies in the information provided in a reference. The circumstances in which a disclaimer will be effective are limited. However, it is still worth you including one.
  1. Sending the reference. A written reference should be addressed to the named individual who has requested it and marked “Strictly private and confidential” and “To be opened by the addressee only”.

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.

Staff Accuse B&Q of Using the National Living Wage as an ‘Excuse’ to Cut Pay and Benefits

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Employers are being warned to avoid kneejerk moves when introducing measures to offset increased wage costs.

A petition drafted by a B&Q manager, accusing the DIY retailer of slashing employee benefits in an effort to offset the costs of the national living wage (NLW), has so far attracted more than 120,000 signatures. As an employer you could face a similar negative reaction if you attempt to alter terms and conditions as a result of the law to increase salaries for your lowest paid staff. The £7.20 an hour wage came into force on Friday 1 April.

As part of the change, the B&Q employees say that the retailer has suggested time-and-a-half pay for working Sundays and double time for working bank holidays; a restructuring of allowances for employees working in parts of the UK where the cost of living is higher; and the removal of a summer and winter bonus, which equates to 6% of annual salary.

The petition says that B&Q staff are required to accept the new terms and conditions of employment, or face losing their job.

“Big businesses like B&Q are using the NLW as an excuse to cut overall pay and rewards for the people who need it the most,” the petition reads.

B&Q denies that the changes to terms and conditions are as a result of the NLW, stating that a review of its pay and reward framework was launched “long before” the new wage was announced.

A B&Q spokesman said: “Our aim is to reward all of our people fairly so that employees who are doing the same job receive the same pay. That isn’t the case at the moment, as some have been benefitting from allowances for a long time when others have not, and that can’t continue.”

A survey from the Federation of Small Business found that 54% of SMEs believe they have been negatively impacted by the 50p an hour increase in pay, and will put off hiring new staff as a result. 41% will cut staff hours, while 26% plan to erode pay differentials by freezing or cutting the wages of higher paid staff.

According to analysis by the FT, employers are actively are actively considering increasing the number of self-employed individuals or apprentices – all of whom are exempt from the NLW – in their staffing mix.

But Esther Smith, employment partner at UK law firm TLT, warned that this could leave employers open to discrimination claims.

“Employers may, consciously or unconsciously, look to employ younger people to avoid the higher wage costs.  Also, if they operate zero hours’ contracts, they may elect to offer less work to those people over 25,” she said. “Both of these actions would expose the employer to age discrimination claims.”

Before you make any major decisions which could affect your business and your employees, get in touch by contacting us on 0118 940 3032 or emailing sueferguson@optionshr.co.uk.