Tag Archives: hr policies

Changes to Employment Law – Can You Keep Up?

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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?

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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.

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

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

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

Step 6: Agree a performance improvement plan

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

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

Step 7: Follow-up meeting

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

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

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

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

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

Getting Started with Performance Appraisals Part 2

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

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

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

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

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

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

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

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

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

What Do Employees Want from Appraisals?

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Many people have had bad experiences of appraisals, so many employers don’t enjoy carrying them out. However, for your business and your staff to progress, some form of regular appraisal is essential.

If you put yourself in the shoes of your members of staff, you can both get more from your time together. There are five things that your employees need to know at their appraisal:

  • Tell me what’s expected of me – talk to me about goals and expectations so that I can work towards them.
  • Give me the opportunity to perform – give me the chance to take responsibility and let me show you how good I am.
  • Tell me how I’m getting on – if you like what I’m doing, tell me; if you’re concerned about my progress, I need to know that too.
  • Give me support guidance and development – help me to grow and develop by giving me what I need to reach my goals.
  • Recognise my contribution – say thank you to show that you’re grateful for all the hard work I put in.

When you can meet these five needs, you’ll be able to carry out a much more effective appraisal, both for you and your employees. On 11 September I’m running a short workshop to help you carry them out even more smoothly. To book your place online, click here.

Legal HR Update July 2013

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

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

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

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

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

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

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

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

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

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

Dealing with Gross Misconduct – How do You do it?

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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.

How Can I Sack Someone Legally?

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This is a question I’ve been asked recently. It’s easy to fire someone, but not so easy to do it without getting into trouble, so here are some tips for sacking staff legally.

1. When you fire an employee, remember the three essential steps

First, invite the employee to a meeting with you. Make sure they realise it’s a disciplinary meeting, not a chat about the weather. Second, let them have their say. Take notes and record how long it lasts so you can prove it wasn’t rushed. Third, ask a senior manager to review your initial decision – you need an impartial opinion. If you fail to follow any of these steps, the dismissal is unfair and could go to a tribunal.

2. Fire employees consistently

Last year, you discovered that someone in your sales department had been colluding with a rival. You gave him a warning. A few months ago, you found out that another salesman was doing the same thing. You sacked her. Watch out – if you behave inconsistently, you won’t have a leg to stand on in court.

3. Take your time and don’t rush into firing anyone

Don’t ambush a member of staff with an allegation and fire them on the spot. Notice of a disciplinary hearing must be given at least 24 hours before the meeting.

4. Be wary of sexual discrimination

Dismissing or demoting a pregnant employee (or woman on maternity leave) can lead to problems. It can be considered as sexual discrimination, even if you believe you have a strong case for sacking her. Make sure you get the legal issues right.

5. – and other minority groups

Regardless of length of service, i’?s unlawful to dismiss an employee on these grounds: sex or marital status; colour; race; nationality or ethnic origins; physical or mental disability; sexual orientation; religion.

6. Record everything

Companies get into legal hot water by forgetting to record things like verbal warnings. Make employees sign a form to say that they’re aware of the action taken against them and agree that it’s fair. Don’t let anything slip by undocumented.

If you need to sack someone, follow these steps carefully. Get some advice before you rush into doing anything and you’ll avoid costly problems.

How to Improve Employee Retention

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Employee retention is about keeping the great staff you have, once you’ve found them.  There are a number of factors that have an impact on improving staff retention, including:

  • Improving communication processes
  • Staff involvement
  • Confident senior and line managers with strategic direction for your organisation
  • Providing training and development opportunities
  • Market-aligned pay and benefits
  • Fair and effective management of staff by managers
  • Competence of line management.

Focus on improving these areas and you will be able to improve your employee retention. But don’t get complacent – there are many threats to retention. What might cause your employees to leave? They include:

  • Re-organisation of your company – particularly if staff are not consulted
  • Redundancies – people can lose morale when others leave
  • Recruitment freezes – this could be a sign that the business is not going places
  • Lack of confidence in management – if you people don’t have confidence in their managers they may not stay
  • Line manager incompetence ‘ your line managers may not have the skills to keep your staff!

What’s the biggest threat to employee retention? It is poor employee engagement. Work on improving your employee engagement and high employee retention will follow.

For more on employee retention, click here to watch a short video.

Employee Engagement – Where is it Going?

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According to the CIPD Employee Winter Outlook for 2012-2013, employee engagement levels dipped to just 35%. At the same time, a massive 61% of employees are neither engaged nor disengaged with their jobs and their companies.

On a more positive note, engagement is highest in small businesses, with 60% of staff in small businesses saying they’re happy at work. Perhaps this is because a disengaged member of staff can cause more problems within a small team and issues can be spotted more easily than in a large business?

Employees with the shortest service are the most engaged at 43%. This means that as a manager, you need to make sure you look after your staff as they continue their service with you. Don’t get complacent and assume that they’re still happy just because they haven’t left.

56% of staff agree they have achieved the right work life balance. Is this enough or do you want more of your staff to have the right balance?

Here are some more interesting numbers from the survey:

  • 19% feel it is likely or very likely they could lose their job
  • 20% are looking for a new job
  • 26% of senior managers are looking for a new job
  • 36% of employees with 1 or 2 years service are job seeking
  • 33% report that redundancies have been made
  • 14% say redundancies are planned
  • 42% of employers have frozen pay
  • 20% report that working hours have been decreased

How engaged are your staff? How has this changed in the last year?