Tag Archives: misconduct

More Changes to Employment Law – What You Need to Know

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Throughout the year changes are made to employment law. To help keep you up to date, here are some of the more recent changes.

The Right to be Accompanied. Employees have the right to be accompanied at a disciplinary meeting, where they make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing. Nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.

The Acas code is to be amended to “Employees have an absolute right to choose a companion for a grievance meeting.” Click here to visit the Acas website for more information.

Employee Shareholders. From September 2013 employees can become shareholders if both they and the employer agree all the aspects. Employees can receive £2000 worth of shares and in return, give up rights to claim unfair dismissal, a statutory redundancy payment, a statutory right to request flexible working and a statutory request for study or training. They must also give more than usual notice of return from maternity leave. Click here to find out more.

Pensions Auto Enrolment. From April 2014, depending on the size of your business, you will have to provide a workplace pension for your staff. To do this you need to know your ‘staging date’ and make sure you have information on all your employees. Check your payroll system can cope and that you have enough administration support. To find out who will be included and excluded and when you have to set up company pension, take a look at the Gov.UK website.

In April or May 2014 I’ll be running another Employment Law Update workshop. Keep an eye on this blog and the website for the date and online booking.

How do You Deal with Long Term Absence of Your Staff?

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A few weeks ago in this blog we looked at how to manage short term absence and the benefits of getting it right. Click here to read that post. In this one, we’re looking at long term absence.

Long term absence is generally more than four weeks. It needs active management of the absence and your employee’s return to work, so that you can plan ahead and organise work and temporary cover. When you’re dealing with long term absence you should regularly review progress in a way your employee is comfortable with. Ask them whether they prefer contact by phone, email, or home visits.

When making contact with them you can discuss:

  • How long they’ve been away
  • How they are feeling and whether they feel ready to return
  • If there is anything you can do to help.

Keeping in touch and remaining constructive, supportive and open to addressing their concerns about returning to work makes your employees feel cared for and valued.
Long term illness requires medical involvement to assess the effects of your employee’s condition, the likely duration of their time off and whether you can take steps to help their return to work.

Long Term Sick Leave leading to Dismissal

Hopefully, if you keep speaking to your member of staff about their illness and absence, it won’t come to this. You need to consider and discuss all the options with your employee before arriving at this conclusion. If you do reach this stage, you need to show that the absence was sufficient for the employee’s recovering and that fair procedure has been followed, in order to justify dismissing them. It should be a last resort.

Whatever happens, here are three things you should do:

  • Monitor – you don’t know if you don’t ask and you won’t remember unless you record it
  • Talk, talk, talk to your employee to offer support
  • Get medical advice – you’re not expected to be the expert.

How do you deal with long term absence? What issues have you had and how have you dealt with them?

What’s the Best Way to Deal with Underperforming Staff?

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In a recent blog post I introduced you to Heather, who was receiving poor performance feedback. Click here to read about Heather . Did you have any solutions for her?

Here are our suggestions.

While Heather has a lot of experience developing training courses, she’s not getting good feedback from delivering them. The cause of this could be that she:

  • Only likes writing courses and not the delivery
  • Has been given the delivery, when it wasn’t originally part of her job
  • She doesn’t have the confidence in delivery of the information when asked questioned
  • She thinks she’s being challenged when someone asks her a question.

How can we help Heather?

First it is important to acknowledge Heather’s strengths – her knowledge and ability to write training courses. Then we need to find out what she thinks about the feedback she’s getting and how she feels about the delivery of the courses. Does she enjoy that part of the job? If so, we can help her build up her confidence. Has she had any training in presentation skills? If not and she wants to continue with the delivery, we can look at the right training to help her.

In situations like this, it’s important to hear all the sides of the story, before rushing to any conclusions or imposing a solution. Work with your members of staff to find the best outcome for both of you.

How do you deal with issues of under performance in your business? Leave a comment here to share your views and ideas.

5 Tips for Managing Performance with Your Team

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As a boss, manager or supervisor, you play an important role in promoting employee commitment, motivation and retention. You are responsible for developing and nurturing your staff.

Here are 5 tips to help you look after your staff and improve their performance, which will lead to improvements in the overall performance of your organisation.

  1. Set meaningful, attainable expectations aligned with the mission and objectives of your business. Be clear about employee expectations and explain any measurements that will be used.
  2. Approach this process as a collaborative effort, engaging staff in the process. Work with your employees to develop appropriate outcomes that support your work and lead to the achievement of organizational goals. Don’t just impose objectives on your staff without first talking to them.
  3. Provide employee access to the necessary tools and resources needed for performance enhancement. Ask about relevant technology, available literature or other materials they need to improve their performance. Provide them with the coaching and mentoring they need and allow time for employees to learn improved methods and procedures.
  4. Continually asses and communicate progress regarding performance. Don’t save all your feedback until the end of the year. Provide employees with mid-year progress reviews and final evaluation feedback. Face-to-face progress reviews and final evaluations should be scheduled in advance. Engage your employees in discussions about the best ways to meet their future goals.
  5. Show appreciation of employee performance through the use of one of the many forms of recognition and reward available to you.

If you need specific help on managing and improving the performance of your staff, to improve the performance of your business, why come to our next free workshop on 22 November? Being held at The Old Post Office in Wargrave, near Henley in Oxfordshire, this is your chance to get some expert advice on your own issues. Click here for more details and to book your place.

How Do You Get More From Your Staff? Part Two

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In a recent blog we looked at the importance of managing performance as a way of getting more from your staff, without dramatically increasing your costs.

Here are some top tips you can actually put into action, to get more from your people:

  • Provide a stimulating working environment that encourages members of staff to contribute to the progress of your business.
  • Encourage your staff to reach their full potential by providing opportunities to develop their skills through training and development, as well as coaching in the soft skills needed to be an excellent team member.
  • Carry out formal performance reviews on a regular basis, setting clear objectives and achievable targets; don’t wait for annual appraisals.
  • Build good relationships by providing regular informal feedback and guidance; allow your staff to air their concerns within an environment of trust and honesty.
  • Deal with issues as soon as they arise – don’t wait for them to become problems.
  • Offer a clear career path, to encourage employees to be the best they can be and stay with you for the long term.

How do you get more from your people? What have you done that has worked – or not worked? Leave a reply below.

If you still have questions about how to improve the performance of your team, come to our next workshop on 22 November 2012 near Henley. Places are free but limited, so click here for full details.

How Do You Get More From Your Staff?

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The key to getting the best, and more, from your staff is through performance management. What is this and how can it benefit your business?

Performance management is a strategic and integrated approach to increasing the effectiveness of your business by improving the performance of the people who work for you. Put simply, the better the people you employ and the better the investment you make in them, the easier it will be get the best from them and to ask more from them, when you need it.

Research shows that a high proportion of businesses struggle with underperforming members of staff. They spend too much time dealing with issues of absence, sickness, poor attitudes and behaviour, failure to meet objectives and poor standards of work. Then they look to solve them through formal disciplinary procedures. Reacting to issues can be time consuming and costly, as well as very negative. Managing performance focuses on the more positive, preventative aspects of working with people.

Good performance management is about regularly assessing the performance of every individual in your team, providing regular feedback, guidance and support to reinforce good performance and highlight areas for improvement before they become a major issue.

You should also make sure that you have proper disciplinary procedures in place to deal with poor performance. In next week’s blog we’ll share some tips which, if you follow, you will only need disciplinary procedures as a last resort, when informal and positive measures have not worked.

Learn how to get more from your people at our next workshop, in November 2012 at Hennerton Golf Club, in Wargrave, near Henley. This is your chance to really get to grips with improving performance, ask all the questions you have and get some professional support. Places are free but limited. Click here to book online.

Capability vs. Disciplinary – Case Study

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In a recent blog we looked at performance management and how to distinguish between issues of capability and misconduct when dealing with the underperformance of employees.  To bring this issue to life we would like to introduce you to Annabelle.

Annabelle has worked as a marketing assistant in the marketing department of retail company for 3 years, during this time she has consistently underperformed, indeed underperformance was an issue from day one for Annabelle when she failed her probationary period.

Taking a proactive approach rather than instantly dismissing Annabelle, her employer provided some coaching.  This initially had a positive effect on her performance but unfortunately in recent months things have begun to slip again, she repeatedly, and frustrating for her manager, makes the same mistakes over and over, does not take guidance well, often has to have tasks explained to her several times and makes consistent inaccuracies in proposals  .

Now a major problem for her employer, Annabelle’s mistakes are costing them money and having a detrimental effect on the marketing team and business as a whole.  Annabelle’s manager is results driven, he feels she has been given an easy ride by the business and undertakes a formal review of her work.

On the flip side, Annabelle feels that she has not been supported by her employer, that she is not being properly managed and that she lacks coherent and consistent guidance.

Annabelle’s manager invites her to a meeting to discuss the on-going issues with her performance and although this meeting is handled in a professional manner, with legitimate concerns raised and examples of underperformance given, Annabelle feels bullied and raises a formal grievance against her manager.

Both sides are now aggrieved – what is the solution?

 

Check out next week’s blog for the solution to this problem.

 

 

Absence Management

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It is estimated that unauthorised absence costs the UK economy around £10bn-£12bn every year with employees failing to come to work for no good reason an average of 8 days each.   With the Olympics just a few short weeks away, and an expected rise is unauthorised absence predicted it important that you plan ahead to avoid unauthorised absence.

To stay on top of unauthorised absence you must put in place thorough absence policy that includes how absence will be managed; states clearly what absence is and is not permitted; details of how absence will be recorded and monitored; reporting lines and disciplinary procedures.

When you suspect an employee is taking an unauthorised day off you should:

  • Make contact on day 1 to establish the reason for the absence
  • If you are not satisfied that the reason for absence is genuine follow up with a letter on day 2
  • If the employee does not make contact and remains absent from work without notice you may have cause to assume resignation and formalise the appropriate procedures
  • If the employee returns to work you should always conduct further investigation in order to prevent a similar absence from occurring in the future and where necessary invoke a formal disciplinary process
  • If an employee takes annual leave despite being previously refused you must contact them immediately in writing and again invoke a formal disciplinary process.

Having in place a robust absence management policy will reap long term rewards by: –

  • Identifying the causes of poor attendance.
  • Providing support.
  • Increasing loyalty and motivation.
  • Deterring casual absence.
  • Identifying problems at work.
  • Improving morale and motivation.
  • Leading to reduction in absence.
  • Improving productivity.

Understanding Capability and Conduct

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Having clear expectations of employee performance and managing these on a daily basis are critical success factors for every business.  A high performing business knows which employees are delivering and which are failing but addressing issues of underperformance is no easy task.

It can be difficult to establish if poor performance is due to inherent incapability or misconduct.

Capability refers to an employee’s skills, ability, aptitude and knowledge in relation to the job that he or she is employed to do.  The key feature of lack of capability is that it is not the employee’s fault. Very few employees choose to perform their work badly, make mistakes, fail to complete tasks or have poor relationships with colleagues or customers.

Misconduct refers to any behaviour that falls below that of the standard required by your business or behaviour which fundamentally breaches a contract of employment such as fraud, theft, damage of company property, harassment or bullying.  There is no legal definition of misconduct, it is very much dependant on the type of business you operate, the nature of work undertaken by your employees and the risks to your business.

A lack of capability exists where no matter how hard an employee tries, he or she is simply unable to perform the job to the standard required by the employer. If an employee fails to come up to the required standard as a result of his or her own carelessness, negligence or idleness, this will not constitute incapability, but could be regarded as misconduct.

One of the key distinctions between capability and conduct is that lack of capability will usually be outside the employee’s direct control, while the same employee obviously will have control over his or her conduct at work.

To find out more about managing capability and conduct issues and the ways in which these can be dealt with to ensure that employees are treated fairly and reasonably whilst preserving the interests of your business read the latest copy of our Working Together newsletter.

How to Handle Disciplinary Issues and Help Employees Improve Their Performance

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It is important to handle any disciplinary situation quickly, fairly and appropriately.  Small businesses often find it easier to deal with an incidence of misconduct informally particularly when the issue is minor in nature.  Hold an informal meeting to ensure that the employee understands why their behaviour has been deemed unsatisfactory and seek agreement/agree steps to ensure that the behaviour does not continue or recur. 

If informal warnings have not produced the desired result and the unsatisfactory behaviour continues, the next step is to arrange an investigation by an impartial Manager.  An investigation should include review of HR records and any previous warnings/issues that may have occurred, talking to other Managers with knowledge of the misconduct and interviewing any witnesses.

Should the investigation indicate that there is a disciplinary case to answer then you will need to invoke a formal disciplinary procedure.  Most companies operate a 3-stage process: (1) written warning, (2) final written warning, (3) Dismissal.  There is no legal obligation to start at the beginning of the procedure.  The type of warning issued will depend on the seriousness of the offence.

In the event of an act of gross misconduct, i.e. an act of such a serious nature that it fundamentally breaches the contractual relationship between employer and employee then you have the right to dismiss the employee immediately without notice or pay in lieu of notice.