1) Issuing an employment contract and employee handbook
Many businesses that employ staff do not provide employment terms and conditions within eight weeks of a new employee starting in accordance with the Employment Rights Act 1996. A contract (employment terms and conditions) can contain basic policies such as grievance and discipline so an employee handbook may not always be necessary if there are only one or two members of staff. However if there are five or more employees it might be a good idea to develop a small employee handbook to provide guidance on various HR procedures. It is important to remember that if an employer ends up in an employment tribunal and has not issued a contract, then should the employee win their case, an award can be made of up to four weeks’ pay.
2) Undertaking a thorough investigation
With many HR issues it is really
important to do a thorough investigation in order to establish the facts. An investigation may be necessary in relation to
disciplinary matters, capability, bullying & harassment and sickness absence.
An investigation should uncover the full facts that will inform a decision of
whether to take action against the employee or not. Employment Tribunals place significant emphasis on the fairness and quality of the investigation process when considering claims.
3) Take action with bullying and harassment
Let's face it, dealing with
bullying and harassment in the workplace is both sensitive and challenging. Having a clear dignity at work policy is a good starting point, training should be provided for the workforce to raise awareness of dignity at work issues. If any complaints for example, of bullying and harassment are received they should be carefully and fairly investigated so the facts can be established. If the evidence suggests bullying and harassment has occured this may give rise to disciplinary action.
4) Managing poor performance
Dealing with performance issues can be challenging and can lead to potential conflict. People are not very comfortable with challenging feedback. However, poor performance is a financial cost to businesses - direct costs are loss of productivity and profit and this can impact on team morale.
5) Manage sickness absence
Intermittent or long term sickness absence is not easy to deal with. With intermittent absence it is important to watch out for trends and take swift action. By having an informal conversation about the problem, it starts the ball rolling for dealing with the issue. With long term absence many employers don't think they can intervene when their employee sends in a sick note confirming their absence. However it is important to deal with the situation as soon as possible by meeting with the employee to find out what is happening. An employer needs to know the prognosis for the future and how to support the employee to return to work at an appropriate time. They may need the support of an occupational health advisor preparing a report that will help an employer manage the situation.
6) Manage a disciplinary situation
Disciplinary situations in the
workplace can range from misconduct to gross misconduct and need to be carefully handled. If there is the potential for gross misconduct the employer may consider a period of suspension to enable a fair and objective investigation. A thorough investigation should then be
completed without undue delay followed by a fair hearing allowing the
employee to have their say. The employee also needs to be provided with the right of representation. The outcome should be
confirmed in writing with the right to appeal. The disciplinary process needs
to be fair and reasonable to avoid a compensation award in an employment
tribunal.
7) Always consult in relation to a redundancy situation
Meaningful consultation should take place with the aim of avoiding compulsory redundancy where ever possible. The number of staff at risk of redundancy will dictate how long the
consultation period should be. If there are 100+ staff, the consultation period
shall be 45 days. With 20-99 staff the consultation period is 30 days and less
than 20 employees there is no set time frame. However with the latter the
consultation period needs to be reasonable and good practice would allow at least a
week between the last consultation meeting and notification of
dismissal (if applicable) depending on the number of staff to be consulted with. Failing to
consult will attract a protective award in an employment tribunal.
* Disclaimer
This
guidance is intended to cover general situations which may be
encountered. More specific or complex queries may require more detailed
assessment. You should consider taking specialist professional advice from Tamar HR if
a situation arises which falls outside the scope of this general guidance
document.
