Yesterday we were asked “What is the difference between an HR Consultant and an Employment Lawyer?” That got us to thinking. Cost is the obvious difference. An Employment Lawyer is possibly more expensive than an HR Consultant. We decided that the differences were probably more detailed than that if you’re an employer trying to make a decision. Obviously we are likely to be making generalised statements in this blog. We advise that whether engaging an HR Consultant or an Employment Lawyer you check out first their experience of dealing with your kind of issue. Why Choose an HR Consultant? An HR Consultant is likely to have spent many years “in the trenches”, dealing with employee challenges within organisations. They may even have been an operational manager and know what it’s like managing people on a day to day basis. They will likely have a proactive approach to managing your workforce. We would expect that they translate theory into practice for you, helping you to implement HR best practice, helping you to respond reactively to issues which arrive. You can expect that the HR Consultant will undertake continuous professional development. They’re unlikely to have a law degree but they should have a […]
How to be a better manager is not as trendy a question as it once was. How to be a better leader is a much more trendy question. Why is that do you think? Surely an organisation can only have so many leaders before they start falling over one another and confusing the direction? Effective managers are a key bedrock on which any organisation relies. So how do you become one? How to be a better manager in 5 steps Know your policies and procedures Be consistent Be brave enough to question your own management style Actively use reflective learning Earn the trust of your team Know your policies and procedures Become thoroughly familiar with your organisation’s HR policies. What are the rules on time off for Doctors appointments? How much notice of annual leave do people have to give? how frequently are you expected to meet individually with your team members. If you don’t know the rules, how can you respond quickly and with authority to your team? Be consistent Consistency builds credibility. It’s so important there was even a management theory devoted to it in the 1950’s. Consistency Theory tells us that people become uncomfortable when things are out […]
Following on from our previous blog about transgender staff, we now look at how to deal with employees undergoing gender reassignment. Some employers don’t realise that it’s not enough just to cater for one group covered by the acronym LGBT (lesbian, gay, bisexual or transgender people). Different groups can have very different needs. Employers need a diversity policy which is visible to all employees. Reference it in workplace memos or emails so that people remember it’s there. Staff need to know that you take your equality policy seriously. Giving employees a clear contact point in case they have concerns that the policy may be being violated is important. Measures also need to be in place to protect whistle-blowers to show that discrimination and harassment will not be tolerated. Research shows that transgender people face harassment all the time and it can be very damaging. It’s important to investigate all complaints. If the bullying or harassment stems from ignorance, training could help. However, problems won’t go away by themselves and transgender employees are entitled to their employer’s protection. How To Deal With Employees Undergoing Gender Reassignment Making transgender people feel welcome in the workplace isn’t just about avoiding words or comments that might cause distress. Employers can make a proactive effort to be inclusive by: Using terms other […]
If you have transgender staff employed in your business, you may to know what the legal situation is. A recent survey by Total jobs found that 43% of transgender people look for trans-friendly employers when they are job hunting. Employers who adopt HR policies in equality, diversity, gender transition issues, and transgender inclusive healthcare benefits are distinct. Lesbian, gay and bisexual employees may also take an organisation’s trans-friendliness as a good sign that they are welcome there. It is important that all employees know how to treat transgender staff employed in your business and the issues that may arise. Transgender Staff and Gender Reassignment Gender reassignment is a ‘protected characteristic’ under the Equality Act 2010. Treating an employee less favourably than others because of gender reassignment is unlawful and is an act of direct discrimination . It is also unlawful to discriminate indirectly by imposing a provision, criterion or practice that disadvantages transgender employees. These need to be justified objectively. The provisions also extend to businesses supplying goods and services to transgender members of the public. In a recent tribunal case, Bisson v Condor Ferries, a transgender passenger succeeded in claiming direct discrimination against a cross-channel ferry company. Condor Ferries had advised her to use the disabled toilet when she asked which facilities she should use. Toilet signs with the […]
This week, 3-9 September 2017, is Migraine Awareness Week. It made us reflect on a call from an employer we had recently helped with a female employee. She was absent from work because of a migraine for the third time in a month. His reaction of “it’s only a headache” made us reflect on migraines and the reality for some people. Claiming to have a migraine is one of the most popular excuses for “pulling a sickie” from work. A recent YouGov poll of 2,105 people found 15% of workers who admitted to making up illness to get a day off work used migraine as their excuse. The fact that people fake migraines puts real sufferers in a difficult position. Some employees say they fear they won’t be believed if they phone in sick with a migraine. Migraine Awareness Week statistics show that 1 in 7 people are affected by migraine. Migraine is the 6th highest cause worldwide of years lost due to disability. In the UK there are more people who suffer from migraine than with diabetes, epilepsy and asthma combined. Over 6 million people suffer with a resulting loss of over 25 million working days. An estimated cost to the economy of […]
How to deal with employees wanting to record meetings We get asked a lot, how to deal with employees wanting to record meetings. Examples are, disciplinary or grievance hearings or performance reviews with a line manager. There can be any number of reasons why employees want to record meetings. They may feel they are being treated unfairly. Or feel they need to extract some evidence. But employees do not have the legal right to record an internal meeting. Therefore, if an employee asks to record a meeting, you must decide whether or not to permit the request. If your policy is that recordings are not permitted, the person chairing the meeting should remind the employee of this at the beginning of the meeting. The chairperson should also make it clear that if the employee ignores policy, recording the meeting is in breach of company policy and there would be grounds for taking disciplinary action. However, they do have a right to a copy of the notes taken at a formal meeting. If an employee refuses to confirm that they are not recording the meeting – or confirms that they are recording the meeting – you may want to adjourn the meeting to […]
Wondering what to do if an employee acts inappropriately on social media? Always follow your disciplinary procedures to the letter. A recent Tribunal case about a man who was fired after seven and a half years’ employment for sharing another butcher’s ‘meat deal’ on social media has left the employer out of pocket. The employee won his case for unfair dismissal against his former employer, a small, and well-respected butcher in Wigan. He recommended a discount offer from another online fresh meat retailer to his girlfriend on Facebook. The directors dismissed him for gross misconduct and breach of contract. They believed the ‘advertising’ was for a competitor and breaching the company’s social media policy. The tribunal heard the employer had already decided to dismiss Hayward before they brought him into a disciplinary meeting. The buisness had no formal HR function snd they hadn’t taken advice. The employee did not receive a written or verbal formal warning. Even though he had requested one. The employee was denied a colleague or Union Rep to accompany him at the meeting. The Employers did not give a reason why his actions online were wrong. The employee was denied the right to appeal. And so, he lost confidence in his employers and did not follow up the matter further. The tribunal […]
Metis are now offering Protection Against Management Liability, A New Service Protection Against Management Liability, A New Service. We all know that even sometimes when you follow Disciplinary, Dismissal or Employee Grievances to the letter, we may sometimes still have to face a potential tribunal hearing. Because of this, Metis HR has partnered with Munro-Greenhalgh Insurance Brokers. As well as one of the biggest insurance companies in the world, AXA. Together we will deliver an excellent level of cover to help you deal with any employment related claims. The policy can also pay for awards and provide for much more. Our facility through Munro-Greenhalgh Insurance Brokers means that if you follow the professional HR advice provided by Metis HR Ltd: the insurance policy will cover you defending a tribunal claim and for awards made you will pay no excess. Normally you would be required to pay an excess of £3,750! Metis HR as your trusted adviser will continue to work with you, guiding you through the claim process and be on-hand throughout so no starting from scratch again with a new person! The AXA Management Liability policy provides wide cover as standard – for employment, regulatory, […]
Employees who take time off with stress to avoid a disciplinary at work. In effect they make the process and situation more difficult for themselves. As well as for the employer. A disciplinary investigation can be a daunting process. The employee may feel angry that the company considers their behaviour amounts to misconduct. They may believe their future employment is at risk. As the employer, you may want to deal with the problem quickly and move on. However, for employees who take time off with stress to avoid a disciplinary at work, there maybe little incentive to engage with the process. Especially if the employee is suspended on full pay until a decision is reached. This can cause an employee to time waste by asking to postpone the disciplinary. Another tactic is to make last minute call-offs or submit unfit to work notes. An employer is entitled to insist a suspended employee attends a disciplinary meeting during normal working hours. But it is good practice to reschedule a hearing at least once. Especially if the employee provides a good reason for the postponement. This does not mean you are under an obligation to postpone disciplinary proceedings indefinitely. You can proceed with a hearing […]
Employees who challenge and undermine your authority constantly are deliberately obstructing you in your job. They are rejecting your right to oversee them and have decided that you are not their boss. But you are their boss, they just don’t like it. Maybe they believe they should be in charge. Or perhaps they want you to prove yourself or they just have psychological blocks. Whatever the reason, they are trying to undermine your effectiveness. They are under the presumption that they are too clever and you will avoid confrontation. The situation of a disrespectful employee must be resolved immediately. Otherwise the behaviour will begin to interfere with the work environment. Potentially it could also begin to damage the company from within the workforce. It’s not unusual in this kind of situation to feel anger or sheer frustration with the problem. The employee may think it’s okay to walk out of work because they’re unhappy about something. Or decided to take a break when they feel like it. They could simply ignore your reasonable management instructions altogether. So, how can you deal with employees who challenge and undermine your authority? Mediation in the workplace enables disputing parties to discuss their points of view in a […]
