There are some common HR issues that most businesses with staff will face. Many businesses trust these issues to an HR professional, either in-house or outsourced. And that is often the right approach.
We have clients ask us – why should I have employee Privacy Notices in place? Since 25 May 2018 the Data Protection legislation has changed in the UK. The changes expand current legislation governing how you as the employer collect, hold and process employee’s personal data. The EAT recently published it’s findings on a claim by an employee of HMRC for breach of the Data Protection Act 2018, which the EAT dismissed and did not up hold for several reasons. Background The claim stemmed from the claimant’s arrest by Merseyside Police in August 2018. In compliance with her contract of employment, the employee disclosed the arrest to HMRC. The employee was suspended pending a disciplinary process for gross misconduct. The employee’s contract of employment included terms involving appropriate behaviour outside of work and conduct which could give rise to queries about honesty and trust. The employee went off on long term sick leave and refused to open or read correspondence from the employer. She said the internal investigation into the alleged offences was in breach of data protection laws and should stop. The process was briefly halted but continued after the employer sought legal advice saying it could press on. […]
What is a disciplinary hearing? It’s an opportunity for the details of the disciplinary investigation to be considered a person not previously involved to review evidence gathered the person facing allegations to present mitigation or new evidence When should a Disciplinary Hearing be convened? After a Disciplinary Investigation is completed. The Investigating Officer should have concluded that the evidence gathered suggests that there is the potential for the allegation(s) to be proven. They recommend that the matter be considered in a formal Disciplinary Hearing. Your Disciplinary Policy probably outlines the process in your organisation for convening a Hearing. But typically, the employee is invited to attend the Disciplinary Hearing by letter or email given the right to be accompanied at the Hearing by a work colleague or trade union representative given a copy of the Disciplinary Policy sent an evidence bundle. Only evidence that the employee has been able to review should be considered at the Hearing Who attends a Disciplinary Hearing? Check your Disciplinary Policy. Different organisations have different standards. Our recommendation is that there should be a Hearing Chair. the Investigating Officer who presents their investigation to the Hearing. They will also answer any questions put to them. […]
Toxic Workers Every organisation has at least one Toxic Worker, those people who exude negativity. They don’t like their jobs or they don’t like the company. They dislike their bosses and they feel they are always being treated unfairly. You can’t control how people act all of the time, but you do have control over how you react with them. Calling them to a meeting for an informal chat to discuss their behaviour may be your first port of call in nipping their toxicity in the bud. Be clear about which workplace rules they are breaking and how it affects the workplace as a whole. However, if the toxic worker is more than just irritating and annoying – they may be abusive, behave inappropriately and unprofessionally. If you think they are bringing the company into disrepute or another employee complains, this is the time to take more formal action. Some toxic workers operate under the radar of their employers. They may come across positive and outgoing openly with their managers, whilst talking negatively to belittle, criticize and slander those workers they feel they can control and manipulate. They could possibly persuade other co-workers to do their dirty work for them, whilst outwardly they maintain their angelic façade! What to do? Don’t allow the […]
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 […]
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 […]
A family member falling ill can be a stressful time for all involved. As an employer, you still need to know how to handle staff who take time off for dependents. Whether it’s sick children or caring for an elderly member of the family. Research shows that nearly three million working days are lost each year through this type of absenteeism. According to CIPD, more employers recognise line managers play a vital role in supporting employees. However, most employers aren’t giving them the tools they need to manage absence effectively. The 2016 Absence Management survey revealed that less than half of employers (44%) train managers to handle short-term absence. Employees have a right to reasonable unpaid time off to deal with a dependent who has fallen ill. However, this should be limited to the time needed to make other care arrangements. Usually this takes no more than a few hours or at most one or two days. Where an employee continues to take time off for caring duties, flexibility can help. Perhaps offer the option to make up the time missed. Give them the option to work from home at flexible times during the day. Other options is to offer […]
Don’t fall into the trap of thinking that all unfair dismissal claims need two years’ continuous employment. Certain cases need no qualifying period of employment. These are called automatically unfair reasons for dismissal. To date there are many reasons for automatically unfair reasons for dismissal. Because the employee was, or proposed to become, a member of an independent trade union. Or because the employee refused to become, or to remain, a member of an independent trade union. Where the employee was dismissed for having taken, or having proposed to take part in the activities of an independent trade union. Whether it is outside working hours or within working hours, if permitted by the employer Because the employee participated in official industrial action in certain circumstances As a result of pressure from a trade union, by way of the threat of industrial action A reason connected with the performance by an employee representative, or a candidate in an election for representatives. Or of their function as such an employee representative or candidate, on a transfer of an undertaking (TUPE). Or where the employer proposed to make collective redundancies For a reason related to the employer contravening the rules prohibiting the compilation, use, sale or […]
As an employer, you’ll encounter your share of difficult employees. When you’re recruiting, you’ll do your best to choose candidates with great attitudes and solid experience, you might even take up references to establish if what they say about their abilities to perform at work stacks up with previous employment. Unfortunately, even the best candidates can have little idiosyncrasies that make them difficult to work with in day-to-day operations. These “quirks” are not necessarily worth dismissing somebody over especially if they get their work done on time and their standard of work is acceptable; but someone who flat out refuses to work in a particular way or work with particular people or undertake particular tasks because they are against “their principles” can become a huge headache. We’re not saying that all employees have to kowtow to you without question, indeed challenge is healthy, it makes you questions why you are working in a particular way but employees who become unmanageable are something else again. This kind of employee can make it difficult for you to keep your team productive while retaining your image as leader. If you find managing difficult employees, try one of these three strategies: Set written expectations. Be clear from […]
