When is a warning not a warning? The simple answer is when it’s not carried out correctly. We get a surprising number of calls from employers who have reached the end of their tether. They’ve given an employee lots of verbal and written warnings with no improvement. Now they feel the need to remove the employee. It comes as a shock to them when we say, “that’s risky”. Let me give you an example of what I mean A business provides a facilities service to clients. They send teams of employees into a client premises, often out of hours. The intention is that the client will come into work the morning after and be delighted by the results. Over a 10 year period this had not always been the case when the business sent in one particular employee. His work was not always of a high standard. Over the ten year period the employer had given the employee a number of verbal and written warnings relating to his poor standard of work. One morning the Facilities business owner received an irate phone call from a client about the less than sparkling state of his premises after having paid for an overnight service. The […]
We’ve been reviewing our 2017 files to find the 10 oddest non-work activities that employees have got up to at work when they should have been working! Our top ten list of the oddest non-work activities that employees have got up to at work is certainly memorable! The things that employees have been caught doing in 2017 when they should have been working include: An employee who was working on a scrapbook of her holidays that year. An employee who decorated their cubicle with chains of paper clips. The employee who used the privacy of his work cubicle to indulge his interest in origami. The female employee who brought her embroidery kit from home. She wanted to continue making embroidery items at work for a craft show that she was exhibiting at. The young worker who brought in a kitten she found outside the offices and tried to keep it quiet inside her large handbag. The employee working on her son’s school project that included using uncooked pasta shapes as decoration. The Care Assistant who was found lying on a patient’s bed talking to the patient while the patient sat in her wheelchair. The employee found watching YouTube videos of people shoving […]
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 […]
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 […]
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 […]
Employers are worried about using Mediation and Settlement Agreements. The introduction of employment tribunal (ET) fees has changed the balance of power between employers and claimants. It has had a significant impact on employees’ willingness to make claims. Employers spend an average of 19 days of management time dealing with individual ET cases. Larger organisations with more than 250 employees spend 20 days dealing with individual ET cases. While organisations with fewer employees spend around 12 days. CIPD (2015) Recent legislation has only a limited impact on employers’ approaches to managing conflict. However, there is growing support for an alternative dispute resolution. Try something different to the usual formal discipline and grievance processes. Employers are beginning to use informal methods when attempting to dismiss staff. Employers are beginning to use mediation and settlement agreements as a means of terminating employment. The majority (56%) of employers asked in a recent CIPD survey that they feel settlement agreements are a useful mechanism for removing an underperforming employee without the need to go through an unnecessary and time-consuming performance management process. Employers are making increased use of mediation, and other forms of alternative dispute resolution, to resolve workplace issues, but many HR managers […]
The 7 most popular HR blogs in 2016 were varied topics, some perennials that continue to tax employers from all walks of life down to a very specific blog down for employers in the hair and beauty industry. Winners and loser in the grievance process – are there really winners in the grievance process? Monitoring an employee’s email – can you? should you? New legislation (April 2016 update) HR Mistakes made by employers in hair and beauty salons – specific cases from the hair and beauty industry, but they could be in any industry Handling employee smoke breaks – still problematic, and how about staff who “vape”? How do you deal with them? Job interview questions you shouldn’t ask – in 2016 we still see some people asking questions that make them easily vulnerable to a claim Managing Work Experience – mediocre to meaningful – how do you make your work experience placement students talk about your company in glowing terms? We’ll report on the 7 most popular HR blogs in 2016 in March 2018, but in the meantime, there’s anything specific you would like us to blog on please let us know and we’ll gladly oblige. Contact Us Metis HR is a professional HR Consultancy based in […]
We have looked at Why we need to do a return to work interview after absence, now we shall look at how to do a return to work interview. These should be undertaken to acknowledge each absence. How to do a return to work Interview Welcome the employee back to work. Seek confirmation that the individual is fit to work Give the employee the opportunity to highlight any relevant issues and reasons for absence. Try to offer solutions if the employee raises any issues. If appropriate, refer to employee support mechanisms. Agree a review period and/or any actions required if appropriate. Here’s our 6 step guide to how to do a return to work interview In advance, review the employee’s attendance record over the previous 12 months. Take notes of any points arising from previous return to work discussions or meetings. Print off copies of the employee’s attendance over the last 12 months. Meet with the employee on the first day back at work, or shortly afterwards. It is important that a record of the Return to Work interview is kept by the manager. Decide what your objectives for the return to work interview are. During the Meeting: Welcome the employee back […]
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 […]
