We are asked by clients; can I demote an employee? It can seem an attractive option, but it’s not without its legal risks. Demotion should be approached by employers and HR professionals with a degree of caution as an option in managing the workforce. As a potential sanction, it represents a significant change to an employee’s employment arrangements and one that they may be less than happy to accept. Demotion can take various forms including a change in job title, role, duties, and subsequently salary. An employer may look to demote an employee for a number of reasons, for example: Work performance. You may look to demote an employee as an alternative to dismissal. Usually after going through a performance management procedure, if stipulated in a contract of employment as an alternative sanction; As a disciplinary sanction. An alternative to dismissal in a case involving allegations of workplace misconduct and/or where the employee has substantial length of service; Changes in economic circumstances may result in a need to reorganise the employer’s business, including seeking to demote certain individuals. There are potentially legal pitfalls associated with demotion. It can mean a significant variation to the employee’s contract of employment. A change […]
Following the successful rollout of vaccines against the COVID19 virus, we have been asked by clients, what should employers do when employees have been vaccinated from COVID19? Most people receiving the vaccine in the first wave are elderly and retired people. However, some younger working people have received the vaccine in the first wave. This could be because they are clinically extremely vulnerable or they are a health care worker or engaged in a similar sector. Following Lockdown Rules Anyone who receives the vaccine must continue to follow lockdown rules and your COVID-19 secure workplace procedures. These must still be adhered to as even vaccinated employees could potentially transmit the virus to unvaccinated people. Vaccination does alter an employer’s approach for some clinically highly vulnerable staff. Having the vaccine means these workers can better protect themselves. After both doses have been received, they may be able to finish shielding and return to the workplace. However, only if it’s essential that they return to the workplace and following an individual risk assessment. Current lockdown rules will apply to other employees who may still need to work from home, depending on the nature of the role. Planning for Wider Rollout Vaccinations in […]
If you are thinking about working with an HR Consultant here are eight questions to ask an HR Consultant before hiring them. As with any investment, it pays dividends to do some research and ask the right questions. Here are our eight questions to ask an HR Consultant before hiring them to work with you and your business. 1. How much experience do you have? How long have you been working as an HR Consultant? What was your professional experience before becoming a consultant? Try to find someone with in-depth experience managing people and of running a business. Someone who can relate to the pressures that you, as a business-owner, are facing. 2. Who are some of your other clients? What kind of work have you done for clients like me? Can I call them to ask about your work? Some HR Consultants may be reluctant to disclose the names of their clients. But at the very least you need to know that the HR consultant has worked with companies closer to your size and industry. If they have they’re more likely to understand your needs. If the HR Consultant is reluctant to put you in touch with a client so that […]
The CIPD’s latest research on how to deal with conflict at work found that just over a third (35 per cent) of employees experienced some form of conflict over the past year, whether that was an isolated incident or an ongoing difficult relationship. Some examples of unpleasant daily work situations experienced by UK employees every year are: A colleague is excluded from work conversations and not invited to a meeting when a new project is introduced. Another is cut off in the middle of answering a question Or pulled up for an easily remedied mistake The boss who overrides reasonable decisions or embarrasses someone in front of their workmates An employee is ‘encouraged’ to take on more work with the ‘incentive’ of holding on to their contract. Findings The report also found 15 per cent of employees have claimed to have suffered bullying at work over the past three years, with 8 per cent experiencing harassment of a non-sexual nature and 4 per cent sexual harassment. However, much more widespread are instances of lower-level conflict that can create the building blocks for the more serious incidents or bullying. Other causes for conflict maybe management who say one thing, yet do […]
The government has published The Good Work Plan April 2020, which is designed to implement the proposals of employment reforms which are due to come into effect in April 2020. The primary purpose is to ensure that individuals have better access to, and a better understanding of, their employment relationships. Statement of Written Particulars There will be a new requirement for you, as employers, to provide a more comprehensive statement of written particulars or contract of employment. You will also have to provide these statements to workers and not just employees. In addition, the new statement must cover more terms and must be issued on the first day of employment, unlike currently, you have 8 weeks to issue your contracts. HMRC Clamping Down The Good Work Plan has also made a commitment to further align the tribunal assessment of employment status with HMRC’s. Currently there are three categories of employment status in the tribunal forum: employee, worker and self-employed, while as far as HMRC is currently concerned there are only two, as it does not recognise ‘worker’ status. This can at times cause confusion for both the company and the individual. Tribunal Claims There will be an introduction of sanctions […]
