Showing posts with label ACAS Code of Practice. Show all posts
Showing posts with label ACAS Code of Practice. Show all posts

Tuesday, 20 September 2011

London Riots, First Aid and Empire HR

There have been many current affairs that have been featured in the press recently, where Empire have identified issues concerning HR, including the News of the World Scandal. In addition the recent events in London and the riots that took place, also raise issues relating to HR. 

In this blog we explore issues from the riots as well as guidance on First Aid in the workplace.


RIOTING AND HR

The riots that hit London last month have highlighted the crucial role of HR in a crisis. The spontaneity and unpredictability of the riots meant that those affected had to react swiftly in circumstances that they had probably never encountered before.

Having a good HR manager or department within a business would undoubtedly have been an invaluable asset during the crisis, providing immediate and commercially viable solutions to the problems faced.

For example, many affected businesses had to consider what to do with employees who no longer had a viable place of work. Larger business could rely on their HR departments to organise the redeployment of employees to alternative stores or offices. Smaller businesses could temporarily lay off employees, or perhaps enforce a period of annual leave. Some may even be forced to make employees redundant if the business is no longer operating and will not be viable for the foreseeable future.

Unfortunately those with no HR support may now face the additional burden of potential tribunal claims if they simply sent employees home with no pay for an indefinite period of time.

The basic starting point for business owners and managers is that where an employee opts not to come into work, there will normally be no obligation to pay them. However, where the decision is taken out of their hands and they are willing to come into work, they must be paid. The uniqueness of the circumstances means that there is no hard and fast rule – all absences should be investigated in full before any pay is withheld.

It is essential that business owners seek legal advice on the options available to them before assuming that they can dismiss employees. The ability to temporarily lay off employees is largely dependent on the inclusion of a ‘lay off’ clause in their contract. Redundancy is also dependent on the circumstances facing each particular business, and a consultation process must be followed prior to any redundancy dismissal.

Some HR Managers will need to deal with employees who have been convicted of an offence related to the rioting. In general, a criminal conviction is not sufficient justification for a dismissal unless the employee works with vulnerable service users or is in a sensitive role.

A lot would depend on whether the conviction has affected the reputation of the business (perhaps the media named and shamed the employee), and whether the conviction has undermined the trust and confidence in the employee. For example, an employee convicted of looting in the area in which they work may lead to their retail employer losing trust in them.

Each case must be considered on its own merits, with the full ACAS Code on Discipline and Grievance being followed at each stage of the process. Given the current wave of public anger, it does seem likely that tribunals will be sympathetic to businesses but they will still consider whether a dismissal falls within the ‘range of reasonable responses of a reasonable employer’.

FIRST AID IN THE WORKPLACE GUIDANCE 

Guidance has been issued by the Health and Safety Executive in relation to the qualifications first-aiders in the workplace need and the responsibilities employers have when appointing them. The guidance defines a ‘first-aider’ as somebody who has undertaken training and has a qualification that The HSE approves;

Either a valid certificate of competence in either:

First aid at work, issued by a training organisation approved by HSE;
Emergency First Aid at Work, (issued by either a training organisation approved by The HSE or a recognised Awarding Body of Ofqual/Scottish Qualifications Authority.

Employers must undertake a first-aid needs assessment and should use the findings to determine which training in first aid and what number of trained personnel will be suitable and sufficient after taking account of all the relevant circumstances of their particular workplace.

A question often arises about liability of first-aiders, and while the HSE seeks to reassure that it is very unlikely that action would be taken against a first-aider who was using the first-aid training they have received (and in any case not by HSE as it is outside their jurisdiction), it is recommended that Employer’s should seek advice from their insurance brokers on whether their policies cover first-aiders’ liability.

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Friday, 22 January 2010

New Year Resolution for Businesses

Empire HR is issuing this timely advice in response to the latest statistics from the Employment Tribunals Service, which reveal a 29% increase in unfair dismissal claims this year. This is obviously worrying news for businesses, which often have to find substantial sums of money to pay their disgruntled ex employees.

All employers should examine their disciplinary policies and working practices to ensure that the risk of a claim is minimised. In the current economic climate, the effects of a successful claim could be disastrous. It is also worth bearing in mind that it is not just the actual compensation that costs the business money; it is also the time and resources spent on defending the claim, which can severely affect a business.

With the maximum amount of compensation for a basic claim currently an astronomical £66,200, and discrimination claims being unlimited, it is essential that business owners and managers avoid the common pitfalls which often result in a claim.

Empire HR has the following top ten tips on avoiding a claim: 


1. Have a clear, up to date disciplinary procedure
This is essential. With no disciplinary procedure in place there is a strong chance that employees are not being treated fairly and consistently. The procedure will provide clear guidance to Managers conducting the disciplinary meetings. In addition, failing to use the proper procedure in accordance with the ACAS Code of Practice exposes the business to an uplift in the compensation if they lose a tribunal case.

2. Ensure that Managers know how to implement the disciplinary procedure.
All managers with responsibility for managing others should be trained in using the disciplinary procedure. Unfortunately, managers often do not realise how important it is to follow the procedure with the result that they compromise the fairness of the disciplinary sanction – ultimately risking a claim.

3. Communicate the standards expected, what types of conduct are/ are not unacceptable, and the workplace rules to employees. 
It is essential to ensure that all employees are informed of workplace rules as soon as possible and that they always have easy access to any updates. A person should not be disciplined for breaking the rules if they didn’t know about the rules in the first place.

4. Give the employee a fair hearing or a chance to explain. 
Employees should always be given an opportunity to be accompanied either by a work colleague or a trade union representative at disciplinary hearings, and be given the chance to explain any mitigating circumstances. The hearing must be as fair and unbiased as possible. After all, it is better to hear their side of the story at this stage than during a tribunal hearing!

5.Keep a record of all notices and formal warnings. 
It is important to take detailed and comprehensive minutes of all meetings. You cannot rely on warnings if there is no evidence of them! Also the outcome of the meetings must be given to the employee in writing.

6. Allow an employee the chance to improve. 
When going through a performance management process, reasonable objectives should be set within a fair timescale giving the employee the opportunity to meet the required standard.

7. Make the consequences of poor performance and/or misconduct clear to employees.
It is important that the outcome of every meeting is given to the employee in writing, stating clearly what could happen should the required improvement not occur.

8. Investigate in Full! 
There should always be a full investigation into every allegation. This becomes critical in circumstances which may lead to dismissal. A thorough investigation will often prevent the need for a disciplinary hearing, and will ensure that you are aware of the full facts before embarking on the disciplinary process.

9. Consider all the circumstances. 
All circumstances must be considered before deciding on the outcome of disciplinary action. For example, was the employee provoked or ill? A tribunal will want to know such details when determining if an employer has acted fairly and reasonably.

10. Be consistent.
It is important to ensure that every situation is dealt with in a consistent manner. If an employee can demonstrate that another person has not received the same treatment in the same circumstances, it can seriously weaken a case. It is also good practice since inconsistency can often lead to widespread discontent amongst employees.

Empire HR Ltd can assist businesses on all aspects of disciplinary action, from drafting the disciplinary procedure to representation at tribunal.