Monthly Archives: March 2017

Capability, Poor Performance & Sickness Absence

Issue: A Senior Employee from a Care Home was not performing as expected by the New Care Home Manager. The Manager had already had some informal discussions regarding the employee’s performance and set targets, the last of which resulted in the employee going off sick so the manager contacted Hartley Laird. At the point, the Manager spoke to one of our consultants the employee had been off work for 4 weeks. Our Approach: After viewing all the information the manager provided the consultant advised the manager to have a sickness absence meeting with the employee and during that conduct a workplace stress risk assessment for which we provided all the documentation as the sickness absence. The employee was supported back to the workplace where the performance was tackled again. The performance was tackled on a formal setting with specific targets and timelines for improvement set alongside training and guidance. Outcome: The employee returned to ...

Employment Tribunal Awards Increase April 2017

So its that time of year again where changes are made, I thought I would just write briefly about what changes there are to tribunal awards as I know this is a concern for my clients and I question I get asked a lot is how much could it cost me if things go wrong. From April 2017, there has been an increase in the maximum compensation award for unfair dismissal.The table below lists the potential maximum awards if the worst case scenario occurs and employment matters go wrong. Employment Right Maximum Award 2016 Maximum award 2017 Unfair Dismissal  Maximum Basic Award (unfair dismissal and statutory redundancy payment) £14,370 £14,760 Unfair Dismissal Compensatory Award £78,962 £89,541 A weeks Pay £479 £489 Whistleblowing No Limit No Limit Discrimination No Limit No Limit Breach of Contract £25,000 £25,000   The figures above are scary, especially those that have no limit, below are average costs that have been awarded against the compensation maximums for 2015/2016. Figures taken from report from The Ministry of Justice.   Maximum Award Average Award Unfair dismissal £470,865 £13,851 Sex Discrimination £1,762,130 £85,622 Race Discrimination £43,735 £14,185 Disability Discrimination £257,127 £21,729 Age Discrimination £16,263 £9,025 Religious ...