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Dismissal

Issue: Poor timekeeping leading to dismissal. An employee of a small restaurant had a chef who consistently arrived late or did not turn up for his shift. The employee was taken through 3 stages of the disciplinary from procedure with a Hartley Laird consultant’s guidance. From initial stage warning to the dismissal hearing. Our Approach: Advised over the phone for the first 2 hearings leading to 1st written and final written warnings and provided templates and guidance for the disciplinary investigations and hearings. To prepare for dismissal hearing a consultant met with the owner face to face. The Consultant advised the owner of the employment law in relation to contractual issues and also ensured that a thorough investigation had taken place with reference to any mitigation the employee may have including looking at the Equalities Act. We also ensured the employer was aware of the employees’ rights to representation and to a fair and ...

Do your Managers Avoid Difficult conversations?

I have just had a meeting with the Director of Care Home whose is frustrated at the Home Manager for avoiding a difficult conversation as they are now in a situation where a small issue has now become a big one which is why they called me. Where issues do escalate we can support, guide and conduct investigations and disciplinary, capability, redundancy processes but with the right training your managers could prevent the need for HR involvement in a large percentage of scenarios. Lets be honest no one wants to have those difficult and awkward conversations but there are ways to make them easier. Here are a few of the potential consequences of not acting quickly: If issues of conduct, capability or behaviour are not dealt with promptly then they become and accepted form of behaviour and it makes it more difficult to tackle at a later date. Failure to tackle issues promptly can ...

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 ...

Long term Sickness Absence

Issue: Long term sickness Approach: An employee in a school went off sick and after 4 weeks hit the schools long term sickness absence trigger.  A Senior Manager asked to see the employee for a sickness absence meeting after they had referred the employee for an occupational health assessment. This meeting resulted in the school agreeing to some reasonable adjustments but warning the employee that if the adjustments did not result in an early return to work and sustained attendance at work then further action may be taken under the sickness absence procedure. The employee then returned to work consistently for an 8 month period before again having a long-term absence of over 8 weeks and the same procedure was followed by the same manager a second warning issued. The advice was sourced by Hartley Laird at each of the stages and all documentation for communication was supplied and checked by Hartley Laird. ...

Just had a call from one of my clients

“ HELP  - What is Subject Access Request? And What do I need to do?” I had been working with my client over a number of months regarding a member of staff who they had both conduct and capability issues with. Following the conclusion of a disciplinary process the member of staff put in a grievance quickly followed by a Subject Access Requests, (SAR). What is a subject access request? A written request by or on behalf of an individual to find out what personal information an organisation holds about them. this is information they are entitled to have governed by the Data Protection Act 1998. an example is their personnel file, supervision notes, disciplinary notes etc. Do I have to comply? There are certain types of information that may be exempt, however as an employer, there will be information that you are obliged to supply. Visit  www.ico.gov.uk  for information regarding exemptions. What if it contains other ...

“Where is Linda?”

“Where is Linda?” “She will be here soon, she is always late” Is it the same employees that are always late? Is it the same employees that are in the building but never start work on time? Could you name at least one employee that fits that description now? Using a quick calculation lets see how much that is costing you: You have 40 employees 10% are continually late - so 4 employees Late by up to 15 minutes 50% of the time @ £7.50 per hour that is £900 per year - plus any extra cost you pay colleagues to cover Wait! Okay so what you haven\'t yet calculated and probably can\'t calculate is management time in organising cover, drops in service standards that effect your reputation, effect on moral and productivity of the colleagues that see persistent lateness, and the time it takes to remedy the behaviour. Tackle the Issue Today!!! Have a clear policy and procedure on working hours ...