Tip 1: disciplinary procedures
Investigate all allegations – is a disciplinary hearing appropriate?
Decide who will deal with the investigation, the disciplinary hearing and an appeal.
Consider suspension in serious cases of misconduct.
Send the employee a copy of the company’s disciplinary procedure.
Take minutes of all hearings and ask employee to confirm they are correct.
Allow the employee the right to be accompanied at all hearings.
Do not inform employee of decision at the disciplinary hearing. Reconvene the meeting to discuss the outcome and confirm decision in writing.
Follow the ACAS code – failure could result in uplift in compensation of 25%.
Tip 2: Performance management
Deal with any performance issues informally at first.
Follow the ACAS code and company procedures.
At all hearings:
- Clarify the standards the employee has failed to meet
- Allow the employee to explain poor performance and ask questions
- Discuss measures, set targets and timescale for improvement.
- Timescales must be reasonable and realistic.
Allow the employee the right to be accompanied at all hearings.
Employee has the right to appeal against any warnings and dismissal.
Tip 3: Sickness absence
Investigate the likely cause and the likely length of the absence.
Always carry out return to work interviews.
Keep in contact with an employee on long term sickness.
Consider obtaining medical evidence – must get consent from employee.
Discuss medical evidence with employee.
Consider reasonable adjustments to enable the employee to return to work or alternative employment.
If the employee fails to attend the hearing or asks for it to be adjourned, consider this request.
Consider venue for all meetings/hearings to be held either at work, employee’s home or at a neutral location.
Allow the employee the right to be accompanied.
Prior to dismissal, always follow a fair procedure.
Tip 4: Disability
You must not discriminate against an employee or job applicant with a disability.
Disabilities include physical disabilities and mental impairments and also include cancer, depression, diabetes, blindness, multiple sclerosis.
Check with HR if you are unsure whether discrimination has or may be happening or if you are unsure if an employee is disabled.
Consider obtaining medical evidence either from employee’s GP or an independent occupational health therapist.
You are under a duty to make reasonable adjustments to premises or working practices to help disabled applicants and employees.
Do not ask potential employees to complete pre-employment health questionnaires.
Tip 5: Grievances
First try and resolve the grievance informally.
Send the employee a copy of the company’s grievance procedure.
If you receive a formal grievance – investigate and then invite employee to a grievance meeting and allow employee to explain their grievance.
Take minutes of all hearings and ask employee to confirm they are correct.
Allow the employee the right to be accompanied at all hearings.
Confirm your decision in writing setting out your reasons.
Employee has the right to appeal against any decision.
Follow the ACAS code – failure could result in uplift in compensation of 25%.
Tip 6: Discrimination
Discrimination normally happens when an employer treats one employee less favourably than another.
You must not discriminate on the grounds of race, sex, sexual orientation, disability, religion or belief, age, transsexualism, pregnancy, marriage/civil partnership, working part time or on a fixed term contract.
There are four forms of discrimination:
- Direct discrimination – when someone is treated less favourably than others in the same circumstances.
- Indirect discrimination – when someone puts in place rules that apply to everyone but put someone else at an unfair disadvantage because of a protected characteristic.
- Harassment – unwanted or uninvited behaviour that is offensive, embarrassing, intimidating or humiliating.
- Victimisation – when a person is treated less favourably than someone else because they have complained about discrimination, or supported someone else who has.
Tip 7: Probationary periods
Monitor the employee during the probationary period.
Consider extending the probationary period – inform employee and confirm in writing.
If the employee is still not performing, consider dismissal - see above re: disciplinary procedures/ performance management.
Consider whether employee has raised any issues such as health and safety, trade union involvement, whistleblowing, discrimination - if so, speak to HR before taking any further steps.
Tip 8: Dismissals
You must be able to show you have a fair reason for dismissal. Currently five fair reasons for dismissals – conduct, capability e.g. performance or sickness, redundancy, illegality and some other substantial reason.
Note – retirement is no longer a fair reason.
You must be able to show you followed a fair procedure - refer to the company's disciplinary procedure.
Employees will need two years service to qualify for unfair dismissal.
Note – no qualifying service required where dismissal is because of a discriminatory factor (such as their age, sex, race, disability etc) or because of health and safety reasons, trade union involvement, pregnancy, whistleblowing.
Tip 9: Bullying and harassment
Familiarise yourself with the company’s procedures.
Bullying and harassment comes in many forms e.g. work place “banter,” emails containing “jokes,” incidents at workplace functions (which may take place outside working hours).
Any concerns raised, deal with sensitively and follow company procedures.
Tip 10: Contact HR
Any doubts or concerns contact HR or your legal adviser!
To discuss any HR or employment queries call our team on 0113 320 5000 or email @email
