At the Employment Tribunal

The judge said it is not unusual that an employee does not know who his employer is, or that an employer does not know what staff he has! Last week I went to an Employment Tribunal with my client.  It was a learning experience for both of us.  No! It wasn’t my client, nor me, who was the Respondent.

Attending the tribunal confirmed that HR is an investment to save you money, time and heartache in the long term. 

Caterer vs Care Home + Local Authority + possibly Employment Agency

The first case was brought by a woman who worked as a caterer at a care home for 16 years prior to dismissal.  Her claim was against the care home and the local authority.  But wait!  The judge decided that a third party (a well known employment agency)  might also be involved and because they weren’t present to defend themselves he felt it only right to adjourn.  As there is a very long waiting list of claims to be heard the next available date is April 2013.

The judge told those present that it is not unusual for a tribunal to find that a member of staff does not know who their employer is, or for an employer to find that he has staff he didn’t know he had.  He went on to say that Regulations governing transfers between organisations – the TUPE regulations [Transfer of Undertakings (Protection of Employment) Regulations] – are quite complex and it is not surprising that confusion arises.

Cleaner vs Cleaning Company

So, we left Tribunal Room 5 and headed to Tribunal Room 2.  Sitting at the top table were the judge and 2 lay people – at least he had company whereas the previous judge had to make decisions on his own.  As with the first hearing, the Claimant was not represented, and neither was the Respondent.

The ex-employee, a cleaner, was a non-English speaking woman.   This was the second day of a 2-day hearing.  An interpreter was needed to ensure that the judge and panel, the MD who was the Respondent, and the Claimant, knew what each was saying – quite tiring for the interpreter and the judge said she did a tremendous job.

After listening to the evidence there was a lengthy adjournment, and when we returned to the room the judge stated that the case was not straightforward.  Before the end of her maternity leave, the woman had sent a letter of resignation to her employer but phoned soon after to ask to rescind it and requested to return to work on a part-time basis before the end of her maternity leave. Her requests were refused.  There were other issues that were discussed and taking them all into account the judge and panel came to the conclusion that the reason for termination was indeed resignation, and therefore her claim of constructive unfair dismissal was dismissed.  However, the Claimant was awarded compensation in relation to her sex discrimination claim.  The award was £3,000 linked to the fact that Statutory Maternity Pay was late on two occasions, making this direct sex discrimination.  This is a brief summary of the case and it was very interesting to hear how the panel came to their conclusion.

 Judge gives us his time

At the end of the hearing the judge asked my colleagues and me to remain and we were treated to a question and answer session, although not to discuss the details of the case but rather the proceedings.

5 Top Tips to be prepared in case …

1. Keep accurate HR records.  You don’t know when they’ll be needed.  Your contract of employment is always important but also evidence that you treat people consistently and fairly.  If you don’t know what and when things happen, how can you defend yourself?
2. Use your disciplinary and grievance processes.  However, deal with issues before ‘a molehill becomes a mountain’.  Use the informal route first. I have seen many a member of staff turn-around their conduct or performance when an issue is brought to their attention informally.  But if improvements are not made you may need to use your formal processes just in case you find yourself in front of a judge at a tribunal.
3. Document and communicate changes in the business.  If you are clear about the changes then your staff will be too.  It can avoid the issue as mentioned in the first case we heard where it isn’t clear who is the employer.  But having said that, it still may be unclear and it will take an employment tribunal to work it out!
4. Pay people when pay is due, or explain the issues if it looks like pay may be late.  Your staff should be paid what they have been promised – it’s part of your contact.  Any deductions, non payment, late payments may be viewed as unlawful deductions of wages.  In the case I heard, it came down to sex discrimination because the payment was for Statutory Maternity Pay.  People are usually understanding if issues have been communicated to them and they know the reasons.  For any deductions that are not the norm, these should be notified prior to staff receiving their pay.
5. Don’t wait for something to go wrong before putting into place good HR management practices. A big impact on a small business, besides the compensation payments that may be awarded by the tribunal, is the time taken to prepare and attend the hearings.  It may not only be the business owner or senior management who will attend the tribunal but other staff may be needed as witnesses.  The impact on productivity and morale in a business cannot be underestimated.  And, the hearing may be adjourned and continue on another day – more time away from the business!  The average unfair dismissal award is £9,000 (from employment tribunal figures for 2011-2012) and this can be a big expense for a small business.

Find out how we can help you to put in place practical HR management practices because prevention is better than cure.

We help to manage HR in your business from helping set up your HR records, to dealing with performance and absence, contact us. Based in Aylesbury, we also support businesses in the surrounding areas of Oxford, Thame, Berkhamsted, High Wycombe, and London.  We help businesses without their own HR department and those with an HR team who need help from time to time.  

T : 07767 308 717

E : hr.support@embracehr.co.uk

A : Elsinore House | Buckingham Street | Aylesbury | HP20 2NQ

W: www.embracehr.co.uk

Learning and Development contributes to the bottom line

Budgets tight for learning and development?

HR often finds that training and learning and development (L&D) functions feel the pinch in difficult times. But this should be the time that L&D is crucial because when business picks up it’s important to have the skills, knowledge and experience that is needed for the future. People have different learning styles and there are so many different methods of learning that don’t need to cost too much. And learning and development does contribute to your bottom line – “organisations that prioritise it in hard times are two and a half times more likely to survive a recession” (CIPD podcast click here to listen to the CIPD podcast on the subject) .

Align learning and development with business goals and objectives

To identify what learning is required in your business it’s best to align your L&D Plans with your company goals and objectives.  Its good to have your L&D Plans ready for the new year.

5 Top Tips for Meaningful Learning and Development

1. Identify the skills, knowledge and experience your business needs to achieve its goals for the year (and beyond).
2. Develop Learning and Development Plans for organisational, team and individual L&D and involve your staff in the development.
3. Plan the learning over a period of time – preferably a year or more – but flexibility is important to take account of business needs.
4. Evaluate the learning and development activities throughout the year as goals and objectives may change and so will your L&D requirements.
5. Make use of 6-monthly or annual reviews, team meetings or staff meetings to involve your employees in evaluating and setting L&D Plans.

Where learning is aligned to your organisation’s goals and objectives it becomes part and parcel of the way things are done.  The learning will be focused and employees can see how they have achieved the businesses objectives and how they have helped to contribute to success. This is a cornerstone to building morale, motivation and meaningful learning and development which has a positive impact on your bottom line.

We have built a robust learning and development culture in SMEs and if you would like to discuss your plans in more detail please do contact us.

Rising National Minimum Wage

Each October the National Minimum Wage (NMW), amongst other statutory rates, is increased. Here is a quick reference of increases from 1 October 2012.  Detailed information on who should be paid the NMW and the records you need to keep can be found here.

• £6.19 per hour for workers aged 21 years and over
• £4.98 per hour for workers aged 18-20 years (this rate remains unchanged)
• £3.68 per hour for workers aged 16-17 years
• £2.65 per hour for Apprentices aged 19 years and under
• £2.65 per hour for Apprentices aged 19 years and over in their 1st year of their apprenticeship (after they have completed their 1st year they are entitled to receive the National Minimum Wage depending on their age).

For help with employment contracts or advice on employing people contact Cecily Lalloo at Embrace HR.  Based in Aylesbury, we also support businesses in the surrounding areas of Oxford, Thame, Berkhamsted, High Wycombe, as well as London.  We help businesses without their own HR department and those with an HR team who need help from time to time.  

T : 07767 308 717

E : hr.support@embracehr.co.uk

A : Elsinore House | Buckingham Street | Aylesbury | HP20 2NQ

W: www.embracehr.co.uk

Recruiting?

With my colleague and Associate, Ines Respini-Jones, I worked on a project to recruit a new member of staff for her client.  It’s great working with an associate – we bring different skills and knowledge to the table.

So what are we doing to help the client?

Following a briefing from her client, we started by writing the job advertisement and finish by introducing qualified candidates to the client on a shortlist – happy to say that the job was offered to one of our candidates, and accepted!  Our fee is for the effort we place in searching, selecting, carrying out the initial telephone interview and shortlisting candidates.  We saved the client the time and effort of sifting through countless CVs.  Unlike conventional recruitment agencies, we do not charge a percentage fee when a candidate is placed.

This is how we do it

• Hold an initial meeting with the client to discuss their recruitment assignment
• Write the job advertisement
• Post the job on selected job boards, local listings and social media
• Filter and manage CVs
• Carry out initial telephone interviews to check eligibility and qualify candidates for the role
• Shortlist
• Brief the client on the shortlisted candidates
• Provide details from the telephone interview
• If required, arrange interviews and advise the candidates in writing of the detail for the interview
• Keep in contact with the client.

Is the chemistry right?

Our client concentrates on the shortlist knowing that all the candidates will have the knowledge, skills, and experience for the role – all the client needs to do is check for c-h-e-m-i-s-t-r-y!

‘Fit for purpose’ is a phrase we hear time and again.  And it is so important to ensure that a future employee is a right fit for the business.  Each business has its own DNA, it’s own way of doing things.  Not everyone will agree with a particular culture or the values of the business.  Sometimes an employee may not agree with the way things are done, and very often they are the people who are hanging on in the business, often unhappy, waiting for something else to come along.

10 Tips for top selection

My 10 tips for top selection, after you have qualified your candidates are :

1. Take time to plan the interview
2. Don’t only rely on face-to-face interviews use other methods of assessment
3. Involve members of staff in providing case studies for the interview assessment
4. Introduce candidates to staff and allow them some time together
5. Stick to interview times, allow more time rather than less between interviews
6. Explain the terms of employment e.g. holiday and other benefits
7. Make sure the candidate knows your expectations
8. Take time to make a decision based not only on present skills and experience but the candidate’s potential to grow and develop and fit into the business
9. Inform the candidate as soon as possible of the outcome
10. At the beginning of employment, plan a very good induction over a number of months.

If you take the time to explain all the basics from the start, you will find an employee who is eager to join because they know that your business is the type of business they want to work with.  And if you ensure you have the right person, the right induction, the right development, the right rewards – you will be in a good place to retain the right talent for your business.

For more information about this service to our clients contact Cecily Lalloo at 07767 308 717 or email cecily.lalloo@embracehr.co.uk or Ines Respini Jones on 07977 409512.

HR Associates is a collaboration between

Embrace HR and Simply HR Consulting.