EMPLOYMENT LAW & MANAGING STAFF

What’s new?Repeal of statutory disciplinary and

grievance proceduresNew ACAS Code of PracticeExtension of flexible working rightsExtension of paid statutory holiday

entitlementRedundancy dismissals

New Code of PracticeDoes not apply to redundancy or non

renewal of fixed term contractsSemi- voluntary- tribunal will take into

account the CodeTribunals can adjust any awards by up to

25% for unreasonable failure to complyConsider using independent 3rd party to

resolve problemTry informal resolution 1st

Consider having separate procedure for bullying, harassment or whistleblowing

The Code itself:

Develop rules and procedures for handling disciplinary and grievance to promote fairness and transparency

Involve employees and representatives, train

Formal actions taken can depend on size and resources of employer

Deal promptlyBe consistent

Disciplinary issuesEstablishing facts

Quickly investigate by holding a meeting or collating evidence

Different people should investigate to ones that carry out disciplinary hearing, where practicable (misconduct cases)

Is there a case to answer?

• Informing the employeeNotify in writing- time, venue, right to be accompaniedSufficient information about allegation and possible

consequencesInclude written evidence/witness statements

Disciplinary issues…cont’dHold a meeting

Allow employee reasonable time to prepare their case

Parties must make effort to attendCan call witnesses, but give advance notice 1st of

intention to call• Allow companion

If hearing to result in formal warning, or some other disciplinary action or at appeal

Fellow worker, TU representative/officialCompanion can address hearing, sum up case,

confer and respond on views expressed at meeting

Appropriate ActionsAFTER the meeting, decide if action justified and

confirm in writing Written warning, then final written – set out nature of

misconduct or poor performance, and change required with timescale, currency of warning, and consequences after final written

If sufficiently serious or harmful effect on organisation, can move directly to final written warning

Dismissal must be taken by manager with authority. Confirm EDT, notice, right of appeal

Give examples of gross misconduct, follow fair processWhere persistent non-attendance without good cause,

make decision on evidence available

AppealsEmployee should appeal if they feel decision

wrong.Let employer know the grounds for their

appeal in writingHear appeals quickly, at agreed time and placeDeal with it impartially, by manager not

previously involved wherever possibleEmployees have right to be accompaniedInform employees in writing of results asapSpecial cases: trade union representative,

criminal convictions

Grievance= concerns, problems or complaints that

employees raise with their employersRaise formal grievance if cannot resolve

informallyWithout unreasonable delayWith manager who is not subject of grievanceIn writing, set out nature of grievance

• Hold meetingQuicklyParties to make effort to attend meetingConsider adjournment for investigation if

necessary

Grievance…cont’dRight to companion where complaint is about duty

owed by employer to worker decide on appropriate action, if any, following

meeting.Quickly, communicate to employee in writing, set out

what action to be taken to resolve greivanceInform of right to appeal

• Allow appeal if employee feels unsatisfiedEmployee should put in writing, quickly, letting

employer know grounds for appealHear appeal quickly, where possible by manager not

previously involved, confirm outcome in writing• Overlap- either suspend or hear concurrently

Other developmentsFlexible working requests

Extended to carers of children up to 16 years old (18 if disabled)

Rejection on limited grounds o planned structural changes o the burden of additional costs o a detrimental impact on quality o the inability to recruit additional staff o a detrimental impact on performance o the inability to reorganise work among existing staff o a detrimental effect on ability to meet customer demand o lack of work during the periods the employee proposes to

work

Other developmentsHoliday

Increased to 5.6 weeksInclusive of public holidaysNew ACAS leaflet:http://www.acas.org.uk/CHttpHandler.ashx?

id=955&p=0

Other developmentsRedundancy dismissals

Since Sept 2008, 132,650 made redundant1personneltoday.com

ACAS booklet: http://www.acas.org.uk/index.aspx?articleid=747

No set consultation period for consultation if less than 20Must individually consult, in good timeComplete consultation before giving notice Consult on:

o Reasons for proposals, o numbers and descriptions (pool),o Way in which selected (criteria),o How dismissals will be carried out, including timingo Method of calculating redundancy pay

Ways to avoid redundancies

• Look at your contracts- allocation of other duties; mobility clauses• lay-offs/ short –time working• Pay freeze/ reductions• recruitment freeze• sabbaticals/secondments• benefits freeze• flexible working

Any questions?

THANK YOU

LIN HINSON

0870 161 3292

30 Eldon Business Park, Eldon Road,

Attenborough, Nottingham,

NG9 6DZ

Lin@hinsonconsultancy.co.uk