Employment Practice

The death of an employee is always untimely whether it is anticipated or unexpected, and needs to be handled with tact, discretion and sincerity, which will be easier to achieve if eventualities are considered and planned for in advance, with alternative tactics (and their results) considered and determined when there is no urgency. Commentary Where the death of an employee is anticipated, this gives an opportunity for consideration of alternative steps in advance of the actual death. Suggested Procedure Contact the employee (or a nominated member of their family, should the employee not be capable of dealing with the situation) to ask whether they wish to be made aware of entitlements. Only if the employee and the family wish to discuss it, prepare a schedule comprising: Benefits and options under the pension scheme. These should be carefully examined in conjunction with pension advisers since it may be that by taking an immediate pension during life, rather than obtaining death in se...

Commentary Employee assistance (counselling) programmes are now operated by around 80% of the top 500 American companies and are becoming increasingly popular in the UK. A recent survey indicated that approaching 200 UK companies had such programmes, finding them of considerable value not only helping to solve problems, but also in improving workplace relationships generally. If nothing else the programmes should indicate that the employer cares about the welfare and long-term health of its workforce. Whilst the employer sets the programme up and provides information on how advice can be sourced (that is via a comprehensive communication of both problems and suggested alleviation), the process relies on the employee making the contact and acting on the advice. Buying an external resource with guarantees of confidentiality etc., should encourage employees to use the system with confidence that nothing will be relayed to the employer without their permission. Internal Resource Whilst it ...

Background 'Our employees are our greatest asset' is one of the most repeated and probably hypocritical comments in 'corporate promotion-speak'. Employees are many organisations greatest cost and employers need to maximise the return from such investment. Thus, items covered in FAMILIARISATION, TRAINING, COMMUNICATION and KEEPING THE TEAM sections are essential concomitants towards achieving this end and maximising the capability of employees. Employers may also have to deal with those lacking capability. Commentary In FAMILIARISATION, it is suggested that a process as long as a year should be utilised to ensure newcomers find their feet and are properly assimilated into the Organisation. Similar support may be needed with longer service employees, particularly when they are affected by change. The process is ongoing and essential - and the investment may be swiftly repaid. Complacency is a danger here and the answers to certain key questions may need to be checked. Whi...

Background Whilst harassment is normally taken to refer to sexual advances, talk or innuendo, bullying can relate to a whole range of other activities which, unless checked could result in serious injury - and become the liability of the employer (being responsible for what occurs in the workplace). Bullying and harassment, whether it is on racial, sexual, sexual orientation, religion and/or disability grounds, is discrimination. Under the Criminal Justice Act 1994 harassment is a criminal offence punishable by a fine of up to £5,000 and/or imprisonment of up to 6 months, and under the Prevention of Harassment Act 1997 these penalties were considerably increased. Commentary The Criminal Justice Act defines bullying as, with intent, causing a person harassment, alarm or distress by using threatening, abusive or insulting words or behaviour, or disorderly behaviour or displaying any writing, sign or other visible representation which is threatening, abusive or insulting. The European Com...

Background Most will agree that those found guilty of an offence should have a right of appeal and this principle applies within the employment relationship. Every employer must have DISCIPLINE and GRIEVANCE procedures incorporating the right of appeal. Ideally, appeals should be heard by someone other than those involved in its determination reviewing the case and reconsidering the decision (and/or the sanction) made. Commentary The DTI report ('Industrial Tribunals, Workplace Disciplinary Procedures and Employment Practice') indicated that employers who do not have and use effective disciplinary and grievance procedures, are more likely to lose tribunal cases. The most common failings were management not giving employees a chance to state their case or to appeal to someone not involved in the case. The Appeal process under the disciplinary procedure could use the Grievance procedure as the appeal clause. This has the advantage that since it is a procedure used for non-discipl...

Adoption Employees who adopt are entitled to adoption leave and adoption pay. However, the legislation does not grant these rights to employees who adopt having previously been the child's foster parents or to step-parents who adopt their partners child(ren). Commentary An adoption takes effect (and the rights are generated by) a registered Adoption Agency confirming an adoption date on a 'Matching Certificate' (MC) and the name of the 'main parent'. The week that adoption takes place is called the 'Matching Week' (MW) and adoptive parents are termed either 'main' parent or 'other' parent. Adoption rights are available to single sex couples. Entitlement Ordinary adoption leave (OAL) is the first 26 weeks leave. Additional adoption leave (AAL) is a second period of 26 weeks leave. Married couples, male and female couples, and single sex partners can adopt and become eligible for benefit but to qualify they need to have worked for their employe...