Employment Practice

Recruiting, familiarising, and training an employee in the principles and practices of a particular employer is costly. The dismissal of an employee means that such costs are written off - and may well be incurred again as far as any replacement employee is concerned. However, of far greater concern is that the dismissal might generate an Employment Tribunal case for unfair dismissal and potential liability of £55,000 (February 2004) plus the costs of the case. Commentary It should be possible, to convert the unacceptable behaviour of many employees into that which is acceptable. However, where it is not, then any decision to dismiss needs to be considered very carefully, not least since any decision found to be unfair could be very costly to the employer and will also be subject to scrutiny by remaining employees. A decision to dismiss should therefore only be taken: a. as a last resort; b. after calm consideration, and reconsideration, of the events which led to the decision; c. afte...

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 ...

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...