Employment Practice

Key points §   Most employees have the right to receive a written statement from their employer explaining the principal terms and conditions of their employment. The statement must be issued within two months of the date on which the employee's employment began, and must, in every case, contain a note giving the name and/or job title of the person to whom the employee can apply for the settlement of any problem or grievance arising out of his employment, and the manner in which any such application should be made. Furthermore, if an employee can appeal to progressively higher levels of management until his grievance is resolved, the written statement must explain those steps or, at the very least, refer the employee to some other document that is reasonably accessible to him, and explains them (sections 1 and 3, Employment Rights Act 1996). Note  The written statement of employment particulars referred to above must be issued to every employee, regardless of...

Procedure Draft Checklist Notice At least three months notice of the intent to relocate will be given in writing to those affected. Employees will be told, either that they are required to work at the new location or that they may work there if they wish, or that they are not required to move. Employees will be requested to confirm in writing whether they are interested in relocating within one month from the date of the letter of notice of relocation. When confirming their interest, they will also be required to confirm that they have placed their existing property on the market at a figure recommended by a local agent, or, if occupying leased property, that they have given appropriate notice, and that they have registered their housing requirement with a named agent at the new location. Location inspection During the month after the notification of the relocation, visits to the new location and its surrounding area will be arranged for all employees considering ...

Most organisations use notices and notice boards to convey much of the information that they feel their employees should have, in order to keep them informed. Unfortunately, very often there is no control over the issuing of notices and many notice boards become swamped, with the effectiveness of new material impaired by numerous old notices, many of which may be well past their effective date. The challenge is to keep notices fresh and uncluttered so that notice boards are read, rather than passed by. This may be easier with electronic notice boards operated via an intranet but research indicates that most people do not like reading on-screen text. Procedure Whether traditional or electronic notice boards are used, the following guidance may be helpful in attempting to keep the messages required to be displayed, fresh and pertinent. Suggested Checklist 1. To be effective, data for display must be written in the language and for the understanding of the recipient, and be presented in a...

First Aid is action carried out by laypersons to preserve life pending attendance by a trained medical practitioner. Employers should stipulate that those carrying out first aid should never initiate action which goes beyond the limits covered by this definition. As well as providing assistance in the event of injury, etc., employers are also required to notify appropriate authorities under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) of all reportable incidents affecting everyone on their sites whether employed or visiting. The 1995 revision of the regulations requires employers to report acts of non-consensual physical violence done to a person at work. Legal Obligations Under the Health & Safety (First Aid) Regulations 1981 (and the revised code of practice issued in 1997) (available from Health & Safety Executive, PO Box 1999, Sudbury, Suffolk CO10 6FS - Tel 01787 881165) an employer is obliged to provide: suitable first aid staff and s...

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...

1. In the event that any employee feels that (s)he has suffered discrimination in any way, the company's Grievance Procedure should be utilised. 2. If the complaint is against the employee's own immediate or other superior, confidential application should be made to [name/ position], who may authorise immediate reference to the next tier of management if this seems appropriate in the circumstances. 3. In instances of sexual harassment, as far as possible, the anonymity of the complainant should be protected. 4. Any employee who discriminates, bullies or harasses another, may be liable for payment of damages to that person, in addition to any damages payable by [the company] should it have failed to ensure the practice ceased forthwith. Note Under the Criminal Justice Act 1994, a criminal offence of harassment was created. This could mean employees who harass or bully could be fined (maximum £5,000) and/or imprisoned (for up to 6 months). These sanctions were considerably inc...

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...

At times employers may wish to restrict employee access to the premises and/or access to 'sensitive' parts of their premises. Such restrictions must be clearly advised so that those involved are in no doubt regarding the requirements. This is particularly relevant to computer suites and to those organisations vulnerable and attractive to terrorists, or to industrial espionage. Electronic access equipment may not only provide additional security but may also provide an attendance record, and even payroll input. Commentary Controls over access may be best implemented by a written procedure covering both employees and visitors. Access Procedure 1. Employees access the premises of [the Organisation] using the electronic card keys in the externally sited mechanisms adjacent to the entrances. A personal access card (with an individual number) is issued on employment - and its use is restricted to the particular employee to whom it was issued. The card must be inserted in the control ...