The Employment Law & HR Podcast

Employee Grievances: Part 3 Conclusion, Appeal & Points to Note

This episode of the podcast is the third in a mini series focusing on Grievances and how to deal with them.

There will be one further episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • Things to consider in reaching your conclusion.
  • How to approach the conclusion and support your findings and outcome.
  • What to include in your conclusion.
  • The appeal process.
  • The importance of considering mediation as an option throughout the process.
  • What to consider if the grievance is about a colleague or line manager.
  • How to handle employee grievances raised in the disciplinary process.
  • Why you need to be cautious with employees raising 'tactical grievances' at the same time as 'without prejudice' settlement negotiations.
  • How to deal with employees who raise a grievance whilst absent from work due to work stress or for mental health reasons.

Action Points

  1. Ensure that any conclusion you reach in an investigation process is supported by the evidence you have obtained.
  2. Where possible give a full explanation for your investigation findings.
  3. Do not delay in dealing with grievances raised at the same time as a settlement offer.
  4. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

ACAS Guidance on conducting workplace investigations Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_99.mp3
Category:general -- posted at: 2:00am EDT

Employee Grievances: Part 2 Investigation

This episode of the podcast is the second in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 2 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • How to approach the grievance process.
  • Things to consider when assigning a grievance investigator.
  • The importance of planning and setting out the scope and purpose of the investigation.
  • The principles of reasonableness, objectivity and fairness of the investigation.
  • The importance of confidentiality and why it is tricky to manage.
  • How to plan and prepare for meetings with employees and witnesses.
  • Why evidence gathering is essential in assisting you reach the right outcome.
  • How to shape the investigation report and resources available to help.

Action Points

  1. When you receive a grievance from an employee act quickly and assign an investigator.
  2. Ensure that the investigator has appropriate training or resources at hand to assist with the investigation.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

ACAS Guidance on conducting workplace investigations Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_98.mp3
Category:general -- posted at: 3:41pm EDT

This episode of the podcast is the first in a mini series focusing on Grievances and how to deal with them.

There will be at least a further 3 episodes on this topic finishing with an episode on Frequently Asked Questions so if you have a question that you would like covered please email me alison@realemploymentlawadvice.co.uk or leave a comment below.

In this episode I will cover:

  • Why it is important to identify a grievance even when it may not be obvious!
  • The importance of handling grievances well.
  • The impact and potential legal consequences of failing to deal with grievances correctly.
  • The starting point for any employer when considering grievances.

Action Points

  1. Have a good internal grievance procedure;
  2. Ensure that managers and HR personnel are aware of how to spot and deal with grievances.
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

ACAS Code of Practice Here

ACAS Guidance Here

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with grievances and produce a grievance procedure for our clients. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_97_Final.mp3
Category:general -- posted at: 6:00am EDT

Can an employee rely on the failure to pay National Minimum Wage to claim constructive unfair dismissal?

In this episode of the podcast I cover a case, which is rather unusual, in that an employee was paid just 33p per hour. When she resigned and claimed constructive unfair dismissal her claims were initially unsuccessful as she did not know that she was entitled to minimum wage and that her employer was therefore in breach. The case is Mruke v Khan in the Court of Appeal.

In this episode I will cover:

  • The National Minimum Wage rates (as below);
  • The unusual facts of this case;
  • Background to a successful constructive unfair dismissal claim.

Action Points

  1. Ensure that you pay the National Minimum Wage - new rates: 25+ £7.83; 21-24 £7.38; 18-20 £5.90; 16-17 £4.20; apprentice £3.70.
  2. Check your salaried employees to make sure that their hourly rate does not drop below the new rates;
  3. Seek advice and expert support at the earliest opportunity if a dispute arises.  

Useful Links

You can read the full case here: Mruke v Khan - Court of Appeal 2018

 

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_96_Final.mp3
Category:general -- posted at: 6:13am EDT

What can an employer do to resolve issues without lengthy procedures? 

In this episode of the podcast I run through the procedure for trying to resolve issues with employees without the need for lengthy procedures particularly when you have not already done anything about it previously.

In this episode I will cover:

  • The options available;
  • What 'protected conversations' are and how they work;
  • Why you may wish to make a settlement payment to an employee;
  • Questions to consider before starting the 'protected conversation';
  • How to start a settlement conversation with an employee;
  • What paperwork to produce and when;
  • How allowing the employee paid leave can be a good tactic;
  • How long you should give the employee to decide;
  • An example of the type of scenario that can arise.

Action Points

  1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay;
  2. If you have delayed or failed to address issues and you want to bring an issue to a conclusion without a lengthy process consider settlement discussions;
  3. Seek advice and expert support at the earliest opportunity. 

Useful Links

Episode 28 of the Podcast - Settlement Agreements

As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_95_-_final.mp3
Category:general -- posted at: 10:50am EDT

What can a manager do to assert their authority and continue to manage an employee who has a grievance against them? 

In this episode of the podcast I attempt to answer a great question from a listener about the practicalities of managing someone who has raised a grievance against you in response to your addressing performance or capability issues. An interesting question and a scenario that arises all too frequently.

In this episode I will cover:

  • My advice on how to avoid a grievance scenario in the first place;
  • Why employees often feel aggrieved when performance or capability issues are raised;
  • Why communication is the key in managing employees;
  • My thoughts on grievance procedures and why they do not need to be long drawn out processes;
  • Tips on how best to continue to proactively manage an employee even when there is a grievance process.

Action Points

  1. Do not avoid difficult conversations with employees. If there is an issue to discuss you need to do so immediately and without delay;
  2. Ensure that managers and supervisors who have line management responsibilities have some form of management training;
  3. Give your managers and supervisors support with difficult employees and play a hands on role to resolve the issues;
  4. Do not drag on grievance processes unnecessarily, there is no reason why it has to take months to investigate;
  5. Seek advice and expert support before a dispute arises. 

Useful Links

As part of our HR Harbour annual subscription service for employers we provide guidance and support for managers, which can include training on being a better manager and having difficult conversations. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £150 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_94_Final.mp3
Category:general -- posted at: 7:00am EDT

Will an employer be expected to know an employee is disabled if the occupational health report says otherwise

In this episode of the podcast I cover a case from the Court of Appeal which has dealt with this question and the broader issue of an employer's constructive knowledge of disability and when this triggers the requirement to make reasonable adjustments.

The case is Donelien v Liberata UK Limited

In this episode I will cover:

  • The facts of the case;
  • Background to the relevant discrimination legislation;
  • The relevance of the case given the fact that it was decided under the Disability Discrimination Act;
  • The decision of the Court of Appeal;
  • Why it is important for employers to obtain as much information as they can about an employees condition before making decisions about reasonable adjustments and/or dismissal.

Action Points

  1. If you suspect an employee may be disabled it is important to get advice;
  2. Whilst occupational health reports are helpful caution should be taken when relying on their content alone;
  3. Seek advice on your legal obligations before dispute arise. 

Useful Links

Donelien v Liberata UK Limited - Court of Appeal 

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

Direct download: Episode_93_final.mp3
Category:general -- posted at: 3:21pm EDT

What happens when an employee makes a claim against you in the Employment Tribunal?

In this episode of the podcast I summarise the process that occurs after an employee sends their claim form to the Employment Tribunal and what you will need to consider as an employer defending a claim.

In this episode I will cover:

  • The first notification stage - when you will find out if there is a claim against you;
  • The time limit for returning your defence;
  • How the Tribunal issue directions for preparation;
  • The type of preparation required;
  • The timing for preparation in advance of the final hearing.

Action Points

  1. If you receive a claim form or notification from the Tribunal do not delay;
  2. Seek advice and ensure that you meet the Tribunal deadlines and timetable. 

Useful Links

ACAS Early Conciliation explained: Episode 3 

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
 

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Real Employment Law Advice Logo

 

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

 

Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh

Direct download: Episode_92_Final.mp3
Category:general -- posted at: 7:12am EDT

Answers to some questions you may have about the GDPR 

Following on from the last two podcast episodes (89 and 90) I round off this mini series on the GDPR and provide you some of the questions that have arisen in discussion and from my own enquiries for my business.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can becostly. In this podcast I bring you questions and answers to some questions you may have.

In this episode I will cover answers to the following questions:

  • Does the GDPR apply to information held about a business?
  • Are there extra considerations if we employ children?
  • Do all businesses need a data protection officer?
  • Who needs to know about the GDPR in my business?
  • Do I need to delete all old employee information I have?
  • If I only keep paper records does the GDPR still apply?
  • If we use software to hold employee data what do we need to do about this?
  • Is it necessary to have consent in all cases if we are holding and processing data?

Action Points

  1. Listen to the podcast and follow the action points;
  2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_91_Final.mp3
Category:general -- posted at: 5:58am EDT

As an employer what actions should you be taking to comply with the GDPR 

Following on from the last podcast (episode 89) I continue to provide you with an overview of the 'GDPR' and what you will need to know as an employer.

The General Data Protection Regulation (GDPR) comes into force in the UK and across the EU on the 25th May 2018 and is the first major overhaul of Data Protection rules and regulations since the Data Protection Act 1995.

The GDPR is important for businesses who hold any type of data, whether about customers, contacts or employees, and the fines for getting it wrong can be very costly. In this podcast I bring you an action list to get started on ensuring your business is compliant with the GDPR from an employers perspective.

In this episode I will cover:

  • Consent issues for employers;
  • Actions you should take and why;
  • Ways in which you can simplify your compliance with the GDPR.

Action Points

  1. Listen to the podcast and follow the action points;
  2. Contact us for a free copy of the action points and checklist - email GDPR@realemploymentlawadvice.co.uk
  3. Sign up for updates and alerts from the information commissioner;
  4. Diarise time to take action on the GDPR;
  5. Consider assigning a Data Protection Office or champion in your organisation. 

Useful Links

Information Commissioner Guidance: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/

Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

 
Direct download: Episode_90.mp3
Category:general -- posted at: 8:06am EDT