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EMPLOYMENT LAW

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... the grounds for their appeal in writing. Hear appeals quickly, at agreed time and ... concerns, problems or complaints that employees raise with their employers ... – PowerPoint PPT presentation

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Title: EMPLOYMENT LAW


1
EMPLOYMENT LAW MANAGING STAFF
2
Whats new?
  • Repeal of statutory disciplinary and grievance
    procedures
  • New ACAS Code of Practice
  • Extension of flexible working rights
  • Extension of paid statutory holiday entitlement
  • Redundancy dismissals

3
New Code of Practice
  • Does not apply to redundancy or non renewal of
    fixed term contracts
  • Semi- voluntary- tribunal will take into account
    the Code
  • Tribunals can adjust any awards by up to 25 for
    unreasonable failure to comply
  • Consider using independent 3rd party to resolve
    problem
  • Try informal resolution 1st
  • Consider having separate procedure for bullying,
    harassment or whistleblowing

4
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 promptly
  • Be consistent

5
Disciplinary issues
  • Establishing 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 employee
  • Notify in writing- time, venue, right to be
    accompanied
  • Sufficient information about allegation and
    possible consequences
  • Include written evidence/witness statements

6
Disciplinary issuescontd
  • Hold a meeting
  • Allow employee reasonable time to prepare their
    case
  • Parties must make effort to attend
  • Can 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/official
  • Companion can address hearing, sum up case,
    confer and respond on views expressed at meeting

7
Appropriate Actions
  • AFTER 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
    process
  • Where persistent non-attendance without good
    cause, make decision on evidence available

8
Appeals
  • Employee should appeal if they feel decision
    wrong.
  • Let employer know the grounds for their appeal in
    writing
  • Hear appeals quickly, at agreed time and place
  • Deal with it impartially, by manager not
    previously involved wherever possible
  • Employees have right to be accompanied
  • Inform employees in writing of results asap
  • Special cases trade union representative,
    criminal convictions

9
Grievance
  • concerns, problems or complaints that employees
    raise with their employers
  • Raise formal grievance if cannot resolve
    informally
  • Without unreasonable delay
  • With manager who is not subject of grievance
  • In writing, set out nature of grievance
  • Hold meeting
  • Quickly
  • Parties to make effort to attend meeting
  • Consider adjournment for investigation if
    necessary

10
Grievancecontd
  • Right 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 greivance
  • Inform of right to appeal
  • Allow appeal if employee feels unsatisfied
  • Employee should put in writing, quickly, letting
    employer know grounds for appeal
  • Hear appeal quickly, where possible by manager
    not
  • previously involved, confirm outcome in writing
  • Overlap- either suspend or hear concurrently

11
Other developments
  • Flexible working requests
  • Extended to carers of children up to 16 years old
    (18 if disabled)
  • Rejection on limited grounds
  • planned structural changes
  • the burden of additional costs
  • a detrimental impact on quality
  • the inability to recruit additional staff
  • a detrimental impact on performance
  • the inability to reorganise work among existing
    staff
  • a detrimental effect on ability to meet customer
    demand
  • lack of work during the periods the employee
    proposes to work

12
Other developments
  • Holiday
  • Increased to 5.6 weeks
  • Inclusive of public holidays
  • New ACAS leaflet
  • http//www.acas.org.uk/CHttpHandler.ashx?id955p
    0

13
Other developments
  • Redundancy dismissals
  • Since Sept 2008, 132,650 made redundant1personnelt
    oday.com
  • ACAS booklet http//www.acas.org.uk/index.aspx?ar
    ticleid747
  • No set consultation period for consultation if
    less than 20
  • Must individually consult, in good time
  • Complete consultation before giving notice
  • Consult on
  • Reasons for proposals,
  • numbers and descriptions (pool),
  • Way in which selected (criteria),
  • How dismissals will be carried out, including
    timing
  • Method of calculating redundancy pay

14
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

15
Any questions?
  • THANK YOU

16
LIN HINSON
0870 161 3292 30 Eldon Business Park, Eldon
Road, Attenborough, Nottingham, NG9 6DZ
Lin_at_hinsonconsultancy.co.uk
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