Just a ‘snippet’ of information, for you!

Do you know the facts about what claims can be brought to an Employment Tribunal?

• Claims for wrongful dismissal
• Claims for contractual damages  arising out of termination of employment
• Equal claims aims
• Claims for redundancy pay
• Claims relating to protection of wages
• Discrimination claims
• Unfair dismissal claims

Now for those who are less familiar  with employment tribunals, the terms ‘wrongful dismissal’ and ‘unfair dismissal’, may be mistaken for being the same thing, however  there is a difference!

Here are the definitions:

Wrongful dismissal arises when a person is dismissed without notice and the employer has no contractually justified reason or doing so.

Unfair dismissal arises when the employer did not have a fair reason to dismiss and the reason was not handled fairly. For example the companies policy and procedures were not followed in reaching the decision to dismiss.

Another interesting fact is that in contract-based matters, a tribunal can only award a maximum of £25,000 and only if dismissal has occurred. However, for those with a small business that could have significant consequences to the business. Be aware that there are also other matters listed above where this maximum does not apply and compensation could be significantly more.

It is mandatory to have appropriate procedures in place to manage the conduct and behaviour of staff. It is equally essential that those procedures are followed, should an incident occur.  You must also be able to demonstrate that you have acted reasonably in reaching your decision.

We hope you never need to have a case brought to an Employment Tribunal and do remember to protect yourself at work! Unfortunately things do go wrong at work, but ensure you do the right thing, follow the policies you should have in place and remember to be reasonable. That does not mean you disregard unacceptable conduct, but you do need to ensure your own conduct in handling the issue is not questionable.

We love to create harmony through HR. Do you use Human Resources effectively? Well that’s just another question!

Until next time! Thanks for stopping by!

So…who has the right to request flexible working? Parents of children under 17 years old. Parents of disabled children up to the age of 18. Carers of adults and worked for you as an employer continuously for 26 weeks. An employee can only request flexible working under their right once every 12 months.

Many employers extend this right to all staff who they employ and we would say that it is good practice to do so. It is sometimes difficult for those who do not fall into the prescribed categories above to feel as though these rights are fair. There may be genuine work life balance benefits of requesting an alternative working pattern for those outside the circumstances detailed above and there is no reason not to consider all requests. They are, after all, approved based on what the business can accommodate.

Flexible working can often improve productivity, so should not be feared by employers. If you have any doubts about the impact on your business, maybe you can have a trial period of flexible working to be sure of the impact on the business, but you are not obliged to do so. A template for these requests ensures that there is consistency in the decision process.

I would say that whatever supports good morale at work will result in hard working employees and that makes good business sense.

Let us know what you think!

Employer’s you cannot force you to take a lunch, only encourage your staff to do so, but you must ensure that the agreed period of time is available for you not to work.

Is an individuals well-being best served by having such a short break? I’m not so sure. There is great value in stepping away from your work for a period of time and coming back fresher and more focused on the remainder of the day. I think you would be far more productive after doing so, but recognise that skipping this opportunity to recharge our batteries is something that far too many of us do, especially when there are deadlines to meet. The problem with this is, if this happens on a daily basis, then you probably need to review your workload and ensure your objectives are as SMART as they should be.

Let us know what you think!!

We recognise that pensions are not always a topic of the greatest interest, but it really does become more interesting the closer we get to older age. Now, pensions are more tightly governed by law (Pensions Act 2008) and our option to ignore the onset of old age is being removed. It is certainly something we will become more interested in and sooner than we would have expected, as it will affect our pockets, employers and employees alike.

Whats Your View?

Well, life indeed does go on after work and although the thought of extra contributions will be very concerning for many people and employers, the standard of living that pensioners have does seem to be reducing all of the time. It’s sad to say that people who have reached pension age already are getting a much better pension at less cost to the employer and the employee than will be the case going forward.  No doubt, the personal significance of this Act will vary according to age. Pensions tend to be one of those areas that many do not understand fully and perhaps don’t pay too much attention to until pension age is approaching and closer attention is paid to the money that will be coming in after employment ends. Of course, we can always work for longer thanks to the Equality Act 2010, whereby your employer cannot make you retire at 65 years old, unless they serviced you with a notice of that intention before 6 April 2011. So, the real question is, how long do you want to work for and what quality of life would you like to have in your old age?

Individuals should take a serious look at your employers pension scheme and really consider its longer term benefits, even if it seems many moons away!  The years have a horrible habit of clocking up and we really shouldn’t leave this consideration to when we are close to our ideal retirement age, only to find you cant afford to retire.  Employers should support their staff in understanding more about their pensions too!

The hot news of the day is that all employers must provide a pension scheme that both employer and employee contributes to.  Actually, this move is part of the requirements for change in pension provisions under The Pensions Act 2008, so these reforms have been in the pipeline, quite quietly, for quite some time. It will certainly cost employers and employees more, but some larger employers already have similar or even more favourable schemes in operation and don’t need to make any changes.

So, What Does This Really Mean for Employers and Employees? Lets take a look:

Employers must enrol every qualifying employee within 3 months of the start of their employment.

A total of 8% contribution must be made to an individuals pension.

• The employer must provide a minimum of 3% contribution
• An employee: up to 4% contribution
• Tax Relief:  1% tax relief = total of 8%.

Whats the Qualifying Criteria?:

• Between 22 and state pension age.
• Currently earning a minimum of £8,105.00 a year.  N.B. This figure could change each year.
• Work in the UK.

Can You Opt Out?

Employers must automatically enroll qualifying employees onto the pension scheme. However, the full contribution can be phased in over 3 years.

Employees may opt out by signing an opt out form. However, employers must also attempt to automatically enroll employees at least every 3 years.

Employers must not encourage or entice employees to opt out!

Do you stop recruitment or manage the pipeline more carefully? The answer will be unique to every business, but if you stop recruiting you ideally need to look for internal talent and provide real opportunities for their development and growth. If you are downsizing, is it right to have the last in, first out approach? You should really do everything possible to retain talented staff. Last in, first out, is not a sensible option. There are many things to consider carefully. You may not appreciate the significance of every person working in your environment, but the affect of losing, just one, seemingly insignificant member of your team, can lead to huge financial loss. Don’t wait until they’re gone to find out how much you need them.

It is important to know what your staff deliver and how effective their delivery is. Think about what your business needs and exactly who can deliver it. Think about training more staff, so that you have wider resources to deliver your services. Remember, your employees are human and probably your most valuable resource. Moral may sometimes suffer during periods of change, but with good employee engagement, you will acquire the loyalty that is needed to succeed.

For so many businesses, HR is needed, not just for success, but for survival.

Take a look at our wide range of services tailored to meet your needs! Cut the cost of hiring a permanent member of staff, ensuring you remain compliant with employment law as and when you need it. Employment Law is constantly changing! Keep an eye on this website for up to date employment law issues in the spotlight!  HR should not be a last resort.  It is a partner to real business success. The right people in the right jobs, getting it right, first time! 

Stop by and let us know what you think by sharing your views on current HR issues within The HR Café! Need an answer fast? Maybe someone else has already asked us the same question. All Q&A’s will be available within The HR Hub! If the answer to your question is not there yet, go ahead and ask!!

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