EMPLOYMENT LAW & MANAGING STAFF

What’s 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

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 3 rd party to resolve problem Try informal resolution 1 st Consider having separate procedure for bullying, harassment or whistleblowing

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

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

Disciplinary issues…cont’d Hold a meeting  Allow employee reasonable time to prepare their case  Parties must make effort to attend  Can call witnesses, but give advance notice 1 st 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

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

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

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

Grievance…cont’d 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

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

Other developments Holiday  Increased to 5.6 weeks  Inclusive of public holidays  New ACAS leaflet: 

Other developments Redundancy dismissals  Since Sept 2008, 132,650 made redundant 1 personneltoday.com  ACAS booklet:  No set consultation period for consultation if less than 20  Must individually consult, in good time  Complete consultation before giving notice  Consult on: o Reasons for proposals, o numbers and descriptions (pool), o Way in which selected (criteria), o How dismissals will be carried out, including timing o Method of calculating redundancy pay

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

Any questions? THANK YOU

LIN HINSON Eldon Business Park, Eldon Road, Attenborough, Nottingham, NG9 6DZ