1. Card ServicesLegal Services for Business Care, Compassion and Commercial Reality Effectively Managing Your Workforce Justine Norman, Employment Lawyer allpay Legal © allpay Limited 20131

2. Card ServicesLegal Services for Business o A stringent monitoring and compliance regime o Safeguarding issues and the ensuing suspension of staff, police involvement and prolonged and complex discipline and grievance issues. o Absenteeism, stress related illness and of course, compassion fatigue o Recruitment, retention, and training Key Employment Challenges allpay Legal © allpay Limited 2013allpay public 2

3. Card ServicesLegal Services for Business How to deal with challenges allpay Legal © allpay Limited 2013allpay public 3

4. Card ServicesLegal Services for Business o Timekeeping o Absence o Health and safety o Care Quality Standards o Discrimination, bullying and harassment o Personal appearance o The types of conduct that might be considered as 'gross misconduct' What should your Rules cover? allpay Legal © allpay Limited 2013allpay public 4

5. Card ServicesLegal Services for Business When Rules are broken allpay Legal © allpay Limited 2013allpay public 5 o Dont forget the power of a quiet word - this is often all that is required to improve an employees conduct or performance. o Where matters are more serious or where an informal approach has been tried but is not working, a more formal procedure may be needed.

6. Card ServicesLegal Services for Business o Under the Influence of drink or drugs o Violence o Refusal to follow reasonable instructions o Dishonesty o Disregard for Health & Safety o Criminal Charges Precautionary Suspension Incidents that may warrant Precautionary Suspension? allpay Legal © allpay Limited 2013allpay public 6 All Precautionary Suspensions are WITH pay.

7. Card ServicesLegal Services for Business 1. Informal warnings 2. Formal oral warnings 3. Written warnings 4. Suspension 5. Final written warnings. Disciplinary Procedure allpay Legal © allpay Limited 2013allpay public 7 There should be a disciplinary procedure which is understood and applied by all managers. The procedure should provide for the minimum:

8. Card ServicesLegal Services for Business Fair Dismissal allpay Legal © allpay Limited 2013allpay public 8 o Incapability (skill, aptitude, health and physical or mental qualities). o Misconduct o A legal factor which prevents the employee from working o Redundancy o Retirement o Some other substantial reason

9. Card ServicesLegal Services for Business Unfair Dismissal allpay Legal © allpay Limited 2013allpay public 9 o The employer fails to show in principal that the reason was one of the above stated reasons (substantively unfair) o A constructive dismissal has taken place o The Employer has failed to follow a fair procedure (procedurally unfair).

10. Card ServicesLegal Services for Business Capability and Conduct allpay Legal © allpay Limited 2013allpay public 10 o Capability and conduct should be treated separately. o It is important to recognise the difference between the two.

11. Card ServicesLegal Services for Business Capability and Conduct allpay Legal © allpay Limited 2013allpay public 11 Capability or Culpability

12. Card ServicesLegal Services for Business o Dismissal on grounds of capability will be for one of three reasons: o Lack of or loss of an essential qualification to do the job o Lack of ability or skill – this can be repeated minor incompetence or one serious act of incompetence (poor performance) o Lack of capability because of ill health. Capability (cant) allpay Legal © allpay Limited 2013allpay public 12

13. Card ServicesLegal Services for Business Examples of misconduct: o Poor timekeeping o Poor attendance Examples of gross misconduct: o Theft o Fighting, abusive or intimidating behaviour o Consumption of alcohol while on duty o Serious breach of Care Quality Commission Standards o Your procedure must list the offences you consider to be gross misconduct in your organisation. Conduct (wont) allpay Legal © allpay Limited 2013allpay public 13

14. Card ServicesLegal Services for Business o Compassion fatigue arises when the burden of caring for others becomes too much to handle. o Left unchecked it can lead to increased absenteeism, errors in judgment, emotional numbness and difficulty concentrating. o Will show itself as either a capability or a conduct issue Compassion Fatigue allpay Legal © allpay Limited 2013allpay public 14

15. Card ServicesLegal Services for Business Recruiting Carers - Practical Steps allpay Legal © allpay Limited 2013allpay public 15 o Partner with local community groups and Job centres. o Encourage your management and leadership teams to network. o Consider using a community web-based recruitment portal to link you with local employees. o Train your existing staff to promote your organisation. Make them care champions who are ambassadors for you. Empowering your staff can be a huge motivating tool. o Manage expectations. o Consider introducing employee referral schemes.

16. Card ServicesLegal Services for Business Recruiting Carers - Practical Steps allpay Legal © allpay Limited 2013allpay public 16 o Get input from Service Users and relatives about what they consider makes a good care worker. o Assess them for behaviors and values rather than competencies. - key behaviors : respect, understanding, empathy, kindness and teamwork.

17. Card ServicesLegal Services for Business Motivating Carers allpay Legal © allpay Limited 2013allpay public 17 o Myth: the more you pay someone, the more satisfied they are in their job o Intrinsic Motivation: self generated factors that make people behave in a particular way such as a feeling that work is important, having control over own resources, autonomy (freedom to act) scope and use and development of skills, interesting challenging work, opportunity to develop. o Extrinsic Motivation– includes rewards, increased pay, promotion, or punishment, disciplinary action, withholding pay. (Extrinsic motivation can have an immediate and powerful effect – but will not necessarily last long). o Make the most of every communication opportunity you have, to engage, listen, motivate, give praise and provide positive and negative feedback in a constructive way when required.

18. Card ServicesLegal Services for Business Train your managers allpay Legal © allpay Limited 2013allpay public 18 o Regularly review and update Staff Handbooks; ensure managers are familiar with your staff handbook and understand the reasons behind your policies and procedures. o Consider carrying out an annual HR review to identify problems that keep recurring and areas where good solutions have been found. o Two simple words will help you avoid a Tribunal : Fairness and Consistency. o Your Handbook is your bible. Your managers should be absolutely familiar with it.

19. Card ServicesLegal Services for Business o Care and Compassion and ensuring your organisation has a commercial edge need not be mutually exclusive. o There are many challenges facing the Care industry but actively managing your workforce and investing in it, is not only common sense but good business sense. Conclusion allpay Legal © allpay Limited 2013allpay public 19

20. Card ServicesLegal Services for Business allpay Legal © allpay Limited 2013allpay public 20 Thank you Questions