1. HR Presentation 22nd March 2014 Corena O'Brien BA MBS MCIPD

2. Agenda The Principles of an Employment Contract
Managing performance and absence
Discipline, grievance and dismissal procedures
Questions and Answers 2 2

3. Employer's Obligations
An employer is responsible for ensuring all their employees receive certain basic employment rights.
The main obligations include:
A written statement of terms and conditions of employment
A written statement of pay or 'payslip'
A minimum wage
A maximum working week
Unpaid breaks during working hours
Annual leave from work
A minimum amount of notice before termination of employment
The maintenance of records in relation to their employees and their entitlements 3 3 3

4. The Principles of an Employment Contract4 4 4

5. Contract of Employment
It is the legal basis of the employment relationship and is central to the interpretation & application of statutory rights
A contract 'starts' as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employer
Must be “consideration” or remuneration for work done
Both parties must intend to create legal relations
Should be made in writing 5 5 5

6. Contract of Employment
The Terms of Employment (Information) Acts 1994 and 2001
An employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment. However, this requirement does not apply to an employee who has been employed for less than a month 6 6 6

7. Statement of Terms
The statement of terms must include the following information:
Name and full address of employer and employee
Date of commencement of employment
Job location
Rate of pay and whether it is paid weekly or monthly
Working hours, lunch breaks
Holiday entitlement
Job description/job title
If the contract is temporary/fixed term, the expected duration of the contract
*Details of paid leave (holidays, bank holidays) 7 7 7

8. Statement of Terms
The statement of terms must include the following information:
*Sick pay (attending company doctor)
* Pension scheme and Healthcare (if any)
*Period of notice to be given by employer or employee
*Details of any collective agreements that may affect the employee’s terms of employment 8 8 8

9. Statement of Terms Disciplinary and grievance procedures
Specific provisions in contracts of employment e.g. mobile phones, search, confidentiality, dress code
Probationary period – 6 months, may be extended but should not go beyond 10 months
Changes to your conditions of employment
* In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, an employee handbook, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents 9 9 9

10. Checklist for Contract
1. Full name and address of employee and employer (company letterhead)
2. Commencement and Term of Employment
3. Position
4. Place of Work
5. Hours of Employment
6. Duties
7. Probationary period
8. Salary – paid weekly or monthly
9. Benefits – pension and healthcare 10 10 10

11. Checklist for Contract
10. Holidays
11. Sick Pay
12. Health and Safety
13. Termination with notice
14. Termination without notice (gross misconduct)
15. Absence – certified and uncertified
16. Lay-off / Short-time
17. Return of company property
18. Disciplinary procedure
19. Grievance procedure
20. Retirement age 11 11 11

12. Checklist for Contract
21. Confidentiality
22. Employee policies
23. Data processing (data protection)
24. Changes to conditions of employment 12 12 12

13. Managing Performance and Absence13 13 13

14. Issues with Staff
What are the main issues you have with staff at present?
How do you measure their performance? 14 14

15. Examples of Issues Persistent poor timekeeping
Unsatisfactory attendance record
Poor work standards
Breach of health and safety rules
Bullying, harassment or sexual harassment
Breach of internet / policy
Refusal to obey reasonable instructions
Negligence 15 15

16. What is performance management?
Performance management is the process by which a supervisor/manager
evaluates work performance
documents the results
and communicates the results to the individual (appraisee) 16 16

17. Purpose of Performance Management
Communication: promote a two-way discussion between you and your staff to ensure that the discussion is focused & open
Focus on performance: praise good performance and address issues & instances of under-performance
Development: provide a development plan for staff
Clarity: ensure there is shared clarity between you and staff as to their roles, duties, targets and objectives
Results: Help the company achieve its goals, targets & objectives in the most efficient and effective manner possible 17 17

18. SMART Objectives
Specific – specific and clear statements about what is to be achieved
Measurable – should be measurable to determine if they have been achieved
Achievable – objectives need to be realistic, challenging and motivating
Relevant– individual objectives must be linked to the organisations goals and objectives
Time bound – set a time-scale for final completion 18 18

19. Poor Performers
Poor performance can be caused by a number of factors, both personal and business related
Recognising this early and offering support will show that you care, about the individual and the business
We need to be mindful that there are others who can ultimately be impacted by poor performers 19 19

20. Dealing with Under Performers
Sit down with them, communicate where they fall behind and outline the main issues of concern
The employee may need training and development, it may not be their lack of ability but lack of knowledge and information
Put a performance improvement plan (PIP) in place
Give them time to adjust, take on board the feedback e.g. 1 to 3 months
Review them again
If there is no improvement and it is down to poor performance you may have to start a disciplinary process 20 20 20

21. Dealing with Under Performers
Having invested in an individual, dismissing them does not give a good return on that investment
If you do not deal with under performers in a measured way the business will suffer, your reputation as a manager will suffer and other people in the business will suffer
If the employee is not improving after giving them training and support, the last resort is to start the disciplinary process 21 21

22. Dealing with Absence
Include terms in your contract of employment which give you permission to hold absence records
Have clear written procedures for reporting absences e.g. Sick Leave Policy and Procedure
Phone in by 9.00am, text message will not suffice
Communicate your policy with all staff
Record and monitor all staff absence 22 22 22

23. Dealing with Sick Leave
Include terms in your contract of employment which gives you permission to refer employees to the company doctor
If an employee is out 3 days or more they should provide a doctors certificate
Request that employees who are absent from work on a long term basis visit the company doctor
Have a policy in place which reduces sick pay for long-term absent employees
Carry out return to work interviews
Consider flexible working arrangements that can support absent employees to return to work 23 23 23

24. Dealing with Work Related Stress
Ask the employee to attend the company doctor to confirm the cause of stress
Provide an Employee Assistance Programme
It may be necessary to carry out an investigation depending on the details provided by the employee e.g. If the employee feels bullied, intimidated, overload of work
If the employee resigns while on certified sick leave and states the cause of the sick leave is work related stress - the employer must act reasonably to resolve the situation 24 24 24

25. Discipline, Grievance and Dismissal Procedures25 25 25

26. The Appeals Process Grievance Handling
For employee issues and problems 26 26 26

27. Why have a Grievance Procedure?
The grievance procedure enables employees to raise issues with their employer, where the employee may be dissatisfied or feel unfairly treated
It is a mechanism to resolve issues close to the source of the problems
Every employee has the right to air a grievance relating to their employment or to raise a complaint about their working conditions 27 27 27

28. THE GRIEVANCE PROCEDURE
Stage 1 - Grievance to be heard by Line Manager
Stage 2 - Grievance to be heard by Snr. Manager/HR
Stage 3 - Grievance to be heard by a Company Director
Stage 4 - Grievance may be referred to a Third Party
In stages cases
- Heard within 7 working days
Employee has the right to representation
Decision within 7 days 28 28 28

29. Types of Grievances Staffing Levels Task issues Overtime Rosters
Annual Leave
Unhappy with a fellow employee
Organisational Change 29 29 29

30. The Grievance Interview
Meet as soon as possible
Notify the employee of the arrangements
Set aside sufficient time
Ensure privacy
Establish precise nature of grievance 30 30 30

31. The Grievance Interview Cont’d
Invite employee to state case and a preferred resolution
Clarify their understanding
Schedule another meeting if needed to:
Obtain additional information/check policy, procedure and any precedents
Consider action
Give time frame if you need to schedule a second meeting 31 31 31

32. When decision has been reached
Arrange to meet as soon as possible
Give reasons for decision
Give employee opportunity to respond
Explain options available should the employee wish to take things further (put in a formal complaint) 32 32 32

33. Follow Up Confirm in writing:- The outcome of the meeting
The reasons for the decision
Any action to be taken
A detailed and accurate record must be kept . 33 33 33

34. Benefits of a Grievance Policy and Procedure
Reinforces a positive working environment among employees
Encourages open communication amongst employee and manager
Problems resolved quickly at local level
Ensures employees are treated fairly and consistently across the organisation 34 34 34

35. Preventative Dimension
Handling an employee's grievance effectively and efficiently may prevent the following issues arising:
Low morale
Under performance, lack of results
Absenteeism
Lateness
Turnover
Escalation of minor problems
Case of constructive dismissal 35 35 35

36. Disciplinary Process 36 36

37. Disciplinary – Why have one?
Informs managers and employees on how the company will deal with situations where employees are not keeping standards, rules etc.
It is required by law, i.e. The Unfair Dismissals Act , protects the rights of the employee - the right of action if he/she has been unfairly dismissed or disciplined
Provides procedures to prevent employees being unfairly dismissed or disciplined and provides consistency and fairness
Common causes of grievances: interpretation of conditions of employment, pay, work allocation, staffing levels, promotion and grading, changing work practices; health and safety issues; equality issues; bullying/harassment 37 37

38. Disciplinary Have you had to discipline staff? What were the reasons?
When do you think staff should be disciplined?
Common causes of grievances: interpretation of conditions of employment, pay, work allocation, staffing levels, promotion and grading, changing work practices; health and safety issues; equality issues; bullying/harassment 38 38

39. Disciplinary Procedure
Make sure staff who manage people are trained in how to work with the procedures
Make sure procedures are followed
Make sure that those investigating issues or allegations are trained to carry out proper and unbiased investigations 39 39

40. Disciplinary Procedure
Pre-disciplinary: An informal word/advice to an employee/note to file
Step 1: Verbal Warning (confirmed in writing) / 6 months
Step 2: First Written Warning / 12 months
Step 3: Final Written Warning / 12 months
Step 4: Dismissal
Serious Misconduct warranting dismissal – employee may be suspended pending investigation and remain suspended until the final decision is issued. The employee must be paid during suspension from work to ensure that the presumption of innocence is honoured.
An employee has the right to appeal a decision in the case of disciplinary action. The appeal will follow the normal Grievance Procedure.
Critical that you follow your own procedure 40 40

41. Disciplinary Procedure
Formal Steps
The following general principles will apply:
A written letter will be given before attending any meeting, setting out the allegations or complaints and inviting them to the meeting.
The employee will be given the opportunity to respond fully to any allegations or complaints.
A fellow employee or representative may be present and the HR Manager/Senior Manager at any meeting.
The employee will be given the opportunity to appeal any decision made at any stage of the formal procedure.
A written letter of the outcome will be given to the employee and put on their file. 41 41

42. Disciplinary Procedure
Informal Discussion/Pre-Disciplinary
If an allegation of misconduct is made against an employee, the Manager (or other appropriate member of management) will informally draw the employees attention to the standards required and explore reasons for this failure.
The employee will be given an opportunity to present their case.
A resolution will be set out and a review period agreed.
This will be seen as a counselling session and a record will be kept of the incident on the employee's file. 42 42

43. Disciplinary Procedure
Step 1: Verbal Warning
An investigation will be held into the alleged misconduct.
The employee will be requested to attend a meeting with the manager.
At the meeting the employee will again be informed of the allegation and will have an opportunity to comment on the situation.
If the manager feels that it is warranted, the employee will receive a verbal warning that repetition of the misconduct will lead to further disciplinary action.
This is the first warning in the disciplinary procedure and it will be recorded, in writing, in the employee's file.
This warning will remain active for a 6-month period. 43 43

44. Disciplinary Procedure
Step 2 - First Written Warning
Same as Step 1.
If the manager feels their explanation is not satisfactory and that disciplinary action is required, they will receive a first written warning.
On the employee's file for at least one year.
Further behaviour constituting misconduct, will lead to further disciplinary action which could lead to dismissal. 44 44

45. Disciplinary Procedure
Step 3 - Final Written Warning
Same as Step 2.
If the manager feels their explanation is not satisfactory and that disciplinary action is required, they will receive a final written warning.
On file for at least one year.
It will state that if there is further behaviour constituting misconduct, they will be subject to further disciplinary action which could lead to dismissal.
If there is a further allegation of misconduct within the warning period, the next step of this procedure will be implemented. 45 45

46. Disciplinary Procedure
Step 4 – Dismissal
Same as Step 3.
If the allegation is found to be true, then unless there are extenuating circumstances, written notice of dismissal or other disciplinary sanction, including suspension will be issued.
The employee will be advised of the right to appeal. 46 46

47. Disciplinary Procedure
Appeal Procedure
If the employee feels they have been unfairly treated, or are not satisfied with the decisions made, they may appeal against the disciplinary action taken.
The employee should lodge their appeal with HR or a senior manager in the company within five working days of the disciplinary meeting.
The appeal will be heard by a senior manager or director who has not been involved in the disciplinary process.
The employee will be informed of the findings of the appeal hearing, which will either:
Confirm the disciplinary action already advised;
Alter it to more appropriate action; or
Reverse it, thereby cancelling the disciplinary action.
The decision is final, and no further appeal may be made. 47 47

48. Disciplinary Procedure
Serious Misconduct
The following are examples of such actions. Other activities or policy violations could also be serious enough to warrant dismissal.
Dishonesty - including theft, misappropriation of property belonging to a client, a colleague or the Company, false entries in records, or the improper acceptance of money or gifts.
Conviction of an offence which the Company considers is detrimental to their reputation or which may adversely affect the relationship of the Company with employees or clients.
Any act of physical or sexual assault or any threatening or harassing behaviour against others.
Deliberate breach of Health and Safety rules or procedures.
Insubordination or refusal to follow a manager’s reasonable instruction. 48 48

49. Thank you for your attention
Q&A
Any questions?
Thank you for your attention 49 49