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The Changing Face of The Employment Tribunal

I recently represented a claimant case in Nottingham employment tribunal.  The claimant waiting room was eerily quiet being empty when we walked in.  This was compared to sixteen months earlier when I had represented another claim there and the room had been packed out.   My latest case lasted three days and during that time we hardly saw any other claimants and  representatives in the waiting room.   The case ran over and the judge had to assign another day so the remaining witnesses could be cross examined, representations could be made and the verdict decided upon.  He reluctantly did this saying the government had cut back his sitting days dramatically.  This seems to be the shape of things to come.

On Monday 29 July under the The Employment Tribunals(Constitution and Rules of Procedure) Regulations 2013 the government introduces tribunal fees for claimants wishing to lodge a claim and then to request a hearing.  The last day, therefore, for bringing a fee-free employment tribunal claim will be by 4pm on Friday 26 July.  Any claims already in the system will not attract fees.

Following the introduction of the fee system the fees will be repaid to the claimant if they win.

Type A claims (including unlawful deductions, notice pay, equal pay and redundancy pay) will cost £160 to lodge the claim, with a £230 hearing fee; and

Type B claims (including unfair dismissal and discrimination) will cost £250 to lodge the claim and a £950 hearing fee.

Appeals will cost up to £1,600. Witnesses’ expenses will no longer be paid.

Fees will be either paid online via credit or debit card or by cheque or postal order.

There will also be a fee remission system, which will attempt to ensure that access to justice is not reduced through the introduction of tribunal fees. This will apply to individuals in receipt of certain benefits or who have a disposable monthly income below a certain level. The income of a claimant’s partner will be taken into account though when determining whether a fee remission is given.

The potential cost of losing an employment tribunal will rise to £20,000 which will further discourage claims.  Tribunals are increasingly awarding costs to the losing party which will further discourage claims being brought.

Employment tribunals were introduced in the early 1970s by a Tory government as a way of preventing strikes over unfair dismissals and workplace injustices. Tribunals can award compensation, but cannot force an employer to take back a worker judged unfairly dismissed.  With the changes to the employment tribunal system it seems that rogue bosses will once again have the upper hand and claimants will have to think twice about the implications of lodging a claim.

The unions are already pitting their wits against the government claiming it is unlawful to deny citizens the right to take a free claim in pursuance of their employment rights.  The fee structure law will be implemented on 29 July, but if the unions win in court the fees will be refunded.

Employers – How To Cope At Work In A Heatwave

sunThe British summer has finally begun after weeks of waiting for the Jetstream to move to its rightful place allowing the wonderful warm air to flood in after the coldest spring for years.

For those people on holiday near the sea there will be welcome opportunities to escape to the beach and the cooling sea breeze, however, for many employees stuck at work they may have to bear the un-comfortableness of working in searing heat.

Employers have a duty of care to ensure that their employees work in a healthy and safe environment which includes providing comfortable working conditions. There is no legal maximum temperature.  The Health & Safety Executive states during working hours, the temperature in all workplaces inside buildings shall be reasonable.  However what is reasonable can be highly subjective.  Employers nevertheless need to ensure that heat exhaustion does not arise.

For employees working indoors there are various steps that can be taken – shading windows from bright sunlight, opening windows, switching on the air conditioning if that is installed, renting mobile air conditioning units, moving work stations away from direct sunlight, installing fans, ensuring a plentiful supply of drinking water and encouraging employees to drink it.

Employers may like to further consider the relaxing of any formal dress code issuing appropriate guidelines to ensure that staff doe not dress down inappropriately  turn up for work in totally unsuitable clothes such as very short skirts or shorts. Casual smart loose fitting clothes should be encouraged with a temporary relaxing of suits and ties if possible.  Guidance should be included in the employment contract or employee handbook.

Increased rest breaks may be considered so that staff can grab a break in the fresh air and take a cooling drink.

The introduction of flexi time may allow employees to travel to work earlier or later to avoid the rush hour traffic in sweltering temperatures.  The use of continental working hours could be temporarily adopted with early starts and late finishes and a long continental lunch hour.

For employees that work outdoors there is the additional concern of direct exposure to sunlight.  This can be avoided by modifying work routines that that high exposure and heavy physical work is not undertake during the intense sunlight hours of the day.  Employees should be encouraged to wear long sleeves, loose fitting clothes and hats.  Regular breaks should be taken in the shade and the use of high factor sun creams promoted.

Heat exhaustion is very serious.  The symptoms include headache, loss of concentration, giddiness, nausea, fainting, heavy thirst, vomiting, muscle cramps, pale skin, weak pulse and high temperature. Heat stroke can have disabling and even fatal consequences. Some people with particular medical conditions and those who are pregnant can be more vulnerable to heat exhaustion and a risk assessment may be needed.  This can include looking at work rate, working climate and worker clothing.

Whilst the British heatwave will be temporary there are many workers who work in high temperatures on a daily  basis such as in mines, boiler rooms, laundries, rick manufacturing, bakeries, foundries, smelting operations and compressed air tunnels, therefore unpleasant working conditions are a daily hazard and employers need to take the key steps to ensure their duty of care and apply many of these principles as well as considering the use of personal protective equipment where appropriate, providing training to employees in managing heat exhaustion and monitoring worker health.

 

 

Having a Winning Formula at Work

Andy Murray has just won Wimbledon, the first British tennis star to have done so in 77 years.  He has obviously finally found the winning formula and achieved a most desired objective by him and the legion of fans.  When it comes to applying success in the workplace there are methods that can be applied.  However successful people seem to have similar habits.

Plan

It is important to plan out your working hours.  Making a list every day or every week will ensure that urgent matters are attended to as well as important issues.   It is also important to plan out weekly, monthly and yearly goals and make sure these steadily worked towards.  With any big projects these need to be broken down into manageable, do-able chunks.  Time is precious and should be used effectively.

Work Out the Hours

It is important to work out how long activities take to get an understanding of what work is being undertaken and how productive you are.  It is pointless undertaking fruitless long winded tasks.  Keeping a log will help you do this.

Make Success Possible

Having worked out your objectives it is important to make sure that they are carried out to ensure success.  One good way to do this is to write your objectives down.  Research shows that if you do so  you are more likely to get things done by a) not forgetting what you need to do and b) focusing your mind.

Understand What Is Work

Too many of us spend lots of time undertaking tasks that are not really work eg reading and answering emails.  Email has the capacity to fill much of the working day if it is allowed to take over.  It is important to ration access to the inbox and allowing time to concentrate on completing a project. Often meetings can take over the working day.  Therefore you should really check whether a meeting is essential or could the communication take place another way ie a phone call or send an email.

Practice

To become good at anything you have to practice (Andy Murray has shown this).  You should continually practice your existing job skills including any new ones you have learnt.  Just think about a training course you went on and what you could remember six months later if you had not used the skills learnt – probably very little.   You should be striving for constant improvement which is often the basis of most performance appraisals and by which you are measured against.

Develop Yourself

You should be constantly looking at ways to develop your skills to avoid becoming stagnant or at work unemployable because your skills are outdated.  The world of employment moves on so quickly and and industries are developing all the time.  You therefore need to stay in touch.  Seek out new opportunities, new projects, take on a mentor.  You can also develop a portfolio of work to show off your skills.   Building up a network of people can help you get on.  Seek out new contacts as well as keeping in touch with existing ones.  You never know when you might need to call up them.

Seek out pleasure

Don’t make work the be all and end all.  It is important to enjoy work but having a work life balance is also essential.  Being able to switch off from work and pursuing enjoyable hobbies or  spending time with the family and friends will bring enormous benefits to your overall wellbeing.

National Workaholic Day – Key Facts for Employers

Today, 5 July is National Workaholic Day.  A workaholic is a person who is addicted to work.  The phrase is derived from the words work and alcoholic.

Whilst the person may love their work the phrase workaholic has negative connotations  as the person can neglect other aspects of their lives such as family and personal relaxation.

Characteristics of a workaholic include wanting to work every day, taking few holidays or whilst on holiday thinking about work, overbooking the diary, saying yes to all colleagues, thinking about work all the time, arriving at work first and leaving last, being stressed if  not at work, having no hobbies, not taking lunch breaks, being too accessible at work.  The workaholic will micromanage and be unable to delegate.

Workaholism is not the same as working hard, it relates more to conditions such as obsessive compulsive disorders and addictions just like with alcohol and drugs.  For the employer this can pose some problems.  Working excessive hours consistently is not good for health and can be very destructive to working relationships.  Also it is not particularly productive.  Therefore it is important for the employer to take some important steps to manage such a situation and encourage a good work life balance banishing the long hours culture that hast long persisted in the UK and which may have been further encouraged by the declining economy and fear of redundancy.

An employer has a duty of care to all their employees.  This means they must provide a safe and healthy workplace ensuring that employees’ health, safety and wellbeing is paramount.   It is also a legal requirement governed by the Health & Safety at Work Act 1974.  Employers also have a moral and ethical duty not to cause nor to fail to prevent physical or psychological injury.   An employer must  not condone long working hours and they therefore should be regulated to promote the duty of care.

The Working Time Directive imposes a duty on employers to limit working hours to no more than 48 hours per week over a reference period of usually 17 weeks.  The legislation allows for rest breaks and rest periods that should be adhered to.  However the ability for employees to sign an opt out form allows them to work much longer than this.  In such situations employers should be keeping a close eye on the working practices of their staff to prevent excessive working.

Employment legislation provides for 28 days annual leave and many workaholics may choose not to take all or part of it.  It is therefore up to the employer to ensure that employees take all their annual leave entitlement and not to take advantage of those who seem reluctant to do so.  There should be a carefully worded annual leave policy in place and monitoring throughout the year to ensure that annual leave is taken on a regular basis so that a surplus number of days is not left over at the end of the annual leave period which may not prevent the employee from taking it due to essential workloads.  Employees who seem unwilling to take all of their holiday entitlement should be notified of specific days on which they should take holiday.

It would be best if an employer has in place a working hours policy.  A policy should state the responsibility an employer has to take care of employees’ health and safety and how they will fulfil that duty.  The policy should spell out how the employer aims to prevent excessive hours being worked on a regular basis.   It should be carefully monitored for effectiveness.

All jobs should be reviewed to ensure that jobholders are not over-burdened unnecessarily with work.  Role targets should also be reviewed to ensure that they do not encourage excessive working and are achievable.

7 Deadly Sins of Management

Good managers are vital to the success of any organisation through motivating their staff to work hard therefore increasing profits, but they have a tough life being wedged between the leadership and employee layers of an organisation trying to please everyone.

Good managers inspire the workforce but bad managers can increase costs through their detrimental behaviour.  I am sure everyone can clearly remember and describe a bad manager they have had in their working lives, so the following list may ring true with a compilation of the least favourite management characteristics that can be sometimes be displayed.

Lack of performance

Most managers are promoted because they are skilled at what they do, however, a promotion to the next level might be one step too far.  If they haven’t been provided with a structured induction or a training programme to take them to the next level things could be disasterous.  Management development programmes can help managers develop in an all round way and that includes learning how to manage their staff well.

Poor communication

Communication within a team or department is vital to ensure the wheels run smoothly.  Although we are animals that communicate to one another on a daily basis, too often in organisations communication breaks down.  A manager is key to how communication works within a team, but often this does not happen because the manager may be too wrapped up with other things.  Implementing simple communication methods such as team meetings and/or a newsletter can help improve matters along with manager communication training.

Undermining the team/staff

Everyone wants to feel valued and needed, but if we are undermined by a manager that makes us feel demotivated which can have a knock on effect with productivity.  Being undermined can also be a symptom of bullying and harassment which if linked to a protective characteristic within the Equality Act can be discriminatory.  Some managers get carried away with being in charge and consumed by power because they have been promoted.  They don’t listen to or involve their staff, bark out orders and push people around.  Managers need to learn the art of constructive feedback that should be used only where appropriate.

Poor people skills

Too often bad managers don’t know how to manage their team.  If good HR skills are not inherent then managers need to be trained in the art of HR management.  Managers need to be aware of the people they manage which starts with good recruitment skills followed by strong incentivisation of performance.

Not being accountable

Bad managers blame others for their failings particularly their team and take no responsibility if things go wrong.  Bad managers take the credit for the team effort without recognising the efforts of others.  Good managers share the fall out when things go wrong and acknowledge great team effort.

Not focused

Being taken up with too many low value urgent tasks can create a lack of focus for a manager.  Managers should carry out the requirements of the organisation’s vision through their own objectives.  Poor focus will cause managers to fail.  Managers who focus on change and innovation keep an organisation fresh and dynamic contributing to the bottom line.

Poor delegation skills

Poor delegation creates stress and eats into precious time.  Managers need to be able to let go of tasks and have trust in those to whom they give those tasks to without worrying.   Their job is not to carry out but to facilitate and to create.  Being able to delegate ensures that tasks are completed on time and encourages involvement of the team to the shared goal.

Manage Conflict in the Workplace Using Social Styles

The social styles model is a useful tool that can help interaction in the workplace.  Each style is defined by a particular pattern of behaviour.  If each of us understands the style that governs our behaviour and how we interact with other styles, we can then consider changing our behaviour to better interact with others.  Conflict arises where there is a failure to understand the power of social styles.

The model is made up of four styles – driver, expressive, amiable and analytical.

The features of the driver style include:

Priority is important – getting things done
Measure success in tangible results
Achieve their goals through shaping their world
Rely on control and dominance
Independent and strong willed

Prominent celebrities with this style could include Alan Sugar, Gordon Ramsay and Margaret Thatcher

To influence a driver you must use a fast decisive speaking style, be assertive, well briefed, succinct, professional and business like.  You have to stick to the facts focussing on the bottom line.  It is good to push for a decision on the spot.

The features of the expressive style include:

Measure personal status by acknowledgement and recognition from others
Place emphasis on relationships
Seek person to person relationships
Like to be centre of attention
Enthusiastic and optimistic

Prominent celebrities with this style could include Davina McCall, Richard Branson and Fiona McCall.

To influence an expressive you must match their style, be friendly and stimulating, frame proposals that will enhance their status, allow them time to talk and link to your ideas.  Ideally you should press for a decision on the spot whilst they are animated.

The features of an amiable style include:

Like to get to know people and build trust
Like to support others by listening and being warm
Steady, agreeable, calm
Want little change
Make decisions after only careful consideration

Prominent celebrities with this style could include Michael Parkinson, Jamie Oliver and Bob Monkhouse.

To influence an amiable you must talk slowly and easily, be warm and likeable, focus on the positive, offer reassurances and guarantees, involve them, get acquainted and build trust.

The features of an analytical style include:

Dislike of change and personal attention
Task is a priority, method and detail are vital
Serious, orderly, persistent and cautious
Set high standards for themselves and others
Prefer to work alone and like organisational structures

Prominent celebrities with this style could include Heston Blumenthal, Patrick Moore and Stephen Hawking.

To influence an analytical you must not be over friendly, be formal, logical and to the point.  You should speak slowly and deliberately presenting logically.  You should cover all angles to show that you have done your homework and expect questions of how your proposal will work in practice.

In some situations it is good to flex your style to achieve a win win situation.  First you need to identify your style.  You next need to identify the style of the individual you need to influence, this can be done by monitoring their behaviour.  You then need to plan what you will say and how you will act.  In practice you may need to monitor how you are doing.  When faced with conflict we often revert to our inherent behaviours, but it is really important to focus on the behaviour of the other person to calm things down.  If things are not working out and you are not managing the situation well you may need to correct your behaviour.

Conflict in the workplace exists on a daily basis, but understanding social styles may be to reduce this to a great extent.

 

10 Reasons Why Companies May Need HR Support

So many companies struggle on without the aid of an HR Manager or any form of HR support at all despite the constant increase in employment law.  However HR can provide invaluable support with so many areas of people management.  Here I have compiled a list of ten reasons why companies may need HR support.

1. Cost savings

HR can contribute to cost savings. One example is to implement an HR strategy that can support business goals making a business more efficient through the planned use of human resources.  Another example can be to introduce sickness absence management controls, the cost of sickness can be reduced which can be a huge expense to a business if allowed to get out of hand.

2. Managing performance

HR can help manage performance in several ways.  Business performance can be improved by the implementation of an integrated performance management system ie company-wide appraisal system.  With a top down approach with buy in from senior managers, all employees work towards the common goal to improve business performance through the fulfilling of their own personal objectives.  Performance management can also be about managing poor performance through a capability process where poor performers are either supported to improve or are performance managed out of the business with capability being a fair reason for dismissal.  HR can work with management to ensure that either of these processes are correctly implemented.

3. Provide guidance with employment legislation

Employment legislation is changing constantly and it is hard to keep up with the ever shifting sands that the government dictates and 2013 is no different.  However, it is the role of HR to stay up to date so that they can provide credible, practical advice to those they support.  HR should ensure that internal HR policies and employmee handbooks are kept up to date, they are well communicated to the workforce and training is provided to managers in their operation.

4. Help companies manage their staff fairly

Sometimes when the job just needs to be done, it can be hard for managers to recognise the need to treat their people fairly.  With HR guidance their obligation in this respect can be recognised.  A good manager will get the best out of their staff and that should be the norm to which all managers should work.  HR can provide much needed support when a manager is struggling with a particular employee problem.  Company HR procedures provide much needed guidance and HR can help with their intepretation.

5. Help avoid employment tribunals

HR is the guardian angel of companies and helps to keep them out of the employment tribunal through sound employment law advice.  HR procedures should always be followed and processes documented.  If a situation is getting out of hand HR can be there to help soothe the situation or can act as a mediator.  If they don’t have mediation skills they often have specialist contacts in this area.

6. Training & development

The development of skills is important for any company’s success and growth.  HR can help support training and development initiatives by assisting with a company-wide skills analysis, developing and coordinating a training plan, identifying training and development initiatives, delivering appropriate workshops or bringing in external training consultants where appropriate.  HR can work with management to ensure that training and development is both cost and time effective and help them recognise the value that training brings. strategy

7. Recruitment

A company is nothing without good quality staff and HR can provide support with recruitment processes whilst ensuring that equal opportunities employment legislation is adhered to.  HR can work with managers to draft adverts, identify an appropriate advertising medium, develop job descriptions, undertake shortlisting, develop interview processes and questions, organise assessement days and ability tests and take part in interviews.  HR can also provide all the essential supporting paperwork.

8. Employee engagement

Employee engagement is the modern buzz word.  In effect it is the wish of employers to have employees who do their best work and go the extra mile.  To do that employees need to be fully engaged with business goals and be motivated to do their best.  Employee engagement contributes to business profits so companies are highly interested in this concept.  A starting point can be an employee attitude survey coordinated by HR.  Once the results are known it will identify areas of the business that may need some improvement eg induction, reward, management style.

9. Help with change

Change is an every day part of life and companies need to change from time to time as the business world moves on.  HR can support change management processes in various ways.  With a company re-structure to improve efficiency, HR can work with senior management to develop a new reporting structure and  new job descriptions to provide strategic support.  HR can take part in operational consultations with employees affected by the re-structure.  HR can advise on redundancy and TUPE implications where appropriate.  HR can also assist with minor changes in the workplace such as a change to terms and conditions which require consultation and agreement from employees. Working with managers they can ensure the correct legal procedure is undertaken.  HR can provide the paperwork to support the process.

10. Help with reward

Rewarding staff fairly is highly important to for employee retention, get it wrong and staff will leave in their droves.  Although financial reward is important for many people, it is not the be all and end of all of going to work.  Non-financial reward can be just as important eg job satisfaction, challenge, etc. and HR can work with managers to help them recognise this important element of employee reward.  Along with pay there are employee benefits which can make up total reward eg holidays, bonus, company car and they can be just as important.  Sometimes it might be beneficial to recruit a compensation and benefits expert to help support HR in what can be a specialist area.

7 Top Tips for Managing an Employment Tribunal Claim

1. Complete and return the ET3 (employer response) within 28 days of receiving the ET1 (employee claim) otherwise there may be a default judgement against you.  If you are struggling to comply with the deadline ask for a 28 day extension in writing as soon as possible. 
2. Comply with all the written instructions/orders within time provided by the Employment Tribunal office.
3. Wherever possible, work with the ACAS conciliator to try and settle the case; it will save you lots of stress, time and money. 
4. Gather together all the documents that can help you demonstrate the actions you have taken against the employee.  Ask the employee or their representative in writing for any documents they may have.  Work together to prepare the trial bundle. 
5. Organise any witnesses and prepare witness statements.
6. Ensure on the day of the hearing you turn up at least half an hour before the start to ensure all the tribunal admin is completed and to discuss any last minute items with your representative.
7. During the hearing always be respectful of the tribunal panel and the other side, give true accounts of the situation and answer questions honestly.