1 Aug 2009
Gillian Dowling
Job Title
In the latest column for VBJ on personnel issues in practice, GILLIAN DOWLING offers five simple, golden rules on all you need to know to manage staff
CONSIDERING HOW MUCH employment legislation there is in the UK, perhaps it seems too simplistic to narrow down the guidance to a mere five rules. However, these principles encompass a whole range of issues that arise during the employment relationship and can ease the way for you and your employees.
The principle here is that if you recruit well, you may not need the other golden rules, as you are setting yourself up for a trouble-free relationship with your new employee. On the legal side, discrimination claims can be made even before the employment begins, but preparing in advance, selecting the best person for the job and keeping good interview notes can go a long way in protecting your business. Discrimination can cover sex, race, disability, religion or belief, sexual orientation, or age. On the practical side, recruitment is expensive, so getting the right person first time will save money, as well as trouble, down the line.
Think about the functions the job needs to fulfil, decide what type of person you will need to carry out those functions and have someone with you when you meet the applicants. You should score each applicant on the same criteria and basic questions and keep documentary evidence of the whole process.
For many years, failure to have a written agreement between employer and employee has had legal implications. It is also possible for an employee to make an Employment Tribunal claim if he or she has not had a written statement of employment particulars. It makes sense, therefore, to ensure you have some form of legally compliant statement of terms and conditions, agreed and signed by you and your employees. However, a good contract is more than just something you must have. Supported by an employee handbook, it will set out the principles for the relationship you expect to have with the employee and underpin the evidence in any dispute.
For some employers, the induction process is an opportunity to “set out their stall” to their new employees. For others, it is simply a case of showing them their work station and leaving them to it.
Having an induction process is a good opportunity for you to assess your new employee’s competence and ability to learn. An induction check list, ticked off and signed by new employees, will avoid excuses about poor performance or conduct issues later on
It is best to tackle performance or general conduct issues as soon as you can and have regular reviews with your employees, so that you can look for ways to improve performance.
This rule extends throughout the employment relationship, and encompasses issues as diverse as long-term sickness absence and changes needed in the job itself. The fairest way to deal with issues is to tackle them as they come up and not wait until they have become a big problem. Ideally, any decision you make should be one the employee can at least see is fair and reasonable, even if he or she does not agree with it at the time.
If you do have disciplinary issues to deal with, this rule can be good protection against losing tribunal claims. Demonstrating that you have undertaken a thorough investigation, preferably by someone different to the person who will hold the disciplinary hearing, is key. This means that there is no presumption of guilt, open questions are asked and witness statements obtained.
Furthermore, as an employer you need to demonstrate that you have acted reasonably in all the circumstances, so ensure you are consistent. This does not mean that you cannot dismiss if you have not dismissed in the past, as long as you can show that the circumstances are different. A consistent approach is underpinned by the requirement to use the disciplinary procedure when taking such action.
