Human Resources FAQs
The field of Human resources is far too varied and complex to cover every angle in a few FAQ's. If you need more information, we have over 70 FAQ's on our dedicated HRSupportal website. You will also get more pointers at our Top Tips section.
What can I do if I suspect an employees reported sickness absence is not genuine?
If you have concerns that an employee's absence is not genuine, you may investigate further by questioning the employee at the time they report the absence and also at a return to work interview. If after discussing this, you have no evidence to back up your suspicions, you cannot take any further action. Where there is actual evidence to support your case, you can take further action as unauthorised absence or false reporting of sickness absence can be treated as a disciplinary offence.
When should I make matters formal and move to the Disciplinary Process?
Other than in extreme cases or instances of Gross Misconduct, the disciplinary process is intended first and foremost to act as a mechanism to correct or improve the employee's performance. In an ideal world, performance or behavioural problems would be resolved informally using approaches such as an informal "word in the ear", constructive feedback and coaching or appropriate training. It is important that appropriate records of these efforts have been made and are readily available. However, where these efforts have failed, or where the individual may have committed an act of Gross Misconduct, then it is appropriate to move to the formal disciplinary process.
What constitutes Gross Misconduct?
Some typical examples of what may be classed as Gross Misconduct include:
- Deliberate and serious damage to property
- Serious misuse of an organisation's property or name
- Deliberately accessing internet sites containing pornographic, offensive or obscene material
- Theft, fraud, physical violence or bullying
- Serious insubordination
- Discrimination or harassment
- Serious incapability at work brought on by alcohol or illegal drugs
- Causing loss, damage or injury through serious negligence
- Serious breach of health and safety rules
- Breach of confidence
- Bringing the organisation into serious disrepute
Please ensure you refer to your organisations own policies and procedures as these may inlcude specific definitions of Gross Misconduct.
I want to make some changes to my employee contracts, how do I do this?
Once an employee has signed a contract you may not make any changes to the contract, no matter how small or insignificant it may seem, without the knowledge, agreement and consent of the employee/s in question. You must present the proposed changes to the employee/s along with reasoning and explanations for the changes. The employee/s must be allowed the opportunity to review the proposed changes, make any consultations they wish, for example with a union representative or solicitor, then be allowed to reply to your offer and even make alternative suggestions to you. If necessary you may need to conduct a negotiation to reach an agreement from all employees concerned.
If asked for one, do I have to give an employee who is leaving a reference?
You are under no obligation to provide an employee with a reference and if you choose not to provide one you do not have to offer a reason why. If you do decide to give a reference you can control the terms under which it is issued, for example you can stipulate that it is confidential for the new employer only and should not be seen by the employee. The only rule you must uphold is that all references must be factually correct otherwise you could be found legally responsible and face further action from either the employee or the new employer.
As an employer, what are the main legal issues I need to be aware of regarding age discrimination in the workplace?
Any form of age discrimination is illegal and can result in severe penalties should a case be brought to tribunal. Employers must never discriminate on the grounds of age. The main issues to be aware of are:
- Internal promotion and training must be open to all employees regardless of age.
- Many employers have removed age or date of birth from application forms and the recruitment process and only ask for this information once the position has been offered
- Recruitment adverts must make no reference to specific years experience required as this can refer to age.
- Please be aware of reviewing any employee benefits given on the grounds of experience or length of service as these could also be seen as discriminatory on the grounds of age
Are there any legal implications to consider when inducting a new employee?
As an employer you have a legal duty to provide new employees with relevant, clear and concise Health and Safety Training. All employees must be made fully aware of the organisation's HSE Policies and Procedures to include, for example:
- How to raise the alarm in the event of fire
- Fire escapes
- Muster points
- First Aid Station
- Identification of Trained First Aiders
- The use of stair banisters
- Reverse Car-parking
They must also be told about relevent policies and procedures such as drug and alcohol misuse and manual handling lifting and carrying etc. As well as good practice, a thorough HSE induction can also protect the employer in the event of a claim being made by an employee regarding HSE negligence. You must be able to provide evidence that all employees are fully aware and accept all HSE polices and procedures.
What can I do about an employee's poor performance?
A standard approach would be to hold a Performance Meeting (either formally or informally), discuss the issues, and establish the causes. Then agree a plan to correct the poor performance, set a review schedule, and continually monitor progress against the plan. If this corrective action is successful, the individual's performance will now meet the required standard, and the positive performance management cycle is resumed.
But, what if the corrective action doesn't work?
If the individual has made a genuine effort, and their improved performance falls just short of the desired standard, then it may be reasonable for the manager to go back round the corrective action cycle again, as this may resolve the issue. However, if there has been no noticeable improvement, and the manager has done everything possible to support and encourage the individual, the manager should consider dealing with the individual's poor performance using the organisation's disciplinary procedure. Before embarking on this course of action, we would strongly recommend you read through your disciplinary process, and also consult with the relevant Human Resources contact in your own organisation.
