Top Ten Tips on Preparing your Organisation for Growth

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Category: Employment Law Guide

Not many organisations have been immune from redundancies in the past few years and most are staffed by the people who survived the experience, as few employers have been recruiting. The recession has impacted on trust, as well as damaged motivation levels and eroded engagement. Below are some pointers on how to re-build relationships at work, and invest in staff, so that they are up and running at full pace by the time the economic clouds well and truly lift for your organisation.

1) Rebuild trust and boost morale

Levels of trust, eroded by the recession, must be re-built by treating employees fairly and consistently. Dealing with stress and grievances is necessary but distracting and costly. Analyse the impact of the recession on your employees. What was your pre-recession level of engagement, and how does it compare to the present level? If there’s a downward trend, what’s causing it? Ask employees what’s important to them, and consider how effective you are at providing things employees say they want. Be honest; telling the truth is the only effective long term basis for building trust.

2) Improve communication

To successfully remove perceived barriers between senior management teams and other employees, the communication needs to be interactive and two-way, not simply a general email to all members of staff. Adopting an ‘open’ policy when it comes to communication will also help senior management to re-build levels of trust between top and bottom staff that may have been eroded during the recession. Be realistic and honest by not downplaying the negatives but reassure people that you will survive and are well placed for sustainable growth.

3) Clearly define job roles

Job roles which have become blurred following waves of redundancies, and ensuring that employees are clear on their individual responsibilities within the organisation, is one crucial way to can get staff focused again. Surveys have shown that many employees do not understand how their current role helps the organisation to succeed. The right people doing the right jobs, is absolutely critical to sustain growth. Control structures which work for cost control may be less appropriate during growth. Align the size and structure of the workforce to ensure you are prepared for the upturn. Remember that you need to be lean without being mean or skinny.

4) Succession planning

Think about whether you will have the talent to thrive when the economy turns. If not, consider an in-depth review of managers at all levels that looks at their past performance, performance in current positions, and their potential performance in roles with more responsibility. Many organisations continue to see talent management as a key survival strategy to differentiate them from competitors and position them to benefit from the eventual upturn.

5) Consider talent acquisition

There is an opportunity to pick up talent from less secure employers. Recruit people based on where you want to be, not where you are.

6) Top performers

When preparing for the upturn holding on to top performers is crucial, because whilst it may not currently be a good time for staff to be looking for a move, once organisational performance improves employees could see it as a good opportunity for change. Invest in top managers and critical jobs. Let high-potential employees and top performers know how special they are and how what they do today is tied to future success of the organisation. Do not presume it’s obvious. If you’ve already told them, tell them again clearly, openly, and unambiguously.

7) Training

Training is key when preparing for the upturn as it can help to keep top performers focused and motivated at work and prepared for the upturn. Without training or any sense of progression, morale and loyalty can soon wither away. When it comes to filling your skills gaps, it is often better to fill by retraining, than bringing in new staff. Even though training budgets may have been cut during the recession development activity must target certain areas of the workforce and ensure that they are receiving the attention and opportunities for the progression that they need. Many organisations adopt the ‘if we train them they’ll just leave’ attitude’, but in reality good staff are more likely to leave if they don’t receive training. Training should be pushed in the direction of line managers as these are the members of staff close to employees and they can ultimately get your workforce back on their feet, motivated and ready for the upturn. Investing in line manager capability is critical; it is their behaviour which determines whether staff give real commitment to their employer.

8) Lift pay freezes and restore reward equilibrium carefully

When the economy deteriorated, many organisational leaders took steps to limit losses, including implementing layoffs, and freezing or reducing pay. Now, many are restoring bonuses and considering pay increases. But it is not just about salary so you need to find a mix of benefits and non-monetary rewards. Non-monetary factors are becoming more important to employees, which reflect a mind shift among employees who want good pay and benefits, but are also looking for paid time off, holidays, flexible schedules, and a secure place to work. To determine the non-monetary rewards, you should consider what is really important to staff in order to create a relevant retention strategy. Research shows a real disconnect between what employers offer employees and what they actually value.

9) Do not take your staff for granted

Engagement is just as important in a recession as it is during periods of growth. Ask them what you need to be doing and implement the good ideas, giving recognition to the people who thought of it and those who make it happen.

10) Focus on core activities

Make sure your training and performance review systems are linked to service delivery and the organisation’s mission. Understand and promote the benefits of aligning your internal culture with your external image.

Finally, it is worth remembering that strong leadership more or less trumps any other retention factor when it comes to the engagement, productivity and future development of employees. And it is worth saying again that all of an organisation’s efforts to fulfil employees’ needs will count for nothing, if you do not have in place effective employee communication practices, that are interactive, and provide opportunities for employees to have real conversations with senior management.

A case has been brought in the European Court of Justice (ECJ) to determine whether obesity can be a disability under EU discrimination law. The claimant, who is obese (25 stone), was a child-minder for a local authority in Denmark. He was dismissed because his obesity meant he was unable to perform his duties, including on one occasion when he needed a colleague’s help to tie a child’s shoelace. He is arguing that this amounts to disability discrimination. The current position under UK law is that obesity itself is not a qualifying disability for protection from discrimination. However, if the obesity was caused by an underlying medical condition or it gave rise to impairment, such as mobility issues, that condition might constitute a disability if it has a substantial and long-term effect on the employee’s day to day activities. Being obese makes it more likely that someone is disabled.

Potential implications

Approximately 25% of the adult population in the UK is obese with another 25% being overweight. Obesity is also rising across all European countries. If the ECJ determines that obesity is a qualifying disability the implications for both employers and employees will therefore be significant in the UK and Europe. In the event of such a ruling, employees who are obese will have the same legal protections as those with other physical or mental impairments, including protection against unfavourable treatment or dismissal on the grounds of their size.

Employers would have a duty to make reasonable adjustments to the workplace or working arrangements to accommodate obese employees. This might include taking account of the requirements of obese employees when designing the office layout or when considering which tasks, such as those involving manual handling, are assigned to such employees.

Debate

The case has re-ignited the debate as to whether obese employees should have legal protection. Many believe that obesity is a lifestyle choice and one which can usually be avoided, so is different to other long term impairments. Accordingly, it should not count as a disability but employers should instead assist obese employees by providing a healthy work environment with access to support, to reduce their obesity, and employees should be expected to co-operate with their employers in dealing with it. If I were to go back to my first law degree, we were taught that the reason for discrimination law is to prevent prejudice against characteristics over which we have no choice e.g. sex and race. Obesity has a range of causes including medical conditions. No-one would relish the prospect of trying to distinguish between the ‘worthy’ and ‘unworthy/self-inflicted’ obese employees.

Outcome

The Advocate General has issued his give his opinion that there is no freestanding prohibition against discriminating on the grounds of obesity but obesity may amount to a disability if it is ‘severe’ i.e. it ‘plainly hinders full participation in professional life’. He suggests that this would include people with a BMI of over 40.

It is now very unlikely that the ECJ will rule that obesity on its own is a qualifying disability. How they will handle the Advocate General’s opinion is difficult to call. In reality people with a BMI of over 40 are probably already covered by the UK case law as described earlier. It is to be hoped that the Court will go with the UK approach rather than the slightly arbitrary numerical approach.

It makes good business sense to address a disability and any necessary reasonable adjustments. For most employers the issues is not a moral or legal one, it is all about whether someone can do the job, albeit with some minor adjustments regardless of whether someone meets the legal criteria. Employers have their opportunity through regular meetings with employees to gain a good understanding of how they are performing or coping. If this identifies difficulties with being over-weight/obese:

  • Keep an open mind, avoid jumping to conclusions
  • Encourage exercise and healthy eating
  • If appropriate, formally advise the employee when their size is having an adverse affect on their ability to undertake their job duties,
  • Seek input from Occupational Health or GP’s opinion on health & weight
  • Consider whether or not these amount to reasonable adjustments
  • Assess the impact on the business/the individual of any adjustments suggested and agree a supportive action plan of weight reduction
  • Implement adjustments or an exit strategy
  • Document what you have done.

The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.

The Ten Commandments are a set of biblical commandments relating to worship and ethics, which play a fundamental role in Christianity and Judaism and which are also upheld by other religions as a Universal Code of conduct. These life rules were thought to have been received by Moses around the 13th century BC, so they’ve been around for quite some time. Not surprisingly such commandments sometimes struggle with problems arising from new technologies. The fact that a Church of England diocese (Bath and Wells) has issued a list of social media rules to its staff and clergy, urging them to consider God when tweeting has caused a bit of a stir, including headlines such as ‘Thou shalt tweet responsibly’. They have been dubbed the ‘nine commandments’. Given that they are designed to guide people through the temptations of social networks and hopefully eradicate embarrassing situations they may be helpful to other employers in dealing with their social media issues. They are asking those who participate online to act in the same way that they would offline, which is probably something we should all bear in mind whether we are Christians or not.

Officials are urging tweeters to ask, ‘Would God like my tweet?’ before posting as well as asking them to keep the following commandments in mind:

1. Don’t rush in
2. Remember tweets are transient yet permanent
3. Be a good ambassador for the Church
4. Don’t hide behind anonymity
5. Be aware of public/private life boundaries
6. Maintain a professional distance
7. Stay within the law
8. Respect confidentiality
9. Be mindful of your own security

The first rule – don’t rush in – urges ecclesiastical tweeters to consider the following:

  • Is this my story to share?
  • Would I want my mum to read this?
  • Would I want God to read this?
  • Would I want this on the front page of a newspaper?

A spokesman for the diocese said that publishing the resource was what any good organisation would do it does not change their understanding of confidentiality or responsibility. They also state that the nature of social media means the distinction between public and private conversations can be blurred. Communication in this form also happens a lot more quickly than many other forms of communication. Their principles are similar to the C of E.

Lessons worth sharing with your employees would include:

  • Take responsibility for the things you do, say or write.
  • Remember that participating online results in comments being permanently available and open to republishing in other media.
  • Be aware that safeguarding, libel, slander, copyright and data protection laws apply
  • If you have any doubts, take advice, but remember that you are responsible for your online activities.

This is a fast moving and increasingly common issue for our clients. They often have to deal with the implications of comments made about colleagues, their employer and clients/suppliers. Our Social media policies and good practice rules continue to evolve as our experiences and case law develop. Most of the problems seem to arise because people do not stop to think through the implications, so you have to keep educating your employees lest they embarrass themselves and you.

If you are not already a client, we would suggest:

  • Produce a separate social media policy with details of what is not permitted outside of work as well during working hours
  • Ensure that employees are aware of your social media policy
  • Check that your disciplinary policy co-ordinates with the policy on abuse of the internet.
  • Specify clearly policy that private and business communications could be intercepted and warn employees in advance of the monitoring which will take place and why.

We are happy to advise on drafting of such policies or of handbooks and contracts of employment.

The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.

Many people believe that employers cannot give a bad reference but it is just not true, although bad references are very rare!

If you give a reference, you have a duty to take reasonable care to ensure it is true, accurate and fair and that it is not misleading. This duty is owed to both the employee and to the new employer.
So a bad reference which you cannot substantiate runs a risk of the employee suing you for damages if they lose a job. They could also bring a claim for defamation or discrimination. The new employer could sue you for giving a good reference to someone who is/was unsatisfactory if they have suffered losses as a consequence. In the circumstances it is perhaps not surprising that many employers opt for giving good reference or ‘tombstone’ references e.g. “S/he worked from X to Y as a clerk”.

One option is to provide no references at all which unless there is a contractual right or you work in certain sectors such as Financial Services or Care is a lawful approach but is not exactly helpful to either the employee or their new employer. There is still a risk, particularly of discrimination claims, unless you stick rigidly to a no references policy.

This means that employers should not:

  • Provide a discriminatory reference (this refers to discrimination in one or more of the 9 characteristics protected by the Equality Act, such as age, disability, or race).
  • Make an untrue statement that damages the reputation of the employee or causes economic loss
  • Provide a reference that victimises an employee (for example, if they have made a previous claim for discrimination)
  • Provide inaccurate information (including referring to an employee’s misconduct where there has been no investigation)
  • List spent convictions unless they are covered by the exceptions to the Rehabilitation of Offenders Act
  • Include any sensitive personal data without the consent of the employee concerned (such as reasons for sickness)
  • Fail to respond to specific questions without explaining why.

Ensure the reference is not only factually accurate but also fair and not misleading in the overall impression it gives to the recipient.

When providing a reference;

  • Ensure that it is prepared by someone who knows the individual, has all the relevant information regarding them and is aware of the potential legal consequences.
  • Be factual about issues e.g. if you dismissed the employee for poor performance then whilst the ex employee may consider that you have provided a bad reference it is in fact a truthful one.
  • You may offer your opinion, but it must be clearly identified as such and not be malicious or humorous.
  • Head your letter “Private and confidential”. This has little value in law but does serve to remind the recipient that the document should be used with discretion. Regardless of their rights, the subject may become aware of the content of the reference.
  • Consider — if you were taken to court, could you substantiate all that you have written?

Always take professional advice if in doubt.

The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.

Many employers will claim to have devised policies to help cope with World Cup-related business disruption, but will struggle to articulate what they are.

Even though most of England’s games are late in the evening there can still be disruption from people who work the next morning, are on shift at the time and who support other countries. To minimise the impact of all of this, the first step may be to devise an action plan. The football may generate an increase in holiday requests – but there are no fixed rules about how to handle the issue. This means adequate policies and procedures should be in place to deal with staff absences. Hopefully these are already implemented but if not, check them now and ensure they are robust enough. Your approach should be clear and communicated well.

Individual employers must decide whether they allocate holiday on a first-come-first-served basis; leave it to Managers; have a ballot or request personnel give longer notice than usual. Be prepared to deal with leave requests in a fair, proportionate and non-discriminatory way and if you can, perhaps agree a slightly higher level of holiday requests than you would normally permit. Manage staff expectations to ensure that the business does not suffer disruption from disappointed staff.

It is worth advising/reminding employees of their requirement to be at work and the consequences of unauthorised absences. It is a good idea to let employees know that particular scrutiny will be paid to absences during the World Cup period.

Different approaches that employers can consider to help employees enjoy the matches that are important to them without compromising the needs of the business, include:

• Flexible working hours
• Shift swaps
• Unpaid leave
• Special screening of matches on premises

Take care that employees’ natural desire to support their national teams does not lead to discriminatory or harassment conduct. If you only allow staff to watch events in which England are competing, you could receive a race discrimination claim.

Whatever you decide, ensure that your policies are properly communicated to all concerned. Employees should know who to report incidents to and then these should be addressed swiftly as a grievance. Employers must also be able to demonstrate that they dealt effectively with any complaints.

On the upside, the World Cup not only presents employers with challenges, but also a golden opportunity to engage positively with workers. The secret will be planning ahead so that both you and your people can enjoy the Games. We would advise flexibility and ensuring that expectations on attendance and performance are communicated as soon as possible.

Action Points;

1. Plan your approach to holiday requests
2. Manage attendance and timekeeping fairly
3. Manage how and how much employees can watch/listen to events
4. Make sure it is fun and does not turn nasty.

Research suggests that when employers demonstrate they care about their staff and their interests outside of work, employees are more likely to go the extra mile for the organisation.

The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.

By Cathy Norton

The government has just announced that the Bribery Act will come into effect on 1 July – are you ready? It places a new burden on employers to ensure their employees or representatives do not engage in corruption.
Any employer could be liable if it does not have “adequate procedures” in place to deal with the issue, and will have a responsibility for the corrupt acts of not just its own employees but also agents, subsidiaries and joint venture partners.

For dealers, the most significant part of the Act is the new corporate offence of failing to prevent bribery. On a strict liability basis, an organisation will be liable and subject to an unlimited fine if they have negligently failed to prevent bribery or a corrupt act – unless they can prove they have taken genuine measures to prevent it.

Corporate hospitality
The media have suggested that some corporate hospitality could fall within the definition of bribery.

Strictly speaking it could, but this is not the intention of the Act. Wholly excessive hospitality, however, which is not ‘reasonable and proportionate’, could get you into trouble – offering that fleet manager a luxury cruise to the West Indies might attract attention, but tickets to Wembley probably won’t.

Business safeguards
So what should you do to safeguard your business?

• Assess potential risks associated with your current business practices and, where appropriate, implement or update anti-corruption procedures.
• Consider if your employees need training, if their employment documentation should include express obligations relating to corruption, and if disciplinary procedures should be updated to include corrupt acts as examples of misconduct.
• Although it is a defence for a business to prove it had procedures in place to prevent bribery, these should be comprehensive and must be enforced. A theoretical paperwork exercise will not do.

The full guidance can be found at www.justice.gov.uk/guidance/docs/bribery-act-2010-guidance.pdf. It is not a one-size-fits-all approach. Employers are encouraged to put in place procedures that are proportionate to the risk of bribery they face.

You can contact Cathy at Cathy@www.backuphr.com

This Government says it is looking at ways of reducing the burden on employers, in particular by reducing the likelihood of a Tribunal. But such legislation changes are a long way off still – what can individual dealers do to protect themselves? Here are our top ten tips:

1. Policies, Procedures and Contracts of Employment. Keep everything up to date and recorded, especially The Written Statement of Employment Terms and Conditions. Note all changes to salary and working hours, and put all rules in writing, e.g. about absences, timekeeping, health and safety, use of business facilities and equipment, preferably in a handbook.

2. Train – train managers and supervisors to deal with any problems that arise, following the correct procedures. Nipping problems in the bud is much preferable to having all the right policies stuck in a bookcase and never referred to. Keep a record of all training, formal and informal, that you do.

3. Follow Procedures. Make sure you follow your procedures! Failure to do so will almost certainly make a dismissal unfair. Most cases are lost through procedural failure – ensure everyone has a fair chance to have their say, to be accompanied and take full notes.

4. Do not jump to conclusions. Before disciplinary action, fully investigate, preferably with a different person to the one who may have to decide on a dismissal. Do not pre-judge; check relevant documentation, interview all witnesses and leave no stone unturned. Type up all the statements, get them dated and signed. Never dismiss staff on the spot or in anger, no matter how serious their actions, but suspension from work with pay may be appropriate.

5. Fairness and Consistency. Be consistent – decisions should not only be fair for the individual but consistent with your past treatment of similar conduct. Most employment rights come down to proportionality: is there a problem and what is a proportionate way of dealing with it? i.e., ‘serious issues should be treated seriously’. You should only dismiss for a first offence if it is clearly gross misconduct.

6. Mitigation. Before you dismiss for gross misconduct, show you have considered mitigating factors – the previous long/good service of the employee, whether the employee fully understood the seriousness of the conduct or whether it is likely to recur. In a dismissal letter state what mitigating factors were offered and why they weren’t considered satisfactory reasons.

7. Appeals. You must give the employee the right to a proper appeal. Let an impartial, more senior manager/director handle the appeal process. If mistakes have been made during the original hearing, have a complete re-hearing at appeal stage and overturn/ vary the original decision if appropriate.

8. Record Keeping. Employment Tribunals like facts that they can see and handle – the minutes, the letters, the evidence and so on. This will impress them more than memory of events 6 – 12 months ago. Some take the view that if an employer cannot prove a fact, then it did not happen. But remember, you are obliged to provide all evidence at Tribunal, so do not commit damning opinions to email, keep them oral.

9. It’s not what you do… It’s the way that you do it. Employment Tribunals are all about emotion; often the employee goes to court because they feel they were not handled with respect. They think their employer went through the motions or enjoyed the opportunity to get rid of them. Giving the matter enough time, listening and being thorough not only impresses Tribunals but tells employees (or ex employees) that they have been given a fair hearing, even if they don’t like the decision.

10. Get good advice. It is always better to get things right first time than have to go back and try to put right that which has already been done. More time spent planning how to correctly carry out an action means less time spent dealing with the fallout. If you are thinking about disciplinaries, dismissals, redundancies, acquisitions or restructuring, or if you receive a grievance from an employee, it is well worth investing a little time/money obtaining professional advice. The cost will pale into insignificance compared to how much you might lose at Tribunal.  Note:  Solicitors will certainly be able to tell you what the law is, but may not be able to give practical HR advice about what HR action needs to be taken as well!

The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.

 

Many Dealers have told us how confusing the new Fit Note regime seems to them. Added to which there are reports everywhere about fake Fit Notes that can be ordered straight from the web for as little as £9.99. Much of the confusion arises from operating a new system. Given that research shows that only 1 in 20 GPs followed government advice under the old sick leave system, then it is not surprising that it is taking time to bed in.

A Fit Note may state that an employee is ‘not fit for work’. But the scheme also identifies a ‘may be fit’ category designed to promote a dialogue between the employer and employee, enabling the employee to get back to work earlier with support including, where appropriate, temporary adjustments such as a phased return or less physical work.

Remember that GPs are not trained in occupational health to make an informed assessment of the employee’s work-related capabilities. Furthermore, employers are not required to follow the GP’s recommendations (subject to any obligations under the Disability Discrimination Act).

Employers should take the initiative when it comes to managing sickness absence by having in place detailed sickness policies which clearly set out triggers for action, and for employees to follow those procedures properly.

And there has always been confusion over whether or not an employee can return to work before the end date stated on a Med 3. Medical certificates represent advice from a GP, they are not legally binding, so if you and the employee agree it is appropriate for them to return to work then you do not have to wait.

Finally, there are websites advertising fake fit notes, described as authentic looking replica doctors sick note or medical certificates. With a guaranteed 48-hour delivery so all staff need reminding of the severity of the offence.

1.,Encourage honesty and create an environment where honesty and good attendance is expected and breaches are reported by your staff.
2.,Undertake good quality return to work interviews (the single most effective strategy).
3.,Keep good records and let staff know that you monitor closely.
4.,Follow the clear absence reporting procedure that employees need to comply with if they are unable to attend work.
5.,Train your line managers not just in detecting fraud and understanding employment law but in softer skills such as listening and counselling.
6.,Use peer pressure to encourage good attendance.
7.,Praise good attendance.
8.,Let people know that even genuine sick notes do not absolve their responsibility to attend work and return to work as soon as possible.

By Cathy Norton

The Government has announced that it plans to start phasing out the Default Retirement Age of 65 from April next year. When this legislation goes through, life for employers will get more complicated. Until then, the current rules (which mean employers can force staff to retire at the age of 65, regardless of their circumstance) still apply. So if you have employees coming up for retirement later this year or early next, or who are already over retirement age, you should seriously consider their situation now – even if you decide you still want them to continue working.

Legitimate aim
As yet, there is no definition of ‘objective justification’ (see panel) for a retirement dismissal. But based on what little case law on this subject exists in other areas, the employer would have to show that its actions are a ‘proportionate means to achieve a legitimate aim’.

In other words, the importance and benefits of the legitimate aim must outweigh the discriminatory effect, and there should be no reasonable alternative.

A legitimate aim could include

• Economic factors, such as the needs of running a business efficiently.
• The health, welfare and safety of the individual (including protection of young people or older workers).
• The particular training requirements of the job.

One thing is for certain, saving money by replacing older workers with younger workers at a lower rate of pay is not a legitimate aim!

Alternative roles?
Simply saying that older technicians are less efficient and are costing the business money would also be dangerous. Proving that a technician’s efficiency has reduced over time to a point where it is uneconomical might be allowed as a justification, but are there alternative roles available or reasonable adjustments that can be made?

Introduction

The way you take on, induct and develop your relationship with your employees determines largely how effective your recruitment is, and the long term future of your business. It is a crucial period that establishes the trust and mutual respect so essential to a long term relationship. There are many myths about the status of staff with less than 12 months service. Apart from the legal issues, there is much that can go wrong in terms of training, motivation and retention, all of which means that these are your most vulnerable group of employees in terms of staff retention.

It is a period during which the employment relationship is regulated slightly differently, as the employer is slightly freer to end the relationship before 12 months. But you need to clearly understand these differences if you are not to get yourself into real problems.

This guide will take you through the important decisions you have to make, both practically and legally, with regards to new employees. Follow these steps (and don’t forget to ask your BackupHR Consultant if you have any questions or need any more guidance) and you should steer clear of many of the pitfalls employers make.

You should improve your retention rate too, which would not be a bad outcome either.

Documentation

After the interview is over, the selection has been made, then the offer letter is the next most important step. Two key rules, do it quickly and do it professionally. If you get someone excited about joining you, a delay of a week in making the next step really takes the wind out of people’s sails, allows doubts to settle in and may just get them thinking about other opportunities.

Try to keep an offer letter brief, welcoming and compatible with other documentation, particularly the written statement of particulars of employment (commonly but mistakenly called the contract). And give new starters all their documentation as soon as they start or even earlier.

Many employers forget all about issuing the written statement once the person is on board or will hang on to the end of a probationary period. Apart from saving paper this approach has little to commend it. Not many probationary periods are for less than eight weeks and the law says people must be given their written statement of main terms & conditions of employment within 2 months of starting work.

An important point to note, if you are so badly organised that you cannot be bothered to sit down and prepare this, don’t lose patience with the employee who keeps on asking for it. It is automatically unfair to dismiss an employee regardless of length of service, because they have asked for this statement.

Remember:

* Make offers quickly

* Send all documentation before or when employees start

* Employees must have their written statement within 2 months

* This is not the same as a contract

* A probationary period makes no difference

* You cannot dismiss an employee because they have asked for their statement

Induction

There is little compelling you to implement a good induction programme from an employment point of view. But common sense and practice suggests it is essential. It does get people productive sooner and makes them less likely to leave or become otherwise disengaged if they are properly trained and looked after.

On the other hand in Health & Safety Legislation there is a real and serious requirement. You must induct people thoroughly and promptly, including subjects as varied as fire and emergency evacuation, work station ergonomics, manually handling techniques, and how to undertake their jobs safely, often referred to as safe systems of work. It is advisable to make sure that having inducted each new worker you have a record of what training you provided and when.

Typical subjects to cover:

* Company history and mission statement

* Key Personnel

* Company Handbook

* Health and Safety

* Disciplinary and Grievance

* Pre-employment Checklist

Remember:

* Everyone should be inducted

* You must cover Health and Safety

* Keep training records