Bolton, Lancashire (PRWEB) April 17, 2013
Manchester HR Consultants, Personnel Solutions share their tips on how to avoid expensive mistakes in the workplace.
1. We dont usually bother putting things in writing
It is important to record the terms of the employment relationship in writing. Verbal contracts often end up in disagreements and employment disputes. Employees are legally entitled to receive a written statement of particulars of employment within 8 weeks of commencing employment.
A tribunal can award compensation of 2 or 4 weeks pay (at the tribunal’s discretion) where a statement has not been provided. Be sure to provide the employment details in writing, advises Jane Carroll of HR Company, Personnel Solutions.
2. People are always absent through sickness and I cant do much about it
High levels of absence cause serious problems in terms of efficiency, productivity, profitability and morale.
Employers should measure attendance and adopt a robust absence management procedure with the use of return to work interviews to gather information and deter non-genuine absence. Capability or disciplinary sanctions should then be used as appropriate recommends Jane; partner of the Manchester based HR Company.
3. I havent any disabled employees so I dont need to bother about disability discrimination law
The definition of a disability under the Equality Act 2010 is varied. For example, heart disease, chronic arthritis and epilepsy are all conditions that are likely to be a disability under the act so care must be taken when determining what constitutes a disability.
It is unlawful to discriminate unless this can be objectively justified. The obligation to make reasonable adjustments is a crucial part of disability legislation.
The employer is required to take reasonable steps to avoid any disadvantage and a failure to do so may result in discrimination. Reasonable adjustments may include time off to receive treatment or a change in working practices. Compensation in discrimination claims is unlimited advises Jane.
4. Im not really happy with him, but hes not that bad
Concerns should always be dealt with at an early stage to avoid issues escalating and employees accruing unfair dismissal rights. The purpose of a probationary period is for both the company and employee to determine whether the job is suitable for them.
It is vital to have a formal and documented process to justify any remedial or termination decisions and to eliminate claims of discrimination Suggests Jane of Manchester HR Consultants, Personnel Solutions.
5. It was gross misconduct so I fired him on the spot
Employers can dismiss employees without notice but it is not considered fair to dismiss an employee on the spot with no investigation or disciplinary hearing. The ACAS code of practice sets out the procedure to be followed.
Employment tribunals will take the code into account when considering cases. The procedure is an important aspect and tribunals will often find dismissal decisions procedurally unfair. Tribunals are also able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the code.
The maximum award in unfair dismissal claims is currently