5 November 2007
Outside the streets crawled with imaginary creatures,
Knocking on doors were the trick or treaters,
First Halloween and now Bonfire night,
When all is not quiet or out of sight.
But the same can be said of the office it’s true,
HR have scary moments and face fireworks too
Buddy’s top nightmares we humorously reveal
And give you some tips on how to deal.
The dreaded interview
Partnered up with an inexperienced manager your worst fears are realised when they ask the candidate “How long do you intend to stay in the UK?” or “How many children do you have?” and promptly earn themselves a kick under the table! Best advice is to make sure everyone involved in the selection process has received training in equal opportunities and stick to a set of questions prepared in advance.
The big threat
An ET1 received in the post is enough to send most HR professionals into a blind panic. Take a deep breath instead and begin by establishing who the Claimant is and check whether the Tribunal has jurisdiction to hear the claim or if there are any preliminary issues you need to raise. Review what the Claimant is alleging occurred and prepare your case in answer, setting out the events in chronological order, making it clear what is and what is not in issue. Make good use of the 28 days you have to respond, to gather your facts and take legal advice!
The office exorcism!
Expelling an employee from the building can make the hairs stand up on the back of your neck! Will they go quietly or cause a scene? If you are going to sack someone on the spot, preferably pick a quiet time and place. Ask what personal belongings they need and get the manager to collect them rather escort the employee back to their desk. Remember to follow through in writing and allow an appeal under the modified dismissal procedure.
Ghostly whispers
Rumours on the office grapevine can leave employees smouldering! Misleading information, conspiracy theories and the hidden agenda can ignite a fire for employee relations. Be open and honest and dispel the myths head on. Plan your communication strategies to tackle organisational change and consult with staff and/or the union. Setting up an employee forum or joint consultation committee can be a great place to start and could put your organisation in a stronger position in the event that you receive a statutory request to collectively consult.
The green –eyed monster
Most workplaces will have at least one employee who always thinks they have drawn the short straw. It’s simply not fair! When they come to you to have a quick word it sends a chill down your spine. It could be any reason for complaint – the allocation of car parking spaces, extra leave for senior staff or the fact that only parents get to work flexible hours. Make sure your policies are clearly documented. Apply them fairly and consistently and know the rationale behind any discretion. Encourage employees to use the grievance procedure to ensure complaints are taken seriously and dealt with properly.
Stepping on an employee’s toes
There is nothing stronger than an employee’s matter of principle or faith and dress codes are notorious for making sparks fly! Employers have made the news over decisions concerning the Muslim veil, a nose piercing, a cross, men being forced to wear ties and even novelty socks! Your standards of appearance may seem perfectly acceptable to you but take care that they do not directly or indirectly discriminate. If employees of one gender or a certain faith are put at a disadvantage make sure that you can objectively justify the provision. Enforce the policy sympathetically and explain your reasons.
The loose cannon
A manager’s comments can reap havoc in the office, leaving HR to pick up the pieces. An example of this was reported just last week. A Leicestershire Councillor went on record saying that staff would be given paid time off one afternoon to do their Christmas shopping. The Councillor justified this move by saying that it would prevent staff from skiving which would be more disruptive. Although a nice gesture the plan back fired as the staff, angered by his comments, subsequently complained! The Council has since sacked the Councillor, retracted his statement that paid leave would be given and has sent written apologies to the staff. Clear guidelines on the responsibilities of managers and rules on talking to the press can help to minimise the risk.
Shock syndrome
For some HR Managers being expected to deliver a training session will send them into a state of shock! After all that’s what trainers are for. The reality is that managers do need to know the practical effect that employment law has on their day to day responsibilities and ideally all staff should receive equal opportunities training. Preparation is key but if you still feel uncomfortable or out of your depth we have materials that can help you or we can design and deliver the session for you.
These are just a few of the challenges in HR, which a Buddy subscription can help you to face. If you want Buddy to advise you on a sticky situation, you can post a question in the Discussion Zone or, if you have a horror story that you want to share email buddy@clarkslegal.com.
Note: Buddy will be taking a short holiday next week, so that instead of the usual Monday, next week's Buddy article will be published on Wednesday. By way of a sneak preview, this will be entitled How to stop employees driving you mad, and will deal with what employers should be doing to protect themselves, their employees and others when employees have to take to the road as part of their job.