Mark Williams Action Coach

Does the idea of losing your best people give you sleepless nights? Would you struggle to replace people if they leave? Do you find it difficult to attract and keep great employees? Do you sometimes feel like your employees don’t live up to your expectations?

You probably love your business. You’re likely to be passionate about it and, if you’re like most small business owners, put your heart and soul into its success. Yet finding employees who share that passion, who are willing to put in the extra effort, is hard. And when you do get them, keeping them is even harder. In this article, I’ll explain what YOU can do to build a business that great people LOVE working for and never want to leave.

Performance = Potential – Interference

In Leadership that Gets Results (published in the Harvard Business Review), Daniel Goleman explains that there are 6 key factors that minimise interference and increase employees’ performance. Get these right and you’ll have high-performing, happy teams who love their work. Get it wrong and you’ll never get to see just how good they could have been.

The 6 steps to Maximise Motivation are:

1. Clarity:

This is the biggest and most important. In order to perform at their best, people need to know where they’re heading, what’s expected, and how everything fits together. It requires clarity of purpose from the top, and then continuous and consistent communication. If you get it right, your people will know the mission and direction of the business, what is required of them, and the role they play in achieving overall success.

It’s easy to say, but can be tricky to get right. A 2020 study by Gallup showed that 35% of U.K. employees strongly agree that their employer has communicated a clear plan of action in response to the coronavirus, compared with 50% of U.S. employees. If your team does not do what you expect, consider how well you have communicated with them. It might be that a little more clarity would make them more effective, more efficient, and make leadership a lot less frustrating.

1. Standards:

If you’re looking for high performing employees (and who isn’t!?), it’s essential to set standards. To get the most from staff, they need to understand the expected levels of performance and ‘what good looks like’.

How well do you set and communicate standards? Do people know what they need to achieve? Are there goals which are both stretching and achievable? Does underperformance get addressed, or is it allowed to continue?

Companies with high standards have clear goals, aligned with the overall vision, and leaders monitor progress against them. High achievers thrive on hitting goals, so make sure you set some so they’re motivated to keep hitting them.

1. Responsibility:

Do you find that you’re forever getting interrupted by staff asking you to review work or make decisions? It can be frustrating for leaders to do this, but it’s just as limiting for employees. High performers like to be given responsibility and run with things, so check whether you’ve given clear delegated authority.

Let your staff know what decisions they are authorised to take, what they need to refer to others for, and help them take full ownership of their own work. Good people will actively seek extra responsibility and will want the chance to take ownership for the success of their work. If they need to run everything past the boss, they are unlikely to feel full ownership. And if the boss makes all the decisions, guess who takes the blame when things don’t go right!?

Look for people who like responsibility, but challenge yourself too. Are you really delegating what you could be or does your inner control-freak get the better of you?

1. Rewards and Recognition:

When you mention rewards, thoughts often turn to money, and yes, people need to feel they’re getting fair pay for the work they do. But actually money is only one form of reward. In fact, the most admired companies pay 5% less than their competitors. Why? Because people want to work for them for more than pay. They want the training, the exciting work, the exposure to brilliant colleagues and the culture as well as the money and the right name on their CV.

Committed and driven employees like to know how they’re doing. They want timely and meaningful feedback from a credible source. They want to know whether they’re meeting expectations and where they need to improve. And they want to work in a meritocracy, where the best performers get more praise, reward and recognition than those who don’t perform at the same level.

To get this right, make sure you’re praising and recognising more than you’re criticising. Find people doing something right and make a point of praising them. Make celebrating achievements a habit and give more of the credit to those who deserve it most, then watch as people strive to achieve ever more!

1. Flexibility:

Richard Branson is credited with saying “Red tape will often get in your way. It’s one of the reasons I often carry scissors.” One of the big causes of underperformance in the workplace is employees feeling like they spend too much time and effort battling against bureaucracy. Whether that’s systems that need automating, ineffective processes that inhibit performance or unnecessary rules and regulations that slow things down, bureaucracy kills productivity.

That’s not to say rules, systems and processes are not important. They are. But they should be focused on increasing productivity, not decreasing it. Hold regular discussions to find ways of working more efficiently. Ask the team what they need to work at their best and you’ll quickly foster a culture where people feel involved, and focus on finding solutions rather than complaining about problems.

1. Group commitment:

Get the 5 factors above right, and it’s likely you’ll have a committed team, pulling in the same direction and united around a common goal. They’ll achieve great results and be understandably proud of their work and the company they work for. And they’ll go t

he extra mile for you, their colleagues and their customers.

Not only will talented people want to work in that environment, they’ll be way less likely to leave. In fact, your company will become a magnet for ambitious, talented people who want to do great things.

Why the hell would anyone want to work for you?

It’s easy to bemoan the lack of talent and loyalty in the marketplace. If you take the “You just can’t get the staff these days” attitude, frankly you are unlikely to find them. Start a little closer to home. Start with this question: “Why the hell would anyone want to work for you?”. If you can’t clearly articulate this, I’ve got good news and bad news:

The bad news: great people will probably go and work somewhere else. And your best people might too.

The good news: you’ve now got a framework to build a culture where you get great performance from your people and they love working for you.

It’s not easy, but it is doable. You just need to be deliberate, determined and disciplined.

To find out more about how I may be able to help your Norfolk business thrive then please don’t hesitate to get in touch on 01603 559590 or email markwilliams@actioncoach.com – you can also get in touch through my contact form here. If you’d like to know a little more about my experience, expertise and accolades then click here.

by Charlotte Bate Director, MAD-HR

The benefits that an engaged workforce brings to the business are noticeable in a very tangible way. Engaged employees feel a sense of attachment towards their employer investing themselves not only in their role, but in the company as a whole and are fully supportive of its goals and values.

Conversely, the disengaged employee displays a lack of commitment to their role because of feeling disconnected or disengaged from the company itself.

There is a no ‘one size fits all’ approach to enabling engagement, because levels of engagement and its drivers vary according to the company, employee group, the individual and the job itself.

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Here are 7 top tips for improving engagement.

1. Company culture  
2. Engagement can’t be imposed from above; it’s about creating a cultural shift in the way a company or organisation behaves. Clear channels of communication with regards to where the company is heading, including current goals and objectives should be in place. Further communication should be a continuous process, which means employers should constantly be sharing new information with their employees, to encourage an open and honest working culture. Sharing company values helps cultivate a sense of direction so that employees understand what is expected of them and how their values align. Values that are lived and not just spoken, lead to a greater sense of trust and integrity.
3. Employee Voice
4. Allow employees to voice their views and concerns – and address them. Two-way communication is vital in business. Nothing is more damaging than unsubstantiated rumours or ill-feeling.
5. Value your People
6. Show you value the contribution your people make by giving them the power, the responsibility, and the trust to do so. Encourage their ideas for innovations and improvements. And importantly, give them proper consideration. After all, they’re the ones in the front line and know better than anyone what can make a difference.
7. Leadership
8. Good Leadership means having a clear vision of the future and effectively communicating this to employees. Integrity is key, which leads to our next three points.
9. Fulfil your promises
10. We have all heard of the ‘talk is cheap’ cliché, but this is no less true when it comes to team engagement. Employees will soon spot lip service and harbour a distrust of what you’re telling them if you don’t keep to your promises.
11. Healthy people are engaged people
12. Promote employee wellbeing, this shows you genuinely care about your employees’ well being and not just their productivity or output.
13. Think long-term engagement
14. Engagement is something that requires constant attention and should never be viewed as a “one-off” project or piece of work in which a box is ticked. An individual’s level of engagement can vary depending on what is happening around them and changes in the workplace may often affect an employee’s attitude towards their role and the business.

True engagement works both ways. To engage employees, employers must also be engaged and stay connected with both their business and their employees.

Communication is the key to employee engagement. Simply broadcasting your intentions to your team is not enough. The business world is full of good intentions with poor follow-through. If you would like some more practical advice on engaging with your team please let us know by calling us on 01473 360160 or visiting our contact page.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Camille Nickson HR Consultant, MAD-HR

Over the last 12 months the employer and employee relationship has moved into a different sphere. Openness, sharing of vulnerabilities and care for wellbeing has become the norm in many companies. With many staff furloughed for the majority of the financial year, along with the actual or perceived threat of redundancies and home working, it would seem reasonable to assume that it is unlikely that employees and managers will be engaged in the annual appraisal. Nevertheless, expectations of employees meeting readjusted targets regardless of the working environment is still necessary; therefore, what should the approach be?

As always, employers have several options open to them, for example:

1. Place the appraisal process on hold until the world returns to normal.
2. Move the annual review to a bi-annual process in the hope that the next 12 months will provide the chance to adjust the appraisal process, developing a fit-for-purpose process to match how companies measure their staff performance post-COVID.
3. Adjust the appraisal process to reflect the challenges of the last ten months, as well as current and future uncertainty. Include individual wellbeing plans (WAP), changing the focus from input and outcomes to reflecting on how to set staff up for success in the next 12 months.

As one might imagine, each option has pros and cons:

OptionProCon1.Releases time for both parties.Sends a message of uncertainty to employees.2.Releases time for both partiesDemonstrates an appreciation of the current climate, provides certainty by sharing how the process will continue.

May leave employees feeling undervalued, especially those who have worked through the whole of lockdown. They may feel their contribution has not been recognized or appreciated.3.Demonstrates an appreciation of the current climate, focuses on the number one reason for absence from work, supports employees and creates direction for all parties.The change of approach requires time to plan, communication and train managers and employees.

Should a company choose to continue with the appraisal process, they may wish to consider what staff should be measured against. For example, in the current climate it would be reasonable to measure staff against the following skills: resilience, flexibility, innovation, and positivity. However, such a move away from the traditional appraisal approach (namely, reviewing objectives and setting new objectives) would mean that the identification of training and career aspirations needs to be communicated with a clear rationale along with the impact of such change. Consideration should be given to any previous direct or indirect link to salary and appraisal; should this be the case, evaluate any subsequent HR risk to the business.

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Should companies take this opportunity to envisage a new approach? 

The current situation calls for employees to tap into the hidden benefits of the professional discussion. Moving to a professional discussion framework will provide a place for reflection by both parties, focused on the conversation rather than on paper work, allowing employers to concentrate on making the employee feel valued. Incorporate wellbeing into the conversation and motivating managers by removing the shackles of paper work could be liberating. A professional discussion chart and WAP could be all it takes.

It would be foolhardy for companies not to engage in some form of review, especially as companies become leaner and those employees that remain in employment will need to feel motivated, engaged, safe and informed. Providing high quality feedback to support a review based on resilience, flexibility, innovation, and positivity will provide the best chance to increase productivity and consequently competitive advantage.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Charlotte Bate Director, MAD-HR

Positive discrimination

We all recognise the importance of having a diverse workforce and how embracing a culture of diversity and inclusion makes good business sense in today’s climate. 

The subject has in fact been a high-profile issue for decades, resulting in several policies, laws and initiatives being introduced to ensure minority groups have equal opportunities when applying for jobs or promotions.

Whilst we know that the UK workforce is much more diverse than it was in the past, there is still a push for companies to continuously offer opportunities to all of their employees.

However, companies need to tread with caution to avoid accusations of positive discrimination, particularly when recruiting new talent. It can in fact be very easy to fall into the realm of positive discrimination.

What is positive discrimination?

Positive discrimination is the process of increasing the number of employees from minority groups in a company or business, which are known to have been discriminated against in the past. 

Positive discrimination also includes setting quotas or benchmarks in the recruitment process or promoting a specific number of people within a minority group.

Put succinctly, positive discrimination is when employers give preferential treatment to people with a protected characteristic rather than due to their suitability.

Is positive discrimination legal? 

No – In the UK, positive discrimination is illegal under the Equality Act 2010 as it does not give equal treatment to all.

This is because positive discrimination is still discrimination and applies to both recruitment and promotion. For example, it would be unlawful for an employer to recruit a candidate because they have a relevant protected characteristic, rather than because they are the best candidate for the job. Although more likely to be seen during the recruitment phase, we also see cases of positive discrimination throughout the entire employee life cycle., e.g., when making promotion decisions.

There are some occupational exceptions; for example, a women’s refuge can apply a requirement for its staff to be women.

Very often, employers will confuse positive discrimination with positive action, but they are not the same thing and are very different in key areas.

What is positive action?

Positive action is about creating a level playing field to enable people to compete on equal terms. It describes a range of measures which aim to eliminate unlawful discrimination and promote equality of opportunity. 

The major difference with positive discrimination is that positive action does not negatively affect other groups.

Positive action is allowed where a company reasonably thinks that a protected group is underrepresented or faces disadvantage. 

Under the Equality Act 2010, employers can take positive action to support those from under-represented groups, to help them overcome any disadvantage when competing with other applicants or applying for development and training. 

An employer can take positive action if the employer reasonably thinks that people with a particular protected characteristic suffer a disadvantage connected to the characteristic, have different needs, or are disproportionately underrepresented.

What action can be taken?

An employer can take any action provided that it is a proportionate means of achieving the aim of:

1. enabling or encouraging people who share the protected characteristic to overcome or minimise that disadvantage;
2. meeting those needs, or;
3. enabling or encouraging people who share the protected characteristic to participate in that activity.

Proportionate action

The action must always be a proportionate means of achieving the aim. 

If employers reasonably believe that there is a need to increase diversity in their organisation, they should firstly obtain credible evidence to confirm that there is an underrepresentation issue and evaluate the extent of the problem. 

This may involve comparing the proportion of the workforce that is of a particular minority group with national or local statistics. However, it should always be considered that underrepresentation will look different for organisations in more rural areas than those in large cities like London that will have a more diverse local population.

By first assessing the situation, employers will be able to demonstrate that there is a genuine occupational requirement for positive action.

In summary

It is vital that employers comply with current UK laws and understand the difference between positive discrimination and positive action. 

Where there is a clear imbalance of opportunity, employers can take proportionate measures to address the disadvantage and encourage participation without leaving themselves exposed to discrimination claims from individuals who don’t share the relevant protected characteristic.

Finally, it is important to note that while employers are permitted to take positive action in certain circumstances, they are not obliged to do so. Additionally, provided an employer bases its recruitment decisions on merit alone, then positive discrimination will not have occurred – but obviously this is a fine line to tread.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Charlotte Bate Director, MAD-HR

While progress has been made on dealing with discrimination in the workplace, it unfortunately lives on, albeit in less obvious forms.

At a time of unparalleled focus on the goals of equality, diversity, and the prevention of unfair discrimination, it seems odd that so many employers still struggle to properly prevent and successfully deal with discrimination in the workplace.

There is no questioning that discrimination is always wrong. We are all aware (or we should be) that everyone deserves to be treated fairly when at work. The impact of being discriminated against in the workplace can have far reaching and long-lasting consequences for both the individual and the employer.

Responsibility of employers and employees in discrimination cases

Let us pause for a moment here and talk about responsibility.

The Law states that the employer is liable for acts and behaviours (on a vicarious basis), as indeed is the individual. Simply put, both the employer and their employees can be held responsible for acts of discrimination.

There is, however, a defence available to an employer if it can show that it took ‘all reasonable steps’ to prevent the employee from instigating or engaging in the discriminatory act or from doing anything of that description under s109(4) of the Equality Act 2010.

What to do when faced with a discrimination complaint

Most employers are anxious when faced with discrimination complaints. And with good reason; not only are they damaging to good employee relations, with no statutory cap on compensation (unlike in unfair dismissals claims), any successful claims brought can prove extremely costly to the business.

Yes, our discrimination laws may appear complicated, but the key principles, as outlined in the Equality Act 2010, which show that an employer should not discriminate on the basis of the protected characteristics, are not particularly difficult to understand or indeed to implement and enforce.

When it comes to issues of discrimination, fair treatment is both a moral and legal duty for employers. They have a responsibility to investigate and respond to any issue they become aware of and to take all reasonable measures to protect employees from harassment.

Education and training, to all, on policies and expected behaviours is key in preventing discrimination in the workplace.

It is essential therefore that employers understand their key obligations, what discrimination is, how it may be identified, and what training can be put in place to help staff understand its severity.

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Prevention of discrimination in the workplace

Of course, if acts of discrimination can be prevented in the first place, so much the better.

The key steps to prevention mirror closely the key actions required of an employer in demonstrating it has taken reasonable steps to avoid discrimination occurring.

The courts have made it clear that those reasonable steps will normally include:

• Having and implementing an equal opportunities policy and an anti-harassment and bullying policy and reviewing those policies as appropriate.
• Properly communicating these policies and their implications to all employees (and workers).
• Training managers and supervisors in equal opportunities and harassment issues.
• Taking steps to deal with complaints effectively, including taking appropriate disciplinary action.
• Communicating the message regularly.

Training to prevent workplace discrimination

Proper training is key not only to the implementation and enforcement of policy in reducing the likelihood of discriminatory acts in the first place, but also, if discrimination has taken place, evidence of proper and regular training enables an employer to demonstrate that it took those ‘reasonable steps’ to prevent the discrimination and to deter and prevent unfair and unlawful practices which give rise to claims of discrimination.

Practical steps

Below are some practical and helpful tips for employers on what to do should they receive a complaint or allegation of discrimination:

• Keep an open mind. Many employers choose to bury their heads in the sand and simply do not believe that discrimination or harassment could be happening within their company. It is important therefore, that employers approach each and every claim of discrimination from a neutral stance and should never make assumptions or jump to conclusions, based on a personal view point.
• Investigate fully. Investigate every complaint received. Failing to investigate a complaint of discrimination is one of the biggest reasons for discrimination cases ending up in Court. Again, as above, employers should not come to any conclusions until the investigation is complete.
• Take the complaint seriously. An employee who sees that their employer is taking the problem seriously is less likely to escalate the issue and be open to an amicable and mutual resolution.
• Treat the complainer with respect and empathy. Generally, most employees find it extremely difficult to make a complaint of discrimination. They often feel vulnerable and afraid of possible repercussions or fear being accused of having made the allegation up. This can have a major impact on their performance and productivity at work. It can also potentially lead them to seek outside assistance, e.g., Solicitors. Employers should always be prepared to listen to the concerns raised and treat the individual with understanding and empathy.
• Do not retaliate. It is against the law to punish someone for raising a discrimination complaint. This is classed as victimisation and could land the employer in even more hot water, should the claim end up in Court. Whilst there are the more obvious forms of retaliation such as termination, discipline, demotion, pay cuts, or even just threatening these, employers should be mindful that more subtle forms such as changing their shift hours or work area or even isolating the individual by leaving them out of meetings and other work-related functions, will still be considered victimisation.
• Follow established procedures. Employers should always ensure that they follow their own prescribed policies on dealing with discrimination, Failure to do otherwise leaves themselves open to claims of unfair treatment by bending the rules.
• Maintain confidentiality. A discrimination complaint can polarize a workplace. Workers will likely side with either the complaining employee or the accused employee, and the rumour mill will start working overtime. Employers can avoid these problems by ensuring that a confidentiality clause is both explicit in their policy and through their actions.

However, if employers take all complaints of discrimination seriously, and follow a careful strategy for dealing with it, they can reduce the likelihood of a legal challenge and may even improve employee relations in the process.

If you would like to know more about how to avoid or handle discrimination within the workplace, vicarious liability or any other related topic, please contact us to speak to a member of our experienced, professional yet friendly team of HR Consultants today.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

Little-known ways to boost your profits with HR

by Elaine Coe HR Consultant, MAD-HR

Following on from the Prime Minister’s announcement on Monday 22 February, many businesses are now gearing up for re-opening.

This is the perfect time to take a moment and think about your company’s current position. What got you to this point and what is going to help take your business to a whole new level?

Arguably, the most valuable asset of any business is their people. The employees who work within your business are the cogs in the machine that keep your business running on a day-to-day basis. Keeping your employees engaged and happy will drive productivity and profit.

Every business needs to invest in human capital. What is human capital?

Human capital is an intangible asset or quality not listed on a businesses balance sheet. In short, it is the economic value of an employee’s experience and skill. This includes assets like education, training, knowledge, skills, health and other things employers value, like punctuality, dependability and loyalty.

The concept of human capital recognises that not all labour is equal. But employers can improve the quality of that capital by investing in employees – the education, the experience and abilities of employees all have economic value for employers.

Since human capital is based on the investment in employee skills and knowledge through training, these investments in human capital can be easily measured. As an employer you can calculate the total profits made before and after any investment, and any return on investment (ROI) of human capital can be calculated by dividing the business’ total profits by its overall investment in its people.

Hiring the right people is the number one strategy to drive profits for your business, but success is more than that. After you hire the right people, you need to keep them, and this requires an HR plan. Making a plan that focuses on human capital is something you should have at the top of your agenda. The plan needs to include putting the right people in the right positions. The vision, value and goals of the business should be communicated regularly to the employees. Celebrate success as a whole business; identify the business drivers to create the strategic plan; devise the leadership principles; and set accountability measures.

HR has never been more uniquely situated and placed than right now, in terms of helping businesses achieve bottom line results.

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“When done well, measures that utilise technology to bring efficiency to administrative processes have the potential to reduce costs on average by 30 percent” – Brian Lowenthall, Director of Hackett Benchmarking and Research.

There are effective ways that HR can build value. These value-adding efforts go by various names including: Transformational HR, Strategic HR and Culture Support. They all in essence refer to the same thing, the ability for HR to select and retain the right employees and help them do their best work. This is where real profit gains are to be found.

More HR strategies that can increase profit for your business:

Training and development – employees want to develop within your business and develop their skill sets. Offer them opportunities to become better and more productive.

Reward programmes – Give your employees an incentive to do a better job. Reward them for their hard work. Recognise their accomplishments and let them know they are valuable.

Open communications – Promote a working environment which encourages open discussions. Honesty is the best policy and feedback is valued.

Goal setting – Create SMART goals: Specific, Measurable, Achievable, Realistic, Targets, which are common goals for employees to achieve.

Mentors – Create a mentorship programme where new employees can embrace the culture and the knowledge of your experienced employees.

Flexibility – Telecommuting, virtual working, flexible schedules and work life balance are important to your employees. By being flexible your employees will ultimately work harder for you.

Compensation packages – Money, perks and benefits are important to every employee. What does yours currently look like? Can it be improved?

Team building – Individuals are great, but teams will make your business successful. Build a team that works together and wins together.

Tools to do the Job – Give your employees the right tools to do the best job possible.

Company culture – Take time to create the right business culture, a positive and open honest culture, that attracts the right type of people. It makes a difference.

Values – What are your values as a business. Do you believe in honesty and integrity, fairness, trustworthiness, customer experience and accountability? Your values are what you represent as a business.

Recruitment – Know your current employees’ strengths and weaknesses. Establish what type of person you are looking for to balance the skills and personalities of your team to make it stronger and more productive.

When you have all these elements in place your business will be stronger. Your employees will be brand promoters, who will drive your products or services to make your business a great success.

Even though HR may not immediately show profit for your business, it is most certainly directly responsible for increasing your profit. Invest in good HR now to increase profit for your business. MAD-HR are here to help you and your business with any of the above mentioned. We are a bespoke HR Consultancy who work shoulder to shoulder with you to really make a difference.

If you would like to discuss how we can Make A Difference to your business through our provision of HR services, please get in touch on 01473 360160 or visit our contact page here.

You can view this original article and other content at Mad-hr.co.uk

by Lesley Bond HR Consultant, MAD-HR

What is the difference between constructive dismissal and unfair dismissal? And why should employers care?

As leaders and HR practitioners, it is important to understand the difference between constructive dismissal and unfair dismissal, and to also be aware of how to avoid placing the business in a position where it is at risk of such claims.

What is constructive dismissal?

This type of dismissal is when an employee resigns in response to the employer’s conduct, which has made the position untenable. In practical terms this is a resignation, however, in law it could be known as dismissal.

It can be an action or a series of actions, and the behaviour of the employer, that leads to the employee’s resignation; it does not matter if the final act that makes the employee resign is minor. If the action substantiates a pattern of poor conduct by the employer, there is a risk that such action could be classed as constructive dismissal.

Some examples of behaviour and actions that could lead to constructive dismissal are:

• A forced reduction of salary or threat of reduction
• Being demoted without good reason or in breach of contract
• Allegations of poor performance which are unfounded
• Stress at work not properly addressed
• Allowing bullying and harassment in the workplace

How can an employer avoid being accused of constructive dismissal?

The art of good employee relations is in communication. Employers need to be confident to have difficult conversations with employees. Employers may need to develop their emotional intelligence and approach employment matters in a planned and structured way.

What skills do employers need to avoid constructive dismissal claims?

Skills required to develop confidence in managing difficult situations and conversations are:

• high quality questioning skills
• active listening
• the ability to give structure feedback
• the ability to explain the rational relating to any decision

With these skills in place, employers should be equipped to deal with poor performance and restructure conversations, ask key questions associated with employee wellbeing, address matters with employee groups, and more. It is all in the conversation – oh, and don’t forget the process. Process is all about keeping track of documentation so that employers have an audit trail of how they handled the difficult situation. Ultimately, the employer needs to be able to demonstrate that they have behaved reasonably and that there has been no deliberate intention to not abide by the contract of employment.

How to avoid a claim

Employers need to be vigilant. Stay on top of employment contracts, HR policies and terms and conditions; avoid small issues building up; have the conversation.

It is important to investigate complaints when they arise. Use your HR Partner to help you; put fair processes in place; include an equality, diversity and inclusion policy; and make sure you offer training to your managers in the art of good employee practice.

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What is unfair dismissal?

This type of dismissal is when the employer terminates employment outside of one the categories detailed below. Fair termination of employment can be made (subject to the correct process) for the following reasons:

1. Capability or qualifications
2. Conduct
3. Redundancy
4. Contravening a statute
5. Failing to make reasonable adjustment for a disability
6. Forcing employees to work in breach of health and safety rule
7. Some other substantial reason

To avoid claims of unfair dismissal, employers need to ensure their internal capability or disciplinary processes are followed. Are your processes up to date and fit for purpose? Employers and managers need to understand the difference between an informal and formal conversation – this is key. If employers are not sure at which point informal becomes formal, they should discuss this matter with their HR Partner; they will be able to help business owners and managers alike to understand their responsibilities.

What is fair process?

Following the basic process of investigation, hearing and appeal may be enough to demonstrate fair process. However, the quality of the questioning, listening and understanding within these processes are the real tests of fairness. Also, don’t forget that employers need to ensure that they understand when representation should be offered and what constitutes adequate notice of proceedings. Accurate documentation and, most importantly, an open mind, is essential to avoid unfair dismissal.

Do you and your managers have the skills to manage difficult situations? Is it time to review your policies and train your managers to build that confidence?

If you would like help with building capability within your business and reducing risks, please contact us today and speak to one of our HR experts on 01473 360160.

You can view this original article and other content at Mad-hr.co.uk

by Carole Burman Managing Director, Mad-HR

Long gone are the days when we might have jumped to the assumption that an incident of bullying was the preserve of the playground.

Recent years have seen a huge rise in the number of allegations of bullying in a professional setting, and as we well know from the current news commentary, the matter of bullying can rear its head in landscapes as diverse as the corridors of political power, to none other than the royal household.

While no manager would ever want to find themselves witnessing allegations of this nature ‘on their watch’, it’s worth acknowledging that whether a company is large or small, has staff working alongside each other or remotely, or has an exemplary record for historic employee retention, situations can, and do, arise.

Bullying means different things to different people, so managers should be continually mindful that their employee might feel they have grounds to cite an issue if, for example:

• They feel disrespected;
• They consider themselves to have been humiliated; and /or
• They have been made to feel fearful or sad.

The range of specific allegations could be as broad as being given excessive workloads with unattainable deadlines, to being repeatedly ridiculed, shamed or overlooked.

As a top priority, a manager alerted to a scenario of bullying should immediately jump to thoughts of establishing facts, while remaining fair to all parties.

The goal is to discover whether there is indeed a case to answer, and then following a clear procedure to make sure the matter is documented and fully resolved (in whatever direction).

Speed is absolutely of the essence in the case of any allegation.

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For all concerned, it is right and appropriate that the individuals and organisation will all wish to see matters explored and concluded without delay. The manager will therefore want to ensure that resources allow for this to happen.

Of course, allegations and human behaviour are complex, so it’s fair to say that one of the biggest issues for a business is where a bullying accusation is made, but there appears to be little outright ‘proof’.

It should be made plain, therefore, that it is NOT actually upon the person complaining to 100% prove that they were bullied, and in what way.

Instead, it is on the business to be able to evidence whether the bullying was indeed probable or otherwise.

It’s for exactly these reasons that leaders of business should always pay due attention to having appropriate policies and procedures in place, which set out the commitment to a culture free of bullying or harassment in any form.

At the same time, it helps for a company to have a clear system for reporting concerns or specific allegations.

We would always recommend a conversation with our highly experienced team about putting such policies in place, or indeed, looking at the likes of ACAS for further information.

Here, in the meantime, are five key points with regards bullying and the workplace:

1. Having an anti-bullying policy and a clear whistleblowing process are important preventative and safeguarding steps for any organisation;
2. Allegations should be handled with speed, and maintaining complete fairness throughout;
3. Bullying means different things to different people, however ultimately relates to someone feeling uncomfortable with their treatment by an individual or culture;
4. Never underestimate the importance of thorough HR and legal advice. This is not an area to ‘guess’ your way through; and
5. Remember it is not necessary for the complainant to 100% prove they have been bullied.

For more advice or support from our team, or to arrange a bespoke webinar session to build the confidence and capability of your management team, contact us on 01473 360160.

You can view this original article and other content at Mad-hr.co.uk