I will be running a Free Lunch and Learn session at Stirling University Innovation Park on Tuesday 23 April 2013 from 12 noon until 1 pm. 

This session aims to provide managers with a practical step by step guide on how to manage performance where an employee fails to meet the required standards.  This session will explore when it is appropriate to manage poor performance, the process you should follow and the legal implications of managing performance.  Please email me at [email protected] to book a place.

Looks like winter has arrived!  Let’s hope it is not another 2010 winter – I thought it would be helpful
to provide some information on how to deal with staffing issues due to adverse
weather conditions.

If employees are unable to come to work due to adverse weather conditions employers should check if there is a specific term in the contract of employment or staff handbook which gives guidance on how to deal with this situation.  If there is no clause that states the employee is entitled to be paid for this time then the employee generally can be given unpaid leave for any time they take off due to adverse  weather conditions.  If the employee does want to be paid for this time then one option is to reach an agreement with their employer to take this time out of their annual holiday entitlement.

If schools and nurseries close unexpectedly due to adverse weather conditions employees with children will be entitled to time off to deal with the immediate situation and to put plans in place to cover child care
arrangements should the school or nursery remain closed for a period of time.  This is known as Family
Emergency Leave this is generally unpaid time unless the employer has a policy in place which states this leave will be paid.  
 
It is good practice to ensure that you adopt a consistent approach in dealing with the impact of adverse weather.  A policy on Family Emergency Leave and Time Away from Work will help to provide some guidance for both employers and employees. 

If you would like more information on how to deal with this situation please contact me.

Alison.

I attended two excellent training sessions as part of Social Media Week last week.  These sessions were about how to use social media as a tool to help grow your business. It was very clear that these tools are very powerful and business owners can use them as a cost effective way to reach many contacts at the click of a button.  However, it got me to thinking about the impact social media can have on  the reputation of a business if a member of staff is not having a very good day
at work!  

There have been a few tribunal cases on this topic. Once of which involved the manager of a J D Wetherspoons – in this case the manager was involved in an incident at work where she had to ask two members of the public to leave.  The manager then received several abusive phone calls at work from the customers.  The manager dealt with the situation professionally and correctly at work. However, after she got home she stated a Facebook discussion with her online friends.  J D Wetherspoons had a specific policy in place which stated that employees should not write or  contribute to a blog, including Facebook where the content lowers the reputation of the company or its customers, the Company reserved the right to take disciplinary action where this occurs.

After investigation the manager was dismissed for her comments on Facebook.  The  employee took J D Wetherspoons Plc to a tribunal claiming unfair dismissal.  The tribunal found that the employee’s  Facebook activities were in the public domain (even although she only shared the comments with her ‘friends’ on Facebook).  The tribunal found that the employers actions were justified in light of damage to it's reputation.

This case provides a live example of where employee posts on social networking sites can impact on an Organisation’s reputation very easily – at the click of a button!

It is advisable to have a clear policy and guidance for employees on the use of social networking sites – having this in place will ensure staff know the rules and make it easier for employers to deal
with any breach of the guidelines.

 If you would like to discuss this further please  feel free to give me a call.

 Alison.

A recent tribunal case concluded that the retailer Boots had unlawfully reduced long-serving workers premium pay rates for working on a Sunday.  In this case long serving staff at Boots had the right to double time for working on a Sunday.  The retailer took the decision to reduce overtime rates for long serving staff working on a Sunday from double time to time and a half.  The employment tribunal collated 43 claims for unlawful deductions from wages from employees.  After in-depth investigation into various versions of the staff handbook and the wording in individual employee’s terms and conditions the tribunal concluded that the decision to reduce the premium pay rate for Sunday working did amount to an unlawful deduction from wages. This decision came down to the fact that the staff involved had no clause in their contracts which allowed Boots to make such a change unilaterally.  This case shows that where employers wish to be able to vary contracts to meet business needs without seeking prior agreement from employees they must reserve the right expressly in the contract.

On the topic of deduction from wages - I am often asked by clients if they can deduct from employees’ wages for instances such as:  damage to stock, damage to company cars, parking fines incurred when at work and loss of company property such as mobile phones. In all these instances the employer must have relevant clauses written into their contracts of employment before a lawful deduction can be made from wages.  It is best to ensure you have the correct wording in the contract before the situation arises!

It is good practice to review your contracts of employment on a regular basis to ensure they meet your business needs.  I offer a free 30 minute initial consultation.  If you would like me to review your contracts of employment to ensure they meet your business needs please contact me on 07900 60 4551 or drop me an email at [email protected]

Thanks - Alison.

This summer will be an exciting time for sports fans with the London 2012 Olympic Games and the European Football Championships.A lot of these events will be held during the ‘normal’ working day therefore employers may want to think about creative solutions to help balance work with their employee’s desire to watch sporting events.Employers do not have a legal obligation to cater for their employees sporting interests, however, it may help  with staff morale if they decide to take actions such as introduce
flexible  working, allow staff to swap shifts, give unpaid leave and provide access to TV,  radio or the internet at work to allow sports fans to enjoy the events.

Major sporting events can cause employers issues such as not being able to give holidays to all staff, having to deal with increased sickness absence and potentially alcohol misuse.

 It is always advisable for employers to have clear policies in place on how they will deal with these issues.If you would like further guidance on any of the areas mentioned in this blog post please feel free to give me a call (the first 30 minute consultation is free!) use the Contact Tab or call me on 07900 60 4551 
 
Alison.