Managing Performance Conduct

The articles featured on hrlaw.co.uk were correct at the time of publication and should not be relied on or treated as a substitute for legal advice relevant to particular circumstances. Please contact us if you require legal assistance on any employment issues.

Today is a good day for employers

Today is a good news day for employers and those working in HR! The Coalition Government has introduced three significant legislative changes all of which take effect today and should make your life easier: 1. Settlement discussions The new legislation...

Out with the old: Can we retire an underperforming older worker?

Dear Auntie I am the HR manager of a company specialising in IT support. In 2011 we scrapped our company retirement age of 65 because we do not think we would be able justify having one. Since then a number of our employees have continued working past the...

Top Tips for Handling Dismissal-Dodgers

Picture the scene: an employee is invited to a disciplinary meeting but the very next day you receive a note from his GP signing him off for a month with stress. Sounds familiar? Another common predicament is that of the elusive companion or the trade union...

Top Tips: Drafting an Olympics Policy

With under 50 days to go, the count-down and planning for the London Olympic and Paralympics Games 2012 (the “Games”) has well and truly commenced! If you haven’t already considered implementing Games-related policies now is the time to do...

Settling disputes - a new era?

Question: Dear Auntie, I have been reading around some changes that I understand are due to be made to the Employment Tribunal system.  There is some talk, for example, about claims having to be sent to ACAS before they are submitted to the Tribunal...

When can an 'Off the Record' chat prejudice your position?

 Employers often want an “off the record” chat with employees to see if they can persuade an employee to leave quickly and amicably under a compromise agreement. Such chats are seen as being more friendly than going through a formal process...

Auntie advises on disciplinary procedures, overlapping grievances and problems with contractual policies

Dear Auntie I am an HR Manager for a medium size company and I have just come back from holiday to a stack of disciplinary matters. Can you help me with a couple of matters which are causing me a real headache:- 1. A male employee has complained...

Employment Tribunals: Are they struggling to cope?

Those of us that regularly use the Employment Tribunal system will be well aware of the more frustrating aspects of its service. From spending hours sitting in airless waiting rooms to having hearings postponed on the day even though your witnesses have...

Top Tips for Dealing with Employment Tribunal Disclosure

These top tips follow on from the guidance in this month’s Aunty Advice which details the nature of an employer’s obligation to disclose relevant documents as part of the employment tribunal litigation process. Top tips for dealing with...

Auntie Advises on Employment Tribunal Disclosure Obligations

Dear Auntie, We have just returned from a Case Management Discussion and the Employment Tribunal has ordered that disclosure be carried out over the next month.  We have a number of internal documents about the litigation which we would rather not...

Dismissing an employee on long term sick leave

Dear Auntie At my organisation there is a member of staff (Tim) who has been off work with a bad back for 3 months. My MD wants to dismiss him but, as HR manager, I am worried about doing this. Please could you give me some guidance as to the issues...

Top tips on preparing to defend an employment tribunal claim

According to Tribunal Services' statistics for 2008/2009, claims for unfair dismissal, breach of contract, redundancy pay and failure to inform and consult in redundancy were all up on the previous years’ figures.  In total, 151,000 claims...

Sending employees hard messages - is there a need for Special Delivery?

I am the Head of HR for a medium-sized software house. Mark, a junior developer, has been  moaning that he is being bullied and harassed by his line manager, Tony. Tony says Mark needs a firm hand to keep him on track and he’s probably right. Ten...

The curse of the were-employee?

Dear Auntie One of my employees, Mr Wolfe, claims he was bitten by a dog on Halloween. He has since started scratching himself vigorously in the office, howling at clients and becoming anxious about the next full moon. This has obviously affected his...

Do I need polished procedures if my employee doesn't come up to scratch?

Dear hrlaw auntie, I am an owner of a small business and only have about 10 employees working in the office. Unfortunately, one of these employees (who has been employed in my business for over a year) has been underperforming recently: he is getting in...

Auditing and evidencing staff performance - a simple solution

Dear Auntie, I am HR Director of a medium sized company in Financial Services. I have been asked by our new CEO to show him reward criteria for our senior executives. He has asked to see their recent appraisals as well as specific information relating to...

Disclosure obligations - Beware of emails coming back to bite you!

Dear Hrlaw Auntie I am a HR Manager. One of our former employees, Matthew, has issued proceedings against us in the Employment Tribunal for unfair dismissal. We do not accept that we unfairly dismissed Matthew, who was a poor performer. Matthew is aged...