EMPLOYERS

INTRODUCTION

It’s true.  An old cliche states that ‘the most important assets within your organisation are your staff ‘ – Human Resources. We entirely agree and it is our business to help you maintain a happy and effective workforce. We have a wealth of employment law expertise and we are UK leading experts in conflict and conflict resolution.

There are a number of ways we can help you.  For a re-cap of our comprehensive range of services, see our Expertise and Experience section.

INVESTIGATIONS

One of the most fundamental ways in which we can support you, and our main area of expertise, is in the arena of Conflict Resolution.  We specialise in the arena of  Disciplinary and Grievance Investigations, including  those occasions where there are problems with people working in teams or entire departments or where an allegation of  ’Collective Bullying’ has been made.  It is not uncommon for an employee Grievance to be signed by more than one employee.   In view of this, we have dedicated a whole section to Investigations. 

 Allow us to take the pressure off your shoulders. A Grievance and Disciplinary investigation, Capability, Conduct & Absence Management processes – and a range of other conflicts at work, all need to be carefully managed. As a crucial part of the service we provide from HR & Diversity Management (HR&DM), Investigations into bullying in the workplace, sexual harassment and harassment in workplace are the most significant. Both employees and employers see benefit from a third party Bullying at the Workplace investigation. Trade Unions, line management and Company Solicitors see third party bullying investigations positively, since in-house investigations have a perceived bias which is very difficult to overcome when a disgruntled employee makes a formal allegation.

An independent, third-party, investigation is impartial and often provides the employer with fresh solutions. HR&DM Bullying and Harassment investigations are based on a tried and tested model (a formula which is the copyright of HR&DM). We have been investigating issues of this nature – and advising management on issues of this nature, for over a decade. We always seek to determine the cause of Bullying & Harassment and to establish whether allegations are founded and to look at ‘the bigger picture’ – ie: the culture, performance, turnover of staff, patterns, procedures etc. If it is a definite case of one person who is an out and out workplace bully, so be it. The bully may need a level of training to establish whether or not the situation is in any way recoverable. If the bully is not receptive to change or if he/she does not acknowledge their position, formal action may be necessary. To ignore such an attitude and/or conduct is non-productive – particularly in an ever-changing world of employment legislation. Often, an investigation will uncover working practices which have crept into the workplace, but which are unacceptable.

We really do understand what is required. We keep informed of ever changing employment law and case law. In every case, we will seek consent from those participating in the process. Our Report & Recommendations documentation are comprehensive and have been described as ‘thorough’, ‘gripping’, ‘spot on’! This very important document will enable all the parties to move on. Amicable resolutions are sought in every case wherever possible. Mediation is always considered. Performance management, capability and conduct are carefully and sensitively documented. Training needs will be identified and addressed. Occasionally, an exit strategy will need to be considered also.

Our Investigators are all trained and experienced. Whilst most of our clients seek confidentiality, quite understandably in the circumstances, we are able to provide testimonials upon request.

We can help you resolve your workplace problems by investigating the base issues and recommending solutions. It is a far less expensive solution than litigation.  To speak to one of our advisers, Telephone: 01793 338888.

CHANGING TERMS & CONDITIONS - January 2012

Changing Ts & Cs no longer has to be cruicial to the business.  One helpful point was identified in the Employment Appeal Tribunal (EAT) recently in the case of Garside and Laycock v Booth.  Simply, the change the employer makes does not have to be crucial to the survival of the business. 

The EAT explained that when tribunals decide cases about changing terms and conditions their focus should be on the reasonableness of the employer’s decision, not the reasonableness of employee’s actions or refusal to accept it.  It also made some helpful comments about what should be taken into account when considering “reasonableness”, stressing that this should be determined “in accordance with equity” (as required by the Employment Rights Act 1996).  Factors such as whether management had also taken a pay cut and the process which had been followed may well be relevant.  Make sure you follow change management guidelines.  Consult with your staff. Put the proposal to a vote – where practical. The fact that you will apply the cut to everyone should also help.

If you are going through a ‘change’ process and are up against some staff resistance, call us on 01793 338888.  I feel sure we can assist – so please don’t struggle.