Blake Lapthorn Employment seminar - employee morale and motivation - 17 November 2011

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Employee Morale and Motivation an employment lawyer’s perspective

description

Blake Lapthorn's Employment law team held a seminar on employee morale and motivation at its Chandler's Ford office on Thursday 17 November 2011.

Transcript of Blake Lapthorn Employment seminar - employee morale and motivation - 17 November 2011

Page 1: Blake Lapthorn Employment seminar - employee morale and motivation - 17 November 2011

Employee Morale and Motivation

an employment lawyer’s perspective

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Grievances

Session One

Gillian Leach

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The Aggrieved Employee

poor performanceabsencedisciplinary problemsresignationsnegative public relationsbad moralewider disputes among the workforceconstructive dismissal, bullying or harassment claims

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Drain on the business

falling productivityfrustrated managerstime wastingcustomer criticismET claimsstaff turnovercreates openings for Trade Unions to get involved

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Sources of grievance

terms and conditions of employmenthealth and safetywork relationsbullying and harassmentworking practicesorganisational changeunlawful discriminationstress and pressure

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Sources not covered today

disciplinary actionredundancytermination of a fixed-termcollective grievances

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Variations

bullying and harassment policysafeguarding policyappeals against various decisions e.g. gradingequal opportunities policy

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The grievance procedure

non-contractual written policy and proceduregives a framework for processavoids – losing enforceability for post-termination restrictions– claims for damages or injunctions– claims for constructive dismissal

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Essentials of the policy and process

how to raise a grievancewith whom to raise a grievancehow to appeal or take the grievance furthertime limits for the procedureexplanation of the right to be accompanied

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Recommended extras

obligations of confidentiality under the procedurethe differences between the informal and formal stages of the procedurelevels of management who will consider grievanceshow and when to appealwhen a decision is final

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Employment Rights Act 1996

Section 1 statement must include:...a person to whom the employee can apply for the

purpose of seeking redress of any grievance relating to his employment, and the manner in which any such application should be made...If in a document then the document must be reasonably accessible to the employee

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Publicise

handbookintranettraining

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Adjustments to awards

employee– minus up to 25% for failure to raise a grievance

employer– uplift of up to 25% for failure to follow up a grievance or

apply a reasonable process

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WA Goold (Pearmak) Ltd v McConnell [1995] IRLR 516 (EAT)

held that there exists an implied term in all contracts of employment obliging employers promptly to afford employees a reasonable opportunity to obtain redress of any grievances

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Abbey National Plc v Fairbrother [2007] IRLR 320

failure to follow a reasonable grievance processwould be a breach of the implied term established in the Goold v McConnell casesufficient to justify a claim for constructive dismissal

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General Principles

respond promptlytake grievances seriouslydo not escalate unnecessarilybe sensitive respect confidentialityallow an appeal process

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Record keeping

do keep written recordsdo not breach the DPA principles:– do not gather information by deception– ensure records are of good quality– remove unsubstantiated allegations– keep records securely– protect confidentiality

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Statements and requests for anonymity

investigator should remain neutralstatements must be in writing ideally have them signed and datedinvestigation report can be substituted in exceptional circumstances

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Asda Stores Ltd v Thompson [2002] IRLR 245

caution when giving promises of confidentiality to those giving statementsonly grant anonymity in exceptional circumstances seek corroboration

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Linfood Cash and Carry Ltd v Thomson [1989] IRLR 235

consider credibility and weight of evidenceinterview by manager conducting the hearing

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Right to be accompanied

contractual or statutory?arises when the grievance is about a duty owed by the employerwho?– colleague– trade union employee– certified workplace trade union representative

others in exceptional circumstances

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Keeping control of the companion

written guidelines including confidentialityreasonable time to prepareconduct at the hearing:– putting the case– summing up– respond to opinions but not answer on behalf of

colleague– confer

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Investigatory meetings

no right to be accompanied (Skiggs v SWT [2003])unbiased investigatoravoid witch hunts

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Overlapping disciplinary and grievance procedures

stalling tactic?disciplinary can be temporarily suspendedif grievance is related to disciplinary action then deal with them together

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False allegations

investigate motivationconsider disciplinary action

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Appeals

require written groundsrespond promptly new person to hear it if possibleput outcome in writingconfirm if the decision is final

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End of session

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Benefits – motivators and their pitfalls

Session Two

Gillian Leach

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bonussabbaticalsflexible workinghome workingenhanced holiday entitlementloyalty awardsdiscount schemessalary sacrifice

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Bonus

motivatorcan be tailored to support cultural or behavioural changecan be linked to productivity or profit

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Bonus - pitfalls

confusion over discretionary v contractual written rules need to be:– unambiguous– not discriminatory– communicated at the right time– kept under regular review

issues around parity for:– absences– agency workers

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Sabbaticals

effective way to deal with temporary fall in demandholds on to skillsideal for employee who needs some temporary space e.g. to achieve a personal ambition or care for a sick relativepay and benefits can be suspended

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Sabbaticals - pitfalls

employee must want to have a breakpredetermined arrangements for returnwritten amendment to contract overlapping absences can make it complex e.g. ill-health or maternitysome benefits are difficult to suspend on a temporary basis

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Flexible hours

reduces unscheduled absencesimproved productivity

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Flexible hours - pitfalls

administrationworkflow, continuity and covertight written rulescan be inappropriate for very senior or very junior roles

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Home working

gives employee more control reduces unscheduled absences

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Homeworking – pitfalls

supervisionequipmentHealth & Safetyisolationconfidentiality

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Enhanced holiday entitlement

event driven special days e.g.– birthday– celebration– local community event– weather and travel conditions– sporting events

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Enhanced holiday entitlement – pitfalls

discriminationworkflow, continuity and coverlimitations on discretionary variationparity with atypical work patternsinterrelationship with other benefits e.g sickness and maternity leave

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Loyalty awards

something to share outside workplacepersonal tailored for your culture

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Loyalty awards - pitfalls

discriminationparity discretionaryavoid cash equivalents

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Discount schemes

open to all

pitfalls– frustration– external provider gets the credit– at mercy of 3T providers– written rules needed if discount is for employer’s

products or services

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Salary sacrifice schemes

direct financial gain for employee

pitfalls– regulatory changes– finance team needs to be on the ball– administration costs– complex to explain

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End