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Welcome to my occasional burst of enthusiasm on the tiresome topic of employment law, best practices and how to avoid all the issues that befuddle when you're trying to employ people. As usual, these are my views, and appropriate advice should be sought to fit your specific circumstances. I am not liable if you don't do this.
July 2004
Most of the exemptions for small employers cease to exist from 1 October 2004, so a few reminders below of things which apply to everyone now.
Disability discrimination
You can't of course. You knew that, but applies to all employers now. Don't just assume you may have to provide wheelchair ramps and larger toilets. Disability applies to things like poor eyesight a hearing impairment as well. So if the employee is acknowledged disable you have a duty to make an assessment including the effect of the work on their disability: physical features of the work place and what steps you can take to help.
Have a procedure! For ANYTHING in employment matters, have a procedure - the tribunals insist. You will lose without one.
But here's a defence for disability discrimination - the reason is immaterial and cost substantial. Be prepared to prove your defence.
Here's your procedure:
- If you know about the disability, discuss with employee what would help. Get medical opinion - YOUR doctor! Document all this.
- Consider possible options - make notes.
- See if there is any external finding to hep with cost.
- If it can be done cheaply - do it! If not, and the defence is valid, make a note!
- Conduct return to work interviews - I've mentioned this in an earlier newsletter - to identify employees with disability type illness, so you "should have reasonably known" about the disability.
- Review effectiveness of any adjustments you've made periodically. Make a note!
Appealing against disciplinary findings.
You've caught an employee out - open and shut case, done the disciplinary interview (made a note!) told him he has to go. He says he will appeal. Can he?
Yes, in short. But that doesn't mean you have to go through the whole rigmarole again. And if you have a small business, who does he appeal to? Same person who has just sacked him? Ideally someone else, another manager or director in your business, a trusted business man you know or even I can do it for clients. (I have actually done it before)
You are seen to be getting some objectivity into the process, and if new evidence comes out or someone is seen to be mistaken about the facts, then better a bit of embarrassment now than a tribunal hearing later.
You need a procedure! Here you go:
- Time limit for appeal. Maybe 5 working days.
- Make sure you respond quickly once an appeal is lodged.
- Allow employee or his representative to comment on new evidence.
- Explain the action you will take after appeal.
- Make a note!
(I know I'm getting boring - no apologies)
Consistency - my thought for the month. Consistent fair behaviour marks you out as a caring employer. Inconsistency breeds resentment, poor employee morale (which equals poor performance which you are paying for) and lots of issues you will have to spend time on. Be consistent! All the time! (works for children and animals too!)
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