|
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.
November 2004
Always more to tell you, always more legislation...
This time, some tips to avoid trouble.
The seven steps to disciplinary heaven.. with no come back we hope!
1. Have you investigated as much as is reasonable?
Do you have proof, or do you need to investigate before you can call someone on a disciplinary charge?
2. Have you taken account of the employee's version?
Don't dismiss it out of hand - check! And write it all down.
3. Do you really believe they did it?
Good news - this isn't a criminal charge (although it may be to you!) so you only need to assess this on the balance of probabilities, not beyond all reasonable doubt. But don't assume guilt just to get an awkward employee out of the way. And write down what you thought and why.
4. Do you have reasonable grounds to sustain this?
Would another employer come to the same conclusions - look at it dispassionately.
5. Is the sanction you are proposing appropriate.
In other words, does the punishment fit the crime? Make sure you are consistent with other decisions you have taken.
6. Have you considered the mitigation offered by the employee?
If the act is out of character, there may be some reason which may explain but not excuse the conduct. Admitting and apologising makes a decision to dismiss more difficult to make stick.
7. Is your decision within the range of a reasonable response?
Think about how someone else would deal with this, who is not perhaps so emotionally involved as you are.
We can help in this if you wish, by acting as a sounding board, attending meetings, making sure it is all documented etc.
Cheaper than a tribunal hearing!
Next - days off.
Joe wants a day off, but as you are short staffed, you refuse. He takes it anyway. What can you do?
First, ask him why he went even though you had refused and he knew he would be lumbering you and his colleagues. There may be a personal reason that he didn't want to tell you earlier. Ask for proof if needs be.
If he just wanted the day off, take it off his holiday entitlement. You can't make a deduction from wages unless your contract says so.
In future, change your contract so it is clear that employees have to have leave agreed in writing, and they are clear you will try and help, but business needs come first. If Joe still offends after this, ensure the contract also states that he (and any others who do it) are liable to disciplinary proceedings.
Dismissal on safety grounds.
You can dismiss (and probably should) if your employee can't use or wear the necessary protective gear owing to a disability. Remember disability can cover things like bad asthma as well. You should know about this! And make sure they have a working environment which does not make matters worse. See below!
Safety always overrides disability discrimination issues. But - make sure you've explored every avenue of using alternative kit, and tried to find alternative employment in the business before you dismiss.
Last - smoking!
Many employers are now wanting their work places smoke free. There is nothing illegal in refusing to employ someone if they smoke and you can ask this at interview, IF you have a blanket ban on smoking in your work place.
Return to previous page
|
