You’ve probably seen today’s news that the Supreme Court has ruled that the current Employment Tribunal fees system is unlawful, primarily because it denies individuals the ability to exercise the rights granted to them by Parliament. If you run a small business or charity, you may wonder what this means for you. Here are some key tips
- Don’t panic – today’s ruling simply restores the legal situation to what it was in 2013.
- Treat Employees legally and fairly – you should be doing this anyway, most employers already do. If you’re not sure exactly what you should be doing, my posts here and here may help
- If you do get a claim from someone relating to a past dismissal (or other issue), alleging they were unable to make a claim at the time due to the fees, seek advice immediately.
- Don’t believe the hysterical nonsense in the Daily Mail (actually, that’s true of most employment law issues)
- See point 2
I was sitting at my desk, thinking that this week had been comparatively quiet, but then I started to list a few of the things I’ve done:
· Advised a client on a recruitment issue, including how to develop what they want and where they might source candidates
· Worked with a small public sector organisation to review its restructure and recommend some improvements to it
· Drafted a staff handbook for a growing professional practice
· Helped a new start-up understand their ‘basic’ HR responsibilities
· Assisted a client in a hi-tech field to deal with a performance management issue
· Acting as the adviser for a charity client in a disciplinary issue
· Dealing with a query about the Apprenticeship levy
· Writing the script for, and recording a CIPD Level 7 training webinar (not entirely convinced that voiceover artist is a likely career move for me)
· Finalising the edits for my book (of which more here)
It made me realise that even in the ‘quieter’ periods, the variety of ‘people’ issues that crop up in organisations are what makes my work so interesting. So, if your business or organisation needs some HR help, why not get in touch?
Newcastle United hit the headlines for non-footballing reasons last week when they were found to have discriminated on the grounds of disability against one of their former players, Jonas Gutierrez. Apart from its high profile nature, the case has several interesting points for small business which often worry (unnecessarily) about disability issues.
The first thing to remember is that anyone diagnosed with cancer is classed as disabled under the Equality Act – no matter how early in the disease or how “healthy” the individual may appear. It seems that Newcastle either failed to accept this or chose to ignore it.
Secondly – an employer has a duty to make reasonable adjustments to allow a disabled employee to undertake their work. Reasonable is the key word here – it needs to take account of the size of business, nature of the work being done and how practical it is to make the adjustment. An “adjustment” need not be some physical change – it could be that you accept that someone with a disability has their targets or outputs adjusted, or even something as simple as allowing home working if the job can still be done that way. In Newcastle’s case, it was not adjusting the appearance target required to trigger a contract extension, given Gutierrez’ need to attend treatment. (They then compounded this by an act of direct discrimination, by not picking him when he was fit to ensure he couldn’t achieve the appearance target).
Thirdly, the case shows that if you are taken to tribunal – for any reason – it is important to have a clear and convincing argument that would sound reasonable to anyone not involved in the case. The tribunal concluded that senior figures at the football club were “evasive”, “vague” and “lacking in credibility”. Contrary to the view of some employers, tribunal judges aren’t biased in favour of employees but they are generally adept at spotting bulls*t – whether this comes from the individual making the claim or the employer’s witnesses.
As always, the advice is to consider what you can do to help an employee diagnosed with cancer or with any other form of disability; but that can be balanced against what you can realistically do as a business. And if you have made an error, don’t try to defend the indefensible!
Today is #SmallBizSaturday – a worldwide day for celebrating and supporting small businesses. Here at Ariadne Associates we support small businesses throughout the year, of course, but today seems a good day to remind small business owners and managers of some of the simple things they can do to get the best from their staff.
- Say Thank You (and please). Basic good manners don’t disappear once you start work. If someone does something you have asked them to, say thanks. And particularly acknowledge if they’ve done it well – a great piece of customer service, solving a problem, or identifying a new way to increase sales.
- Remember you are dealing with people. You don’t have to be best friends with your staff (in fact you probably shouldn’t) but you should appreciate that they aren’t just automatons. Be aware, and take an interest in, the fact that Betty in accounts is worrying about her son’s A Levels; that Rajesh likes to travel to away matches so doesn’t like doing overtime at the weekend; that Paulina who works behind the counter is doing night classes because she really wants to be an engineer.
- Be professional. No-one wants to work for an employer who is slipshod about their pay, doesn’t bother to issue them with a contract or who ignores basic employment law. Pay the same attention to this as you do to sales, marketing, accounts etc. And get specialist advice if you’re not an expert.
- Be fair and consistent. This doesn’t necessarily mean do the same thing on every occasion, but it does mean that you should consider everything before making a decision. Don’t allow Phil to take extra holidays just because he’s your star salesperson and then not allow Deidre, who may have an equally good reason, but who isn’t doing so well.
- Don’t forget that if someone doesn’t appear to fit into your business, you were the one who recruited them. Learn from what went wrong in a bad hire before you start recruiting again.
Small businesses often can’t beat their bigger rivals in the pay and benefits they can offer. So you have to compete in other ways to attract and retain good people. Making your business a good place to work is a great (and low-cost) way to start. And if you’d like to know more about how you can do this, why not read this next?
There’s been a bit of a furore on social media this afternoon about this (apparently genuine) recruitment advert:
HR professionals will know the answer to the question in the title. Recruitment agencies should, but clearly not all do. But if you’re the owner of a small business, without a great deal of knowledge of employment law, you would expect that retaining an “expert” to assist you with filling a role would ensure that you don’t
a) Contravene the Equality Act. It’s illegal to advertise for someone of a particular sex (with some very clear exceptions) or age, yet this advert visually implies that only young women can be secretaries. As the client, you would be held liable together with the agency if an individual decided to make a claim – and remember that they could do so without ever having applied, if they could show they were dissuaded by the advert.
b) Send out some very negative messages about your company. The implication that women can only occupy subservient positions to male bosses is hardly likely to attract many good quality candidates, and is the suggestion that errors may result in physical punishment really the impression you want to give of how your company works?
You wouldn’t plan when advertising a job that it would result in you breaking the law or damaging your company’s reputation, yet that’s exactly what has happened here. It doesn’t matter if you or your agency think you are being “witty” by make a reference to a cult movie if your potential candidates (or indeed your customers on a wider basis) find it tasteless and sexist.
Clearly in this case the client were very badly advised by the agency concerned, who themselves seem to lack a basic knowledge of employment law or what’s often referred to as employer branding. I’m all for doing something original and interesting to set your job advert apart from your competitors, but this isn’t the way to do it. It’s a warning to small businesses to carry out the same checks on the professional advisers you engage as you would do with anyone else you’re entering into business with.