Presentation on theme: "HR Presentation Corena O'Brien BA MBS MCIPD HR Presentation 22 nd March 2014 Corena O'Brien BA MBS MCIPD."— Presentation transcript:
HR Presentation Corena O'Brien BA MBS MCIPD HR Presentation 22 nd March 2014 Corena O'Brien BA MBS MCIPD
Agenda The Principles of an Employment Contract Managing performance and absence Discipline, grievance and dismissal procedures Questions and Answers
3 Employer's Obligations An employer is responsible for ensuring all their employees receive certain basic employment rights. The main obligations include: A written statement of terms and conditions of employment A written statement of pay or 'payslip' A minimum wage A maximum working week Unpaid breaks during working hours Annual leave from work A minimum amount of notice before termination of employment The maintenance of records in relation to their employees and their entitlements
4 The Principles of an Employment Contract
5 Contract of Employment It is the legal basis of the employment relationship and is central to the interpretation & application of statutory rights A contract 'starts' as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employer Must be “consideration” or remuneration for work done Both parties must intend to create legal relations Should be made in writing
6 Contract of Employment – The Terms of Employment (Information) Acts 1994 and 2001 – An employer is obliged to provide an employee with a written statement of terms of employment within the first two months of the commencement of employment. However, this requirement does not apply to an employee who has been employed for less than a month
7 Statement of Terms The statement of terms must include the following information: Name and full address of employer and employee Date of commencement of employment Job location Rate of pay and whether it is paid weekly or monthly Working hours, lunch breaks Holiday entitlement Job description/job title If the contract is temporary/fixed term, the expected duration of the contract *Details of paid leave (holidays, bank holidays)
8 Statement of Terms The statement of terms must include the following information: *Sick pay (attending company doctor) * Pension scheme and Healthcare (if any) *Period of notice to be given by employer or employee *Details of any collective agreements that may affect the employee’s terms of employment
9 Statement of Terms Disciplinary and grievance procedures Specific provisions in contracts of employment e.g. mobile phones, search, confidentiality, dress code Probationary period – 6 months, may be extended but should not go beyond 10 months Changes to your conditions of employment * In the case of these items instead of giving each employee the details in writing, the employer may refer an employee to other documents, for example, an employee handbook, a pension scheme booklet or a collective agreement, provided that the employee has easy access to such documents
10 Checklist for Contract 1. Full name and address of employee and employer (company letterhead) 2. Commencement and Term of Employment 3. Position 4. Place of Work 5. Hours of Employment 6. Duties 7. Probationary period 8. Salary – paid weekly or monthly 9. Benefits – pension and healthcare
11 Checklist for Contract 10. Holidays 11. Sick Pay 12. Health and Safety 13. Termination with notice 14. Termination without notice (gross misconduct) 15. Absence – certified and uncertified 16. Lay-off / Short-time 17. Return of company property 18. Disciplinary procedure 19. Grievance procedure 20. Retirement age
12 Checklist for Contract 21. Confidentiality 22. Employee policies 23. Data processing (data protection) 24. Changes to conditions of employment
13 Managing Performance and Absence
Issues with Staff What are the main issues you have with staff at present? How do you measure their performance?
Examples of Issues Persistent poor timekeeping Unsatisfactory attendance record Poor work standards Breach of health and safety rules Bullying, harassment or sexual harassment Breach of internet / policy Refusal to obey reasonable instructions Negligence
What is performance management? Performance management is the process by which a supervisor/manager evaluates work performance documents the results and communicates the results to the individual (appraisee)
Purpose of Performance Management Communication: promote a two-way discussion between you and your staff to ensure that the discussion is focused & open Focus on performance: praise good performance and address issues & instances of under-performance Development: provide a development plan for staff Clarity: ensure there is shared clarity between you and staff as to their roles, duties, targets and objectives Results: Help the company achieve its goals, targets & objectives in the most efficient and effective manner possible
SMART Objectives Specific – specific and clear statements about what is to be achieved Measurable – should be measurable to determine if they have been achieved Achievable – objectives need to be realistic, challenging and motivating Relevant– individual objectives must be linked to the organisations goals and objectives Time bound – set a time-scale for final completion
Poor performance can be caused by a number of factors, both personal and business related Recognising this early and offering support will show that you care, about the individual and the business We need to be mindful that there are others who can ultimately be impacted by poor performers Poor Performers
20 1.Sit down with them, communicate where they fall behind and outline the main issues of concern 2.The employee may need training and development, it may not be their lack of ability but lack of knowledge and information 3.Put a performance improvement plan (PIP) in place 4.Give them time to adjust, take on board the feedback e.g. 1 to 3 months 5.Review them again 6.If there is no improvement and it is down to poor performance you may have to start a disciplinary process Dealing with Under Performers
Having invested in an individual, dismissing them does not give a good return on that investment If you do not deal with under performers in a measured way the business will suffer, your reputation as a manager will suffer and other people in the business will suffer If the employee is not improving after giving them training and support, the last resort is to start the disciplinary process Dealing with Under Performers
22 Include terms in your contract of employment which give you permission to hold absence records Have clear written procedures for reporting absences e.g. Sick Leave Policy and Procedure – Phone in by 9.00am, text message will not suffice Communicate your policy with all staff Record and monitor all staff absence Dealing with Absence
23 Include terms in your contract of employment which gives you permission to refer employees to the company doctor If an employee is out 3 days or more they should provide a doctors certificate Request that employees who are absent from work on a long term basis visit the company doctor Have a policy in place which reduces sick pay for long-term absent employees Carry out return to work interviews Consider flexible working arrangements that can support absent employees to return to work Dealing with Sick Leave
24 Ask the employee to attend the company doctor to confirm the cause of stress Provide an Employee Assistance Programme It may be necessary to carry out an investigation depending on the details provided by the employee e.g. If the employee feels bullied, intimidated, overload of work If the employee resigns while on certified sick leave and states the cause of the sick leave is work related stress - the employer must act reasonably to resolve the situation Dealing with Work Related Stress
25 Discipline, Grievance and Dismissal Procedures
26 The Appeals Process Grievance Handling For employee issues and problems
27 Why have a Grievance Procedure? The grievance procedure enables employees to raise issues with their employer, where the employee may be dissatisfied or feel unfairly treated It is a mechanism to resolve issues close to the source of the problems Every employee has the right to air a grievance relating to their employment or to raise a complaint about their working conditions
28 THE GRIEVANCE PROCEDURE Stage 1 - Grievance to be heard by Line Manager Stage 2 - Grievance to be heard by Snr. Manager/HR Stage 3 - Grievance to be heard by a Company Director Stage 4 - Grievance may be referred to a Third Party In stages cases - Heard within 7 working days -Employee has the right to representation -Decision within 7 days
29 Types of Grievances Staffing Levels Task issues Overtime Rosters Annual Leave Unhappy with a fellow employee Organisational Change
30 The Grievance Interview Meet as soon as possible Notify the employee of the arrangements Set aside sufficient time Ensure privacy Establish precise nature of grievance
31 The Grievance Interview Cont’d Invite employee to state case and a preferred resolution Clarify their understanding Schedule another meeting if needed to: Obtain additional information/check policy, procedure and any precedents Consider action Give time frame if you need to schedule a second meeting
32 When decision has been reached Arrange to meet as soon as possible Give reasons for decision Give employee opportunity to respond Explain options available should the employee wish to take things further (put in a formal complaint)
33 Follow Up Confirm in writing:- The outcome of the meeting The reasons for the decision Any action to be taken A detailed and accurate record must be kept.
34 Benefits of a Grievance Policy and Procedure Reinforces a positive working environment among employees Encourages open communication amongst employee and manager Problems resolved quickly at local level Ensures employees are treated fairly and consistently across the organisation
35 Preventative Dimension Handling an employee's grievance effectively and efficiently may prevent the following issues arising: Low morale Under performance, lack of results Absenteeism Lateness Turnover Escalation of minor problems Case of constructive dismissal
Disciplinary – Why have one? Informs managers and employees on how the company will deal with situations where employees are not keeping standards, rules etc. It is required by law, i.e. The Unfair Dismissals Act , protects the rights of the employee - the right of action if he/she has been unfairly dismissed or disciplined Provides procedures to prevent employees being unfairly dismissed or disciplined and provides consistency and fairness
Disciplinary Have you had to discipline staff? What were the reasons? When do you think staff should be disciplined?
Disciplinary Procedure Disciplinary Procedure Make sure staff who manage people are trained in how to work with the procedures Make sure procedures are followed Make sure that those investigating issues or allegations are trained to carry out proper and unbiased investigations
Disciplinary Procedure Pre-disciplinary: An informal word/advice to an employee/note to file Step 1: Verbal Warning (confirmed in writing) / 6 months Step 2: First Written Warning / 12 months Step 3: Final Written Warning / 12 months Step 4: Dismissal Serious Misconduct warranting dismissal – employee may be suspended pending investigation and remain suspended until the final decision is issued. The employee must be paid during suspension from work to ensure that the presumption of innocence is honoured. An employee has the right to appeal a decision in the case of disciplinary action. The appeal will follow the normal Grievance Procedure. Critical that you follow your own procedure
Disciplinary Procedure Formal Steps The following general principles will apply: A written letter will be given before attending any meeting, setting out the allegations or complaints and inviting them to the meeting. The employee will be given the opportunity to respond fully to any allegations or complaints. A fellow employee or representative may be present and the HR Manager/Senior Manager at any meeting. The employee will be given the opportunity to appeal any decision made at any stage of the formal procedure. A written letter of the outcome will be given to the employee and put on their file.
Disciplinary Procedure Informal Discussion/Pre-Disciplinary If an allegation of misconduct is made against an employee, the Manager (or other appropriate member of management) will informally draw the employees attention to the standards required and explore reasons for this failure. The employee will be given an opportunity to present their case. A resolution will be set out and a review period agreed. This will be seen as a counselling session and a record will be kept of the incident on the employee's file.
Disciplinary Procedure Step 1: Verbal Warning An investigation will be held into the alleged misconduct. The employee will be requested to attend a meeting with the manager. At the meeting the employee will again be informed of the allegation and will have an opportunity to comment on the situation. If the manager feels that it is warranted, the employee will receive a verbal warning that repetition of the misconduct will lead to further disciplinary action. This is the first warning in the disciplinary procedure and it will be recorded, in writing, in the employee's file. This warning will remain active for a 6-month period.
Disciplinary Procedure Step 2 - First Written Warning Same as Step 1. If the manager feels their explanation is not satisfactory and that disciplinary action is required, they will receive a first written warning. On the employee's file for at least one year. Further behaviour constituting misconduct, will lead to further disciplinary action which could lead to dismissal.
Disciplinary Procedure Step 3 - Final Written Warning Same as Step 2. If the manager feels their explanation is not satisfactory and that disciplinary action is required, they will receive a final written warning. On file for at least one year. It will state that if there is further behaviour constituting misconduct, they will be subject to further disciplinary action which could lead to dismissal. If there is a further allegation of misconduct within the warning period, the next step of this procedure will be implemented.
Disciplinary Procedure Step 4 – Dismissal Same as Step 3. If the allegation is found to be true, then unless there are extenuating circumstances, written notice of dismissal or other disciplinary sanction, including suspension will be issued. The employee will be advised of the right to appeal.
Disciplinary Procedure Appeal Procedure If the employee feels they have been unfairly treated, or are not satisfied with the decisions made, they may appeal against the disciplinary action taken. The employee should lodge their appeal with HR or a senior manager in the company within five working days of the disciplinary meeting. The appeal will be heard by a senior manager or director who has not been involved in the disciplinary process. The employee will be informed of the findings of the appeal hearing, which will either: Confirm the disciplinary action already advised; Alter it to more appropriate action; or Reverse it, thereby cancelling the disciplinary action. The decision is final, and no further appeal may be made.
Disciplinary Procedure Serious Misconduct The following are examples of such actions. Other activities or policy violations could also be serious enough to warrant dismissal. Dishonesty - including theft, misappropriation of property belonging to a client, a colleague or the Company, false entries in records, or the improper acceptance of money or gifts. Conviction of an offence which the Company considers is detrimental to their reputation or which may adversely affect the relationship of the Company with employees or clients. Any act of physical or sexual assault or any threatening or harassing behaviour against others. Deliberate breach of Health and Safety rules or procedures. Insubordination or refusal to follow a manager’s reasonable instruction.
Any questions? Thank you for your attention Q&A