In recent weeks and months there have been various articles calling for the introduction of a national living wage. One of the main supporters is Boris Johnson, the Mayor of London. Indeed, the GLA will not do business with companies who do not guarantee to pay its staff a living wage.
Whilst low paid workers need to be better protected from exploitation, the main victims of low wages appear to have no one championing their corner. The national minimum wage pays various rates of pay to staff depending upon their age. This means that young workers will often be paid far less in hourly terms than their adult colleagues regardless of ability or hard work. It cannot be right that a conscientious and hard working 16 year old can be paid less than his or her adult colleague who chooses to do nothing more than the bare minimum in the workplace.
Now that workers are aged from 16 to well into their 60's, 70's and sometimes beyond surely the time has come to have one minimum national living wage which does not depend upon age. The employer can then decide who contributes what in the workplace and may decide to pay slightly more than the minimum figure to a worker who contributes more than his colleagues. If we are to have such a diverse workforce in terms of age then a level playing field must be created for all.
Monday 18 November 2013
Saturday 16 November 2013
Dealing with poor performance or poor attendance
Poor performance by an employee is a key issue for any employer. It not only upsets any employer that an employee is not performing as expected but can also affect profitability. Further, it can demotivate other employees who may feel that their colleague is slacking yet nothing seems to be done.
When poor performance is recognised, the employee in question can be spoken to informally in the first instance to see what the issue is and why there is a drop off in performance. A record should always be kept of such discussions in writing on the employee personnel file. If the issue remains then the matter will need to be dealt with on a more formal basis.
The first thing to do is to invite the employee to an investigation meeting to set out the poor performance and ask for an explanation as to why. It may be that there is a reason for the same such as family issues. These may be resolved by suggesting that the employee takes time off from work to sort out his or her personal life. The employer will also need to be very alive to the issue of training. After all, it is very unfair to discipline someone for being poor at their job when they have not been properly trained or indeed supervised.
If there is unexplained poor performance then a written warning will usually be given and agree a period of time for improvement. The employee also needs to be told of what is expected. At the disciplinary hearing, notes should be taken and agreed and the employee must be reminded of his right to representation.
If poor performance continues then the process will be repeated and a final written warning will be given then dismissal. Meetings will need to be held and an appeal must be held if requested. Always confirm the outcome of any meetings in writing.
If attendance is an issue then an investigation meeting will need to be held. If the employee gives an explanation such as that they are late as they have to care for their sick mother then the employer can consider things such as changing the start time of work for that employee. If there is no good reason i.e. a member of staff who takes a large number of single days absence, the employer will need to issue warnings in a similar way to poor performance.
Where attendance levels are an issue it is key to know what the average amount of days taken off is. After all, the employee must know what is expected. If he or she takes 15 days off a year and is just told to improve, they can hardly be dismissed for taking 13 days off in the following year as this is nevertheless an improvement of sorts. Far better to say our average employee takes off 7 days a year sickness and we do not expect you to be over that figure unless there is very good reason for the same.
SUMMARY OF KEY ISSUES
When poor performance is recognised, the employee in question can be spoken to informally in the first instance to see what the issue is and why there is a drop off in performance. A record should always be kept of such discussions in writing on the employee personnel file. If the issue remains then the matter will need to be dealt with on a more formal basis.
The first thing to do is to invite the employee to an investigation meeting to set out the poor performance and ask for an explanation as to why. It may be that there is a reason for the same such as family issues. These may be resolved by suggesting that the employee takes time off from work to sort out his or her personal life. The employer will also need to be very alive to the issue of training. After all, it is very unfair to discipline someone for being poor at their job when they have not been properly trained or indeed supervised.
If there is unexplained poor performance then a written warning will usually be given and agree a period of time for improvement. The employee also needs to be told of what is expected. At the disciplinary hearing, notes should be taken and agreed and the employee must be reminded of his right to representation.
If poor performance continues then the process will be repeated and a final written warning will be given then dismissal. Meetings will need to be held and an appeal must be held if requested. Always confirm the outcome of any meetings in writing.
If attendance is an issue then an investigation meeting will need to be held. If the employee gives an explanation such as that they are late as they have to care for their sick mother then the employer can consider things such as changing the start time of work for that employee. If there is no good reason i.e. a member of staff who takes a large number of single days absence, the employer will need to issue warnings in a similar way to poor performance.
Where attendance levels are an issue it is key to know what the average amount of days taken off is. After all, the employee must know what is expected. If he or she takes 15 days off a year and is just told to improve, they can hardly be dismissed for taking 13 days off in the following year as this is nevertheless an improvement of sorts. Far better to say our average employee takes off 7 days a year sickness and we do not expect you to be over that figure unless there is very good reason for the same.
SUMMARY OF KEY ISSUES
- Hold meetings and record by way of minutes
- Identify issues and address as necessary
- Give an opportunity for improvement in all but the most exceptional of cases
- Never forget the right of appeal
- Be aware of disabilities and how these may affect performance
How to deal with employee grievances
Employee grievances can cover a wide range of issues. They can include anything from what the person is paid to how they have been spoken to by management or even treatment that they have been subjected to by a fellow employee.
There is no requirement for an employee to put a grievance in writing. Therefore, a verbal complaint is enough to start this process off. It is however a good idea for the basis of the grievance to be recorded in writing. This can include asking the employee to confirm the contents of the grievance raised verbally in writing or writing to them to confirm the basis of the grievance raised and asking them to confirm that your understanding of what has been stated by you is their understanding of the situation.
It is a good idea when a grievance is raised to send the person in question a copy of the company disciplinary and grievance procedures. Obviously it is essential that these are up to date. We would recommend that it is stipulated in the procedures that all grievances must be outlined in writing and agreed by the parties once they are raised by the employee.
An employee is entitled to be accompanied to a grievance meeting. This can be by a trade union employee, trade union official or a work colleague. The recent case of Total v GB Oils stated that whilst Section 10(1) of the Employment Relations Act 1999 refers to the word 'reasonable', there is no requirement for the choice of companion to be reasonable. In essence, this means that an employer needs to be careful before refusing to accept the employee's choice of representative.
The grievance meeting is to establish the basis of the grievance and what should happen as a result of the grievance. It may be that the matter cannot be concluded at one meeting and that a second meeting needs to be held. Always ensure that minutes are kept and that these are agreed if possible.
If the grievance is relatively straightforward such as an employee not getting a pay rise when others did, it is usually the case that the matter can be dealt with at one meeting. The employee can be listened to and then advised in writing that the issue of the pay rise has been considered and their grievance is upheld or it is not. It is important that the person dealing with the grievance is of sufficient seniority to deal with the grievance. There is no point a member of staff who does not have authority to give pay rises dealing with a grievance of this type.
If the matter is more complex, it may be that the matters needs to be adjourned and witnesses spoken to or more evidence gathered. The meeting can be reconvened when all the facts have been ascertained.
It is always important to remember that the person has a right to appeal against the initial finding and that they can be accompanied to this appeal. The appeal should be heard by a more senior employee than the person who conducted the first meeting.
SUMMARY OF KEY POINTS
There is no requirement for an employee to put a grievance in writing. Therefore, a verbal complaint is enough to start this process off. It is however a good idea for the basis of the grievance to be recorded in writing. This can include asking the employee to confirm the contents of the grievance raised verbally in writing or writing to them to confirm the basis of the grievance raised and asking them to confirm that your understanding of what has been stated by you is their understanding of the situation.
It is a good idea when a grievance is raised to send the person in question a copy of the company disciplinary and grievance procedures. Obviously it is essential that these are up to date. We would recommend that it is stipulated in the procedures that all grievances must be outlined in writing and agreed by the parties once they are raised by the employee.
An employee is entitled to be accompanied to a grievance meeting. This can be by a trade union employee, trade union official or a work colleague. The recent case of Total v GB Oils stated that whilst Section 10(1) of the Employment Relations Act 1999 refers to the word 'reasonable', there is no requirement for the choice of companion to be reasonable. In essence, this means that an employer needs to be careful before refusing to accept the employee's choice of representative.
The grievance meeting is to establish the basis of the grievance and what should happen as a result of the grievance. It may be that the matter cannot be concluded at one meeting and that a second meeting needs to be held. Always ensure that minutes are kept and that these are agreed if possible.
If the grievance is relatively straightforward such as an employee not getting a pay rise when others did, it is usually the case that the matter can be dealt with at one meeting. The employee can be listened to and then advised in writing that the issue of the pay rise has been considered and their grievance is upheld or it is not. It is important that the person dealing with the grievance is of sufficient seniority to deal with the grievance. There is no point a member of staff who does not have authority to give pay rises dealing with a grievance of this type.
If the matter is more complex, it may be that the matters needs to be adjourned and witnesses spoken to or more evidence gathered. The meeting can be reconvened when all the facts have been ascertained.
It is always important to remember that the person has a right to appeal against the initial finding and that they can be accompanied to this appeal. The appeal should be heard by a more senior employee than the person who conducted the first meeting.
SUMMARY OF KEY POINTS
- Remember to try and agree the nature of the grievance in writing
- The employee always has the right to be accompanied
- Always be aware of any issues of discrimination being raised
- Establish the facts and try to agree minutes of the meeting
- Inform the employee of the outcome and their right to appeal
- Ensure that the person conducting the appeal is more senior than the person who dealt with the matter in the first instance.
Subscribe to:
Posts (Atom)