Why should employers ensure good personnel records are kept

Personnel records are key to any business. Whether an employer has two staff or two hundred there is simply no excuse for not keeping good staffing records. If ever there is an issue, these can become invaluable should an employment issue arise. Further, they can be used as evidence in tribunal proceedings to defend claims for unfair dismissal.

Quite often an employer will speak to a member of staff about their employment. This could be to do with a wide range of issues such as turning up late, poor performance or taking too many sick days. Having good records will make carrying out disciplinary proceedings so much easier. It can also assist in issues of redundancy where the employer is seeking to keep the better staff and be able to justify who he chooses to keep and who he chooses to let go.

What records need to be kept

• any issues of attending late or unauthorised absence.
• any minor acts of misconduct or poor performance that are not formally dealt with.
• levels of sickness absence.
• any complaints against the member of staff by colleagues.
• any type of appraisal used.
• if the employee is praised for good performance.

Why are these issues key

• employees are now more aware of their rights and are likely to appeal disciplinary findings and dismissals.
• it allows the employer to build up an approach that shows consistency and fairness in dealing with staff.
• most importantly it allows for employers to justify their findings to a tribunal and defend any claim an employee may make against them.
• many employment tribunal cases are won or lost on the quality of the procedures adopted by the employer. Any tribunal chairman will be looking at these procedures closely. Decent procedures and consistency in approach points towards a fair minded employer who is more likely to be supported by a tribunal.

What do I need to do as an employer

• Introduce systems for dealing with issues such as absence and poor performance.
•  Make sure staff who are entrusted with dealing with these matters are well trained and understand the issues involved and what is required.
• Keep good records and be prepared to produce these to the tribunal and to be able to justify decisions made. 

The key is that an employee who is seen to act reasonably and have decent procedures in place will earn the respect of their employees. Thus the employees will know that there are implications for attending late or taking too many days off sick. This will therefore lead to increased performance and a more contented workforce. Problems can therefore be prevented from happening in the first place.

The above views of those of the author and are not meant as specific advice in relation to any specific employment issue or case. If in doubt, always seek legal advice.

At Chiltern Solicitors we can assist you in relation to all of your staffing and HR issues. For more information on employment law services available please contact us at info@chilternsolicitors.co.uk or have a look at our website at www.chilternsolcitors.co.uk.

We have a HR system that has been specifically designed to help small and medium sized businesses manage their staff. For more information give us a call or see our website.

If you have enjoyed this blog or if you have any comments to make upon this blog and your own experiences of the advantages of keeping good records then please leave a comment below.