Employment Compliance

Legal compliance issues are the very basis on which any and all employment relationships are based.

I also believe that good people don’t want to work for employers who really don’t care about or adhere to the law. (Cue the Psychological Contract.)

Examples of the type of work I undertake in this area include: –

Drafting Terms and Conditions of Employment (in simple and understandable language) and in support of specific business requirements

Producing Grievance, Disciplinary and Capability Procedures

Writing Staff / Employee Handbooks

Managing Disciplinary and Grievance procedures

Designing Redundancy processes

Supporting TUPE transfers, whether for the Transferor or the Transferee

All employees have to be provided with a Written Statement of Terms of Employment or a Contract of Employment within 8 weeks of commencing employment. It is easy enough to obtain the basic details to be legally compliant, e.g. www.gov.uk/employment-contracts-and-conditions/overview

Where you may wish to develop a more robust set of terms, I draft documents to be more directly fit for purpose.

Employers must also provide both Grievance and Disciplinary Procedures to staff. These are often issued along with the Statement of Terms & Conditions of Employment. It’s important that these reflect an employer’s particular business and I can advise you on these matters.

Firstly, and to dispel an urban myth – these are not a legal requirement! However, when well drafted they provide a clear and consistent guide for everyone on what are a business’s policies etc. Everyone wants to be treated fairly and consistently at work and a well drafted and relevant Handbook helps facilitate this.

You can easily find a number of documents by ‘Googling’ Staff Handbook which will provide some pointers as to what you may wish to cover.

However, if you’d like to develop a Staff Handbook that relates directly and specifically to your business and its values, and actually means something to your staff, I can make this easy for you.

There is no simple way of making someone redundant because there is always an emotional toll on everyone involved. When developing a redundancy process it is important to get this right from the outset.

While you need to protect your business against a potential Tribunal case, it’s also critical that you manage the process with integrity and fairness. The process of redundancy can reverberate both internally and externally. Remember that the staff who stay with you will also be affected by seeing colleagues leave – and they’ll never forget how you behaved during this exercise.

I support companies in designing their redundancy process, identifying the affected ‘pool’ of employees, developing appropriate selection criteria and guiding them through the consultation process. It requires a sensitive and empathetic approach, while ensuring that the process is delivered effectively and legally.

TUPE exercises can occur when a business or piece of business is transferred from one employer to another. The legislation provides protection for the affected employees.

TUPE exercises can be relatively straightforward or extremely complicated. If you need any guidance in working through such a process, or in managing the after effects of such an exercise, I can give you all the support and expertise you need.

Consultative processes can be a key element in seeking to make changes in any business. For example, perhaps the business can no longer sustain its current salary levels and believes that it has to reduce salaries and wages. Or maybe the working hours no longer reflect the operating needs of the business.

Whatever the issue, these things will be key in obtaining a positive resolution.
• Firstly – communicate effectively the reason why such measures are being proposed with as much information as possible.
• Secondly – follow a consultative process.
• Thirdly – communicate and continue to communicate until the process is complete

Two way communications, instead of just providing the information, will give you a greater chance of achieving staff ‘buy in’. You will need to consult with an open mind and negotiate when required. Don’t just implement the change that you want. Remember, you will need the goodwill of the staff over the long term – long after this exercise.

I work in designing such complex processes based on open and full communication and consultation as required on each occasion.