29p-AN-HOUR WORKER AWARDED £5,000

A shop worker with learning difficulties who was paid just 29p per hour has won £5,000 compensation. The man, in his 30s, worked as a shelf stacker in Leicester for six months after moving to Britain from East Africa. He was paid 29p per hour for the first few weeks and then his wage increased to 96p.

The national minimum wage is £4.50 an hour. The worker, who does not want to be named, took Falcon Cash-and-Carry to a tribunal, where it was ordered to pay compensation and costs. His solicitor, Fiona Simpson, said: ‘It is important workers are protected against unscrupulous employers.'

HOW HR2all CAN HELP...

Pay your staff fairly – the managing staff section in Beprostaff@HR2all gives clear guidance on minimum wages, working time directives and other contentious issues.

HR Zone - Monday June 7, 2004

THIRD OF MANAGERS FAIL TO DISCUSS DISPUTES BEFORE TRIBUNAL

Last year tribunals dealt with 98,000 claims based on work disputes, but in more than a third of those cases the individual and the manager had not discussed the problem at all before approaching an employment tribunal. The DTI survey of 504 HR managers at small and medium-sized businesses, found that three-quarters of employers worry about the financial implications of being taken to an employment tribunal and more than two-thirds are concerned about the damage it could do to their business' reputation and workplace morale. Only 19% of businesses correctly estimated the average cost of an employment tribunal to a business - an average of £2,000 in management time and legal fees.

A new employment law comes into force in October making it mandatory for all employers to have minimum dismissal, disciplinary and grievance procedures in the workplace.
The regulations will place new responsibilities on employers and employees to discuss workplace disputes when and where they happen in a bid to resolve them before going to an employment tribunal, thereby avoiding unnecessary litigation. Employees will usually be required to raise these problems with their employers before they can take a claim to an employment tribunal.

"We are introducing these new regulations to provide a framework for employers and employees to handle disputes in the workplace, ensuring that employment tribunals take their proper place as the backstop for individual employment rights rather than the first port of call," said Employment Relations Minister Gerry Sutcliffe.

"Many businesses already have dismissal and disciplinary procedures in place, but for those that don't, the new regulations will help ensure that they avoid unnecessary costs and stress which makes for a better workplace and higher productivity," he said.

HOW HR2all CAN HELP...

Beprostaff@HR2all can help establish a clear grievance and disciplinary policy for your organisation. This will be a legal requirement from October 2005.

METRO - Wednesday June 9, 2004

I SWEAR, I'M REALLY STRESSED OUT, BOSS

The workforce is full of grumpy Gordon Ramsey-types who think nothing of swearing and treating colleagues disrespectfully. Just as the Hell's Kitchen star berated his ham-fisted protégés, more than three in four workers admit to swearing regularly in the office, a survey showed yesterday. Yet many think there is nothing wrong with their behaviour. Turning up late, chewing gum, ignoring colleagues and talking out of turn are other breaches of office etiquette, the poll found. Nearly two-thirds claim they forget their manners because they are under so much pressure at work.

HOW HR2all CAN HELP...

This type of behaviour not only reflects badly on your company, but can also have a negative impact on teamwork and productivity. Ensure all staff are aware of behaviour that will not be tolerated and a misconduct procedure is in place should they need dealt with. This can be found in the managing staff section of Beprostaff@HR2all.

HR Zone - Monday June 14, 2004

Q: Do we have a responsibility to make employees aware of new employment legislation?
A: No, they do not. However, it is usually in your own best interest to do so. New legislation is often presented by the newspapers in a distorted or even biased way, and some external organisations may have a vested interest in projecting an inaccurate version.

Therefore you may wish to summarise the new legislation for your employees and explain to them accurately how it may affect them.

You might publish summaries of the new laws on notice boards or put it into wage packets. However, a better idea would be to explain it to employees in small groups so that they have an opportunity to ask questions. If you have employee representatives, make sure they are present so that your employees can see that you are not trying to give a distorted view of the situation. Use government guides to the legislation to help you prepare your presentations, and have these guides available for inspection by anyone who wishes to confirm the accuracy of what you are putting across. If you do this whenever new legislation occurs, your employees will be more likely to turn to you rather than outside bodies if they have questions about their rights and obligations.

HOW HR2all CAN HELP...

Having an open, two-way communication in your organisation is always in your best interests. beprostaff@HR2all can help keep your policies and contracts up-to-date and the mybeprofessional file store ensures they are stored systematically.

THE TELEGRAPH - Monday June 14, 2004

BEWARE TALKING TO STAFF ‘OFF RECORD'

Employers are being warned to avoid "off the record" negotiations with staff to avoid running the risk of having to stump up a bigger package in compensation cases when details are disclosed.

Two cases where employees were allowed to submit evidence from conversations at confidential "without prejudice" meetings have set the alarm bells ringing. Natasha Childs of lawyers Trowers & Hamlins believes that employers can no longer expect to protect themselves under the "without prejudice" umbrella against disgruntled employees.

She said: "These decisions may prove to be bad for both the employers and the employees. There is a danger that employees could miss out on the best possible negotiated settlements because of the fear that employers will be reluctant to negotiate openly with them. Employers must always think very carefully about what they say to staff in any meeting regarding a final settlement package. Certainly any 'loose words' may come back to haunt them."

The "without prejudice" meetings normally offer an avenue where employers can try to negotiate a payoff without the discussion being used in evidence either in court or before an employment tribunal. The law firm is advising employers to take a note of discussions and provide employees with more than a "leave or be fired" option. They should "think carefully about the level of the severance package and whether it would be sufficient incentive to an employee to leave".

HOW HR2all CAN HELP...

All staff meetings should be recorded and you should never have a staff meeting alone – whether it is an interview, appraisal or disciplinary meeting. beprostaff@HR2all provides procedures to follow when conducting meetings.

HR ZoneWednesday June 16, 2004

'SUNNY WEATHER SYNDROME' HITS UK COMPANIES

Rising temperatures has meant that increasing numbers of UK workers are calling in sick, according to a survey by Active Health Partners. Its experts estimate that 23,000 working days were lost in absenteeism as the weather reached its highest temperatures last week and statistics show that a one-degree increase in temperature causes 2000 more people to stay at home.

Throwing sickies when the weather is good is no surprise but with British temperatures well in excess of the seasonal average (in the past twelve years nine have been successively hotter, according to Met office statistics) the increased amount of sunny days could create a serious absence problem for HR. "British weather is renowned for being temperamental so it's not surprising that people are tempted to make the most of the good weather when it is here," said Alan Aldridge, Managing Director at Active Health Partners.

However, he warned that "companies should look at ways to combat this growing trend especially as the weather looks to continue getting warmer. Using a consistent and complete approach to measure absenteeism across the workforce is essential to get a full understanding of absence trends". He said that if employers monitor employee sickness from the moment they call in sick "they can uncover the real reasons for absenteeism - from 'sunny weather syndrome' through to stressful working environments".

HOW HR2all CAN HELP...

beprofessional's special leave policies do not cover ‘sun bathing time'! However, Beprostaff@HR2all can provide a sickness and absenteeism policy for all months of the year.