Welcome guest, please log in here   |    T +44(0)115 7180333   |   E   info@halborns.com

Archive

May, 2021

Tribunal tales #4 – the importance of evidence

Posted on: May 28th, 2021 by Ginny Hallam

Evidence is the key to a successful tribunal defence. A tribunal defence reliant on individuals’ memories is uncertain and unpredictable. Written evidence avoids reliance on personal accounts and means greater clarity.

Here are a few ideas on putting your best foot forward:

Informal conversations – take notes wherever possible and follow up with an email of what was discussed and agreed actions to avoid allegations that something was said or discussed which could damage your defence.

Records – you’ll have more than just conversations to record. Ensure that evidence of poor performance, sickness absence or whatever the issue, is captured.

Formalities – have a note-taker present whenever possible during formal meetings. Documented meetings, follow-ups, and agreed actions ensure you can evidence a fair process and have the proof to back it up.

Reasons – when making a decision impacting someone’s employment, always make a record of your reasons and justifications for why that decision was made. You’ll find it much easier to argue that the decision was fair and not based on any discriminatory reasons.

Keep it safe – ensure that you have a system to store information safely and accurately once it’s been recorded. Click here to find out more about our solution.

Securing great advice at the outset of any possible issue will ensure your processes and evidence trail are robust and effective. Get in touch to find out how we can help.

 

This update is accurate on the date it was sent (28 May 2021), but may be subject to change which may, or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Discrimination that falls below the radar

Posted on: May 26th, 2021 by Ginny Hallam

Creating a respectful culture not only makes good business sense but also reduces the likelihood of claims.  It isn’t always easy to spot unlawful discrimination – here are some of the key claims that might fall under the radar:

Harassment – even one-off comments or jokes that relate to protected characteristics are enough to amount to harassment if they affect an individual’s dignity. Mimicking in jest the accent of a particular ethnic group is enough for a successful claim.

Indirect discrimination – even well-meaning policy decisions that put at a disadvantage those with a certain protected characteristic can amount to indirect discrimination. By way of example, failure to update employees on maternity leave about work-related events is enough to amount to a successful claim.

Failure to make reasonable adjustments – if you suspect that an individual is struggling with an element of their work because they’re disabled, you need to make reasonable adjustments to help to reduce or eradicate that disadvantage.

If you fail to spot these possible claims, unlimited compensation can be awarded. It pays to be aware and train employees regularly. 

In our next update, we’ll share our insights into compensation trends in respect of discrimination claims. 

 

This update is accurate on the date it was sent (26 May 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

The new nimble normal

Posted on: May 25th, 2021 by Ginny Hallam

Flexible working creating greater balance and happier people looks set to remain on the agenda.

By the end of the year we should all be able to work as ‘usual’ – but:

  1. Do your employees want to return to the days of travel traumas and timetabled work?
  2. Have they been rewarded with a greater ability to do the school drop off and start the weekend early?
  3. How do you balance those demands with your needs for teamwork, creativity and innovation – can you create something really special for your people?

Our next series ‘the new nimble normal’ should help you to consider whether flexible employment can work well for your business. We’ll cover the legal framework you’ll need to follow when employees make requests for greater flexibility. Watch this space…

 

This update is accurate on the date it was sent (25 May 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Tribunal tales #3 – put your best foot forward

Posted on: May 20th, 2021 by Ginny Hallam

Being landed with a tribunal claim can often knock you sideways. Below are our thoughts on how to put your best foot forward and proactively reduce exposure if a claim is made against you:

Early advice – securing great advice early on will help identify strengths and weaknesses in your case and support you to plan accordingly. If your defence has any weaknesses, it’s better to know early and explore settlement to avoid unnecessary costs.

Timing – it can be complex to work out if a claim has been brought against you in time – if it hasn’t, the claim could be struck out. If you miss this argument in your defence you’ll not be able to argue the point later so ensure you secure advice when drafting your defence.

Mitigate loss – if the claimant hasn’t found a new job, start proactively keeping a list of all suitable vacancies in their area. If the claimant doesn’t attempt to mitigate their loss by finding a new job, this may damage their case and reduce compensation.

Settlement – consider whether you’re willing to settle, or if you’re determined to go to trial. Decisions about whether to settle are often made late in the process, incurring costs that could have been avoided. We’ll discuss settlement strategy in more detail later in the series.

Straight-talking advice at the start of any people challenge or process can help to minimise issues arising further down the line and reduce potential litigation risk. Find out more about how we can help you to achieve more commercial and practical people solutions.

 

This update is accurate on the date it was sent (20 May 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

Supporting managers with conflict competence

Posted on: May 19th, 2021 by Ginny Hallam

Divisive disagreements can cause conflict and create potential legal risk. Workplace conflicts are estimated to cost UK employers £28.5 billion a year (over £1000 per employee!).

Resignations, reputation, and potential claims are all costs associated with workplace conflict. Equipping managers to create a positive and inclusive environment isn’t just the right thing to do, it makes good business sense. Here are our thoughts:

Invest in manager learning – ‘accidental managers’ often miss out on training to develop their skills to nip issues in the bud and drive a positive culture. Click here to find out more about our training solutions.

Consider coaching – some managers have a fear of being ‘found out’. With the support of coaching ideas can be discussed, experiences shared, and managers empowered to have the right conversations. Click here to find out more from our coaching partners.

Create confidence – as ever, user-friendly, straight-talking processes for dealing with conflict are invaluable. Focus particularly on informal resolution to support managers to nip issues in the bud. Find out how we can support.

Get in touch to discuss how we can support you to equip your managers with a proactive approach to workplace conflict and creating an inclusive working environment. See our last update on why equality, diversity and inclusion training needs to be refreshed regularly.

 

This update is accurate on the date it was sent (19 May 2021), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.