When you have more employees than the roles available, you may need to ‘pool’ those employees carrying out the at-risk roles to fairly decide who remains at risk. It’s usually the case that you’ll want to restrict the pool as much as possible. Here are our thoughts:
Be clear on the roles at risk – identifying which roles need to be pooled isn’t always as easy as it sounds. Do you have different job titles for the same roles? Have job titles and job descriptions failed to keep up with the roles individuals are actually doing? This all needs to be considered.
Identify the individuals carrying out the roles at risk – do a number of individuals interchange between different roles as they have a wide skill set? In which case would it be reasonable to include all such individuals within the pool.
Consider individuals at other sites doing the same at-risk roles – where individuals move around sites and all do the role that is at risk, consider whether each of those individuals needs to be pooled.
Bumping – if you haven’t heard of ‘bumping’ you’ll need to learn fast! Bumping occurs where an at-risk employee is retained in favour of an employee who isn’t at risk (usually as they have better skills for the retained role). While there is no obligation to bump, you need to consider whether it’s appropriate to do so and make a note of your thought process.
Consult – if you have more employees than the number of roles at risk you’ll need to consult on whether you should pool (as in this case). A fair redundancy process includes giving individuals the right to challenge the pool before scoring at-risk individuals.
If you need advice or support with ‘pooling’ employees, Intelligent Employment is here to help – find out more!
This update is accurate on the date it was sent (24 November 2022), 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.
A recent Employment Appeal Tribunal (EAT) decision is a reminder that not all communication with advisers you’d deem confidential will be held by a tribunal as such. This decision highlights the need to exercise care if you’re not taking advice directly from a qualified employment lawyer as it may be required to be disclosed at tribunal. Here’s what you need to know.
In the recent EAT decision, Citation Ltd (an HR advisory business) was forced to disclose their advice, which related to an employee’s request for flexible working and reasonable adjustments, as the advice was provided by an HR adviser rather than a qualified lawyer.
Legal advice privilege – if the advice that you take is covered by ‘legal advice privilege’ (LAP) it means the advice cannot be required to be disclosed at tribunal – sometimes very helpful if the advice is that you’re dealing with discrimination or unfair dismissal! If you’re working with a qualified lawyer the advice will be covered by LAP.
Disclosure risk – clearly, this case doesn’t mean that you should only ever take advice from employment lawyers. But, you do need to be aware of the risks of disclosure where you don’t.
If you’re unsure about whether your advice is covered by legal privilege or want to ensure that it is moving forward, Halborns can help – get in touch.
This update is accurate on the date it was sent (22 November 2022), 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.
It’s a complex question but it’s one that’s been coming up more and more often over recent months. We’ve shared the positive steps you can take to support employees’ financial well-being in our ‘10 minutes with: The Money and Pensions Service‘.
But what do you need to consider when an employee asks for a loan and advance?
Agreed principles – you’ll need to debate at a senior level what support you’re willing to offer. Is it a blanket ‘no’, the offer of a single loan or a more flexible approach – they all have their challenges and opportunities.
Who to ask – you’ll want consistency in your approach to loans. Ideally, one or two individuals should understand your loan policy and be able to implement it.
How to request – ideally you’d have an online form that the employee completes explaining the amount they want to borrow, how soon they’ll be able to repay the amount and the reason for the loan. You also want to know by when they need the money.
Refusing requests – if you’re not able to offer financial support, do you have measures in place to ensure the employee doesn’t spiral downwards due to the financial pressure they’re under?
We’re adding a loan policy to our Intelligent Employment platform to help you explain steps employees must take to request a loan, any limitations, repayment arrangements and more. Find out how to access Intelligent Employment.
This update is accurate on the date it was sent (17 November 2022), 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.
You’d think with an experienced team of employment lawyers there’s nothing we haven’t seen – but Christmas never fails to deliver! Trashed hotel rooms, affair confessions, and an employee left on a motorway hard shoulder…we could go on.
Here are our hints and tips on making sure the only turkeys are those eaten on Christmas day!
Inclusive invites – make sure everyone is kept in the loop and given the option to accept or decline events, including employees on family-friendly leave or sick leave. It may not be the intention to leave anyone out but an inclusive approach avoids potential discrimination arguments (this case highlights the point).
Best behaviour – there’s a low threshold for successful harassment claims so ensure you set the right tone from the top down and deal quickly with any unwanted behaviour.
People policies – a subtle reminder of your key people policies should help to reduce potential calamities (think behaviour outside of work, dignity and respect at work).
Aligning managers – ensure you’ve reminded managers of the people challenges that might come their way in December and the reputational risks and further consequences if they fail to deal immediately with team members’ inappropriate behaviour.
Get in touch if you need our advice or guidance – Intelligent Employment is here to help.
This update is accurate on the date it was sent (15 November 2022), 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.
Voluntary redundancy is a route recognised by tribunals as a way of lawfully avoiding compulsory job losses. Here’s what you need to know.
The opportunity to volunteer can be offered at any point – usually though, you would offer voluntary redundancy at the beginning of a process as those who volunteer will not need to be taken through the remaining process saving time and cost.
Why would an employee volunteer – avoiding the redundancy process is one incentive to volunteering, but usually you’ll need to offer a little more than that if employees are going to offer to leave. Whether it’s a lump-sum tax-free payment, payment in lieu of notice, or holiday pay rather than forcing individuals to take holiday during notice, you generally have the flexibility to offer a package that’s right for the business, but also tempting for employees.
Unfair dismissal – don’t forget that even if employees volunteer for redundancy, in law they’re classed as “dismissed” and so are still able to claim unfair dismissal. You, therefore, need to think carefully about how you frame the offer of voluntary redundancy. Be clear that you’re not prejudging the situation and ensure that your offer of voluntary redundancy doesn’t in any way discriminate against anyone with a protected characteristic.
Setting a deadline – usually a good idea! One of the big incentives for you to offer voluntary redundancy is that you’re unlikely to have to continue with the redundancy process for those volunteering. If however, you’re still going to have to go through the process then the longer their decision takes, the less benefit there is to you offering voluntary redundancy.
Pooling employees – if you’re doing so because you have more employees than roles available, think carefully before you offer voluntary redundancy (particularly if the voluntary redundancy offer comes before the scoring process). If individuals volunteer who you’d have preferred to keep, turning down their offer may show that you have prejudged the process and is likely to taint the rest of the discussions making successful unfair dismissal claims likely.
If you need advice or guidance on managing a redundancy process – Intelligent Employment is here to help. Find out how.
This update is accurate on the date it was sent (10 November 2022), 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.