This is the cause of many of the claims we come across. Sometimes businesses cannot see at an early enough stage the potential seriousness of the issue that they may be facing, or may take an action which could be discriminatory or unfair (even though they might seem logical and business-focussed at the time). These days many employees know far more about their employment rights than their managers do!
Suggested action: A half or one day annual training session for managers on essential employment law and the statutory discplinary procedure is a MUST in today's environment.
We come across instances of managers who have lurched ahead on whatever path they have chosen in the full knowledge that any legal costs to defend the organisation's position and any compensation, if awarded, will not affect their bottom line performance.
Suggested action: Managers should understand their responsibility for the people issues in their organisation. If managers are more alert and responsive to employee issues and the effect of those issues on the wider business, fewer issues will occur in the first place!
If small issues or complaints at work are not addressed in a timely way they can escalate to enormously time-consuming and costly issues to address.
Suggested action: Managers are often pulled in a hundred different directions. Wherever possible, encourage them to address even small issues at the earliest opportunity. As a minimum, also include within their performance objectives the need to continue to manage and motivate their staff in a timely way.
A common cause of complaints from employees relates to an absence of paperwork a contract of employment, job description, witness statements in a disciplinary investigation, up to date policy documents etc.
Suggested action: As time consuming as it might be, having a comprehensive set of employment documents is another must in today's employment environment. The documents should be easy to follow, accessible and written in a language that encourages any line manager to want to follow them. You also need to encourage managers to get all paperwork up to speed before allowing an employee to start work and before commencing any meetings such as disciplinary or redundancy.
09 September 2008, webeditor