Recently printed in the Chamber magazine.
The most radical reform to the employment law system for decades was outlined recently by the Business Secretary Vince Cable as part of the Government’s plan for growth, cutting unnecessary demands on business while safeguarding workers’ rights.
Dr Cable announced the results of a consultation on resolving workplace disputes and the Red Tape Challenge review of employment law. In essence the changes seek to deliver a package of measures that will retain key protections for employees, but also fundamentally improve the way employers take people on, manage disputes and let people go. The government is consulting on a process that will enable employers to have ‘protected conversations’ with their employees.
Lorraine Smith who runs a local HR Consultancy business called Bravo Zulu HR works with many small and medium sized businesses and like many business leaders welcomes any genuine proposals to simplify employment law and reform the Employment Tribunal system.
Lorraine says that even if such a process for ‘protected conversations’ does get introduced this will take time. Do we really need them? Might they just create another layer of process for employers to juggle?
Lorraine who has 18 years’ experience of working with many sectors of business describes and herself as a HR professional who encourages a clear firm but fair approach in dealing with employees. “I work with SME businesses and find that when difficulties occur it is often a lack of suitable communication that may have contributed to the employment issue. You don’t need to rely on protected conversations if employers adopt the approach of setting out their expectations of their employees from the start. Employers should not assume employees know you expect or which direction you are taking the business in. If they don’t know this they are going to disappoint when it comes to performing in their role and helping the business grow.
“I often get called to advise and give hands on support to businesses when they are faced with a grievance or disciplinary situation. Often this is at the appeal stage where they have exhausted people who can hear such cases from with the business. Many of the business owners I meet have a genuine desire to see a fair process through to its conclusion without putting their business at risk of ET claim. I see many employers who tend to rely on verbal instructions to employees and do not always take action with regards to conduct or poor performance earlier enough. This lack of any written down evidence can seriously hinder an employer’s choices in dealing with their HR issues.
I can understand this – few of us like conflict but sometimes being clear with an employee will bring the issue to a head and both parties can then move forward in a more positive manner. The employers I work with have knowledge of employment law that allows them to get to a certain point in proceedings but they can lack the experience in being firm but fair when it comes to talking to their employees.
HR issues such as grievances or disciplinaries or poor performance can suck time and money for business who are trying their best to operate in challenging times. Being distracted from the day to day operations of the business by HR issues does not help.
Lorraine helps by providing a fresh pair of eyes and can give independent advice that can move the issue on and minimise the risk of an ET claim. As a Chartered Fellow of the Chartered Institute of Personnel and Development (FCIPD) Lorraine has significant experience in helping business with their HR issues. Why not make contact at www.bravozuluhr.co.uk or ring 07834 986875 to see if you she can help you.