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How to Handle Potential Misconduct | Consensus HR |Herts, Beds, Cambs

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Treating Potential Misconduct Appropriately

People problems can hit any size of business. Misconduct cases are more common than you may think. They can involve:

  • Theft
  • Sexual harassment
  • Abuse of power
  • Falsifying documentation
  • Health and safety breaches
  • Goods or property damage
  • Drug and/or alcohol use

A TUC survey found that 58% of women of all ages reported they had experienced being harassed, bullied or verbally abused while trying to do their job. In almost 40% of the most recent incidents to affect a victim, responsibility lay with a third party, such as a customer or client.

Very recently, high-profile cases involving potential employee misconduct have hit the headlines, involving media presenters who are household names.

‘It’s crucial to have robust disciplinary procedures in place. This ensures that, as a responsible and reasonable employer, you can deal with instances of alleged misconduct and inappropriate behaviour legally and fairly,’ says Matthew P Chilcott of Consensus HR.  

 

When you decide on a disciplinary you need to ensure that a thorough investigation has taken place. This considers the allegations and relevant punishment involved, applying the outcome to all employees involved.’

He adds: ‘From experience, I know this can be hard for some employers who do not have the staff numbers to manage the situation correctly. Businesses of all sizes must ensure that they seek the relevant support needed. Otherwise, they risk expensive tribunal claims and a negative reputation as an employer.’

Do you have robust, fair HR practices in place to deal with employee misconduct?

Treating Potential Misconduct Appropriately

Talk to the friendly experts at Consensus HR. Explore how your HR practices can be improved, protecting your business and your employees.

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Misconduct issues can hit any business, of any size. Update from Consensus HR, expert outsourced HR services. Herts, Beds, Cambs Give us a call now if you wish to discuss.
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YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

Employment Tribunal: The Potential Cost to Your Business

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Employment Contract

Why Your Business Needs Employment Contracts

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Why Your Business Needs Employment Contracts

Can your business spare £25,000?

This is the amount it could cost for not providing an Employment Contract to an employee.

Are you at risk of a hefty penalty?

The Consensus HR team often provides HR Health Checks and employment law advice regarding our clients’ HR provision. One of the most common questions raised by employers is: “why do we need Employee Contracts?”.

Business owners/managers also query the benefits to the business. This is usually due to concern about investing time and funds to create Employee Contracts.

Why a business should provide Employment Contracts

An Employment Contract ensures that everyone is fully aware of:

  1. the main terms within the business, and
  2. the main terms of their employment.

It includes details such as:

  • Name of employer and employee
  • Pay and whether it’s weekly, monthly pay etc.
  • Job description/job title
  • Pensions and pension schemes
  • Date employment and continuous employment started
  • Working hours
  • Details of any collective agreements that directly affect the employee’s conditions of employment.
  • Disciplinary and grievance procedures following the Acas Code of Practice.
  • Job location
  • Holiday entitlement
  • Sick leave and pay entitlements
  • Appeals procedure under the Discipline & Grievance.

The risks of not providing Employment Contracts

It is a legal requirement for businesses to provide employees with a written statement of the terms and conditions of their employment (their Employment Contract), from their first day of employment. If this is not in place, you could be taken to an employment tribunal and fined between two and four weeks’ pay.

More importantly, written terms of employment offer some protection (for you and your employees) should there be disagreement about what was agreed. “These disagreements could result in a breach of contract claim, with a potential penalty of up to £25,000 at an employment tribunal or up to £50,000 at the High Court,” explains Matthew Pinto-Chilcott of Consensus HR. “It’s definitely not worth taking any risks.”

He adds: “When we write an Employment Contract, we ensure all required details are included. We look beyond the essential items to check what other terms may be relevant and helpful to your business. Items such as ‘Deductions from wages’ an area that is often overlooked, for example. This is needed when an employee leaves the business, is working within a probation period or has compassionate leave, to name a few scenarios.”

Are you worried about your current Employment Contract?

Would you like reassurance that your business is fully compliant and working to best practice?

Contact us now

If you want to always keep up with employment law and wish to know more please get in contact now.
Contact Us

YOUR OUTSOURCED HUMAN RESOURCES DEPARTMENT.

For further information on any of the HR subjects we provide, please click the heading below:

Why Your Business Needs Employment Contracts

Copyright © Consensus HR All right reserved.

Designed by JCP Web Designs

Employee, Worker or Self-Employed … What’s the Difference

7 HR – Back to basics – 2 Employment Contract

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7 HR – Back to basics – 2. Employment Contract

Here is our 7 HR – Back to basics – 2 Employment Contract

Since the change in the law in April 2020, employees are entitled to an Employment Contract from day one of employment when previously it was within 3 months.  We are still finding that many companies do not provide this on day one of employment, but this should be produced when the decision to employ the person has been made and signed, dated and sent to them for their viewing, with the agreement signed and dated.

As part of the 7 HR – Back to basics – 2 Employment Contract; it is important that your employee contract includes specific legal clauses and others which need to be adapted to suit your business and service/product you offer, such as the clause for deduction of wages.  Unauthorised deduction from an employee’s wages can result in an employee, current or past making a claim to an Employment Tribunal regardless of length of service.  Although this should make no difference, as companies need to work to best practice and the law or face the possible consequences that could occur, such as an award of £2,100.

We work with clients to draft a company specific Contract of Employment such as full-time, part-time, self employed, home working etc and by getting to know their business ensure clauses are adapted to ensure maximum usefulness for the employee and business.

As previously mentioned, failure to provide an Employment Contract from day one can result in a claim to an Employment Tribunal, claims for an authorised deduction of wages due to money being subtracted from an employees pay, and the company not contractually permitted to do so, even after consultation with the member of the team.

Areas which should be covered in an Employment Contract can be found by clicking here. 

7 HR – Back to basics – 2. Employment Contract

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If your company needs a comprehensive employee Contract, then why not call us now for a non obligatory discussion?
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