HR Practice

1. HR Practice Employee Relations

2. Introduction Employee relations is an area of work comprising: • managing the employment contract and relationship • ensuring compliance with employment law • communication with employees • promoting retention, involvement and engagement • collective processes of negotiation and consultation

3. Changing nature of employee relations From a focus on collective arrangements to a greater focus on individual relationships, shown by: • a significant decline in trade union membership • a significant decline in the number of employees covered by collective agreements • a significant decline in the range of matters addressed by collective bargaining • a shift in what union officials spend their time on – from negotiating pay and conditions to individual representation and support • a reduction in industrial action • the increasing importance attached to the employee ‘voice’ and employee involvement • growing interest in the use of mediation to resolve disputes

4. Discipline • Employment Rights Act • ACAS codes and guidance • Disciplinary procedures • Trade Unions

5. Disciplinary rules • set the standards of behaviour and conduct expected in the workplace • vary greatly depending on the size of the organisation, the industry and management style • Likely to cover - general conduct - health and safety - security - time-keeping and attendance

6. Disciplinary procedures • ‘Discipline and Grievances at Work’ The ACAS Guide 2009 outlines the essential features • ACAS also issue a Code of Practice • Failure to follow procedures can result in unfair dismissal • Must be shared with new employees

7. Good practice in implementing disciplinary procedures • disciplinary processes should be carried out promptly and consistently • any necessary investigation should be carried out • the employee should be informed of the basis of the problem and be given an opportunity to put their side of the story • the employee should be allowed to be accompanied • the employee should be allowed to appeal

8. Appeals procedures Should: • specify a time-limit • provide for appeals to be dealt with speedily • provide for the appeal to be heard by someone senior to the person who took the disciplinary decision • spell out what action may be taken by those hearing the appeal • set out the right to be accompanied • provide for the employee to have the opportunity to comment on any new evidence arising during the appeal

9. Capability • Capability procedures • Poor performance • Ill health • Sickness absence management

10. Handling grievances • Employees must have a means to raise complaints and seek redress • Employees should be encouraged to raise any complaints at an early stage • Grievance procedures should be publicised • Grievances should be addressed as soon as possible

11. Grievance procedures Grievance procedures should be: • equitable in the way in which employees are treated • simple to understand • rapid in their application.

12. Employee involvement • In the broadest sense includes: - communication - consultation - participation schemes • Works councils • Trade union involvement

13. Psychological contract