Problems in performance management

‘Performance management can be challenging and time-consuming,’ according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘The first challenge is to determine if this is a capability issue that needs to be addressed under a performance management procedure, or if it is a conduct issue to be dealt with under the disciplinary process. As a rule of thumb, capability relates to the employee’s abilities and competence, whereas conduct involves carelessness or laziness.’ ‘It is important to get this right to make sure you follow the right procedure and increase the chances of any dismissal being fair. Kalpesh Nakeshree outlines the performance management process, looks at common problems and highlights some alternative options. Key steps The purpose of a performance management policy and procedure is to give the employee the opportunity to improve…

What employers need to know about hidden disabilities

Have you ever spotted someone wearing a lanyard with a sunflower as a means of indicating that they have a non-visible disability (also known as a hidden or invisible disability)? But not everyone wishes to advertise their disability, and some people may not know that they have one. ‘Employers are sometimes surprised by the level of support that they are legally required to provide to disabled employees,’ according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay. ‘What can come as an even greater surprise is that those legal obligations may arise even if the employee has not told their employer about the disability.’ Kalpesh looks at hidden disabilities and debunks some common myths about what employers need to know to trigger their responsibilities under the Equality Act 2010. What is a disability…

New Year, New Start, New Job: An Employer’s Guide to Hiring Employees

This short article is aimed at the businesses who are looking to employ new staff.  It is important to take the correct legal steps when hiring new employees. Though it may seem simple to some, there are mandatory steps that any employer must take when looking to take on a new employee – and that doesn’t mean just showing them where the tea and coffee is located! Right to work in the U.K. First thing’s first, every employer MUST ensure that their new employee has a right to work in the U.K. Right to work checks can be carried out manually by obtaining documents from an approved list (see Home Office website for this). If an employee is unable to show their documents or status, you may be able to use the free Employer Checking Service…

The problem with work Christmas parties

Christmas parties are a great chance for employees to have fun together and for employers to treat their staff as a ‘thankyou’ for their hard work during the year. An unintended consequence can be that employees take this as a chance to behave badly or share uncomplimentary opinions about colleagues and managers that they have kept under wraps during the rest of the year. An employment tribunal is likely to see the Christmas party as falling within the ambit of employment, bringing the risk of the employer being liable for discrimination and other claims. This can also land you with grievances and damaged relationships. ‘No team is harmonious all the time, but sometimes working relationships can deteriorate to such an extent that employers may need to take drastic steps to resolve the situation. A breakdown in…

Adoption rights; what employers need to know

According to the charity Adoption UK there are nearly 3,000 children in care waiting to be adopted, and as charities seek to raise awareness of this during National Adoption week (17-23 October 2022), employers may get questions about employment rights related to adoption. Kalpesh Nakeshree, Head of Employment law with Ware &Kay explains how ‘Family-friendly employment rights support employees adopting looked-after children, as well as children adopted through surrogacy arrangements or from overseas. Although employment rights for adopting parents lagged behind those of a biological mother, adopting parents now have broadly the same entitlement to leave, pay and legal protection.’   Who is entitled to adoption employment rights? An employee may be adopting on their own, with a spouse, civil partner or in an unmarried couple, whether same or different sex. Adoption employment rights apply to…

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Employee benefits; pitfalls to avoid

Employee recruitment and retention remains challenging for employers and offering an attractive package of benefits can give employers an edge. A wide range of benefits can be offered, including buying or selling annual leave; reduced gym membership; private medical insurance; critical illness insurance and retail discounts or vouchers. ‘Employers need to take care with employee benefits as the rules around different benefits can be complex, and there are often unanticipated knock-on effects,’ explains Kalpesh Nakeshree, Head of Employment Law with Ware & Kay in York & Wetherby.  He outlines the key pitfalls to be aware of and explores the Government’s cycle to work scheme, by way of a practical example. Benefits of little value Although it may seem obvious, employers need to make sure that what they offer remains valuable to their particular workforce. Employees looking…

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they bring the right mix of skills, experience, and contacts to the business. It is not uncommon for the recruitment process to include some informal occasions, at which terms, conditions and incentives might be discussed.  Failing to capture such casual agreements and to spell them out in detail in the employment contract can lead to problems down the track if there is a misalignment of understanding.  ‘Remuneration packages and contractual terms for senior executives can be complex. So, investing time and resources in the negotiations and in setting out the agreed terms is well worth it’, according to Kalpesh Nakeshree, Head of Employment Law with Ware & Kay Solicitors.  ‘Not doing so can prove costly, damaging to the business or the individual’s…

Employment Law Newsletter July 2022

This article covers: 1. Early Conciliation: How to Avoid the Employment Tribunal 2. Part-Time Workers Rights 3. “Wellness” in the Workplace 4. Was Dismissal of Employee Fearful of Covid-19 Fair 1. Early Conciliation: How to Avoid the Employment Tribunal The obvious route to avoid the employment tribunal is for employees and employers to discuss workplace issues as they arise and to resolve them before they become disputes. However if informal workplace conversations or more formal approaches such as a grievance procedure don’t work, employers can find themselves facing a claim in the employment tribunal. The question is, how to avoid the claim being heard, in public, in the employment tribunal. Before commencing a claim in the employment tribunal the employee must inform Acas – please note strict time limits apply at every stage so don’t delay…