Transcript Health and Safety Awareness

The role of HR
• Provide advice on employment law and best practice
• Support the recruitment and selection process
• Support a range of wellbeing activities including OH
referrals and return to work programmes
• Provide advice and assistance in managing staff
performance and conduct
• Support change management initiatives
• Develop a range of HR policies and procedures
HR Survival Kit for Managers content
Grievance
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Objectives
Disciplinary
Sickness
Absence
• Provide you with knowledge of key HR processes
• Enable you to deal with common staffing problems before
referring to HR
• Understand when HR should be contacted for expert
guidance
• Understand where to look for further support/reference
R&S
Probation
Capability
Grievance
Recruitment and Selection
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
The Process
Disciplinary
Sickness
Absence
Stage 1 –
Approval
• Post Approval
• Job Description/Person Specification
Stage 2 Advert
• Sentinel – approximately £1200
• Sentinel online – approximately £350
• Keele Website, Job Centre and Facebook/Twitter – Free
Stage 3 Selection
• Shortlisting – Against the Person Specification
• Testing – If included in the Person Specification
• Interview – Against the Person Specification
R&S
Probation
Capability
Grievance
Selection Methods
Disciplinary
Sickness
Absence
Interview
Assessment
Selection
methods
Role play
In tray test
R&S
Probation
Capability
Grievance
Interview Techniques
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•
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•
R&S
Disciplinary
Sickness
Absence
Probation
Capability
Ask open questions
Questions must relate to the person specification
Ask candidates to talk about their experiences
All questions must be the same for every candidate –
follow up questions may vary
• Use it as an opportunity to test the candidates
knowledge
• Ensure sufficient notes are kept
Beware of practices
that may be discriminatory!
Race
Religion or
belief
Disciplinary
Sickness
Absence
Sex or sexual
orientation
Gender
reassignment
Age
Disability
Grievance
Marital status
and civil
partnership
Pregnancy and
maternity
R&S
Probation
Capability
Grievance
Recruitment and Selection
Disciplinary
Sickness
Absence
In summary:
• We have training to prepare you for interviews. These are
mandatory if you’re involved in the selection process
• Advertising is expensive! Be creative wherever possible
• Competence can be assessed through a number of
selection methods
• Ensure all recruitment decisions relate back to the person
specification
• The main legislation governing recruitment is to prevent
discrimination
R&S
Probation
Capability
Grievance
Probation
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
R&S
Disciplinary
Probation - Discussion
Sickness
Absence
Probation
Capability
Why is the probationary period important for
both the manager and the employee?
Grievance
Benefits of probation
Employee
Manager
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Effective management of
probation
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•
•
R&S
Disciplinary
Sickness
Absence
Probation
Capability
Ensure a thorough induction
Provide clear and timely feedback and clarify expectations
Keep robust records of good and not so good performance
Provide support, training and guidance in development areas
Hold a probationary review meeting at 1, 3 and 6 months
Things not working out? Contact HR ASAP
Grievance
Probation - Case Study
Disciplinary
Sickness
Absence
R&S
Probation
Capability
2 months ago a new member of staff (Tina Turner) joined your team. Since
Tina started, you have encountered the following problems:
• 2 instances of lateness
• Poor attendance record (bradford factor score of 36)
These problems are having a negative impact on the team. Staff are saying
that they don’t want to be put on the same shift as Tina as she is unreliable.
You have given Tina the benefit of the doubt and have not yet spoke to her
about the issues. As things haven't improved, you now want to take things
forward.
Grievance
Probation – Case Study
Disciplinary
Sickness
Absence
• How would you approach the situation?
• How would you manage the remainder of the individuals
probationary period?
• What could have been done differently?
R&S
Probation
Capability
Grievance
Case study notes…
Disciplinary
Sickness
Absence
R&S
Probation
Capability
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Grievance
Probation
Disciplinary
Sickness
Absence
R&S
Probation
Capability
What happens if you don’t address the issues and concerns
you have and you do confirm the individual in post at the end
of their probation?
Grievance
R&S
Disciplinary
Probation
Sickness
Absence
Probation
Capability
This happens!...
• You keep an under-performing colleague for a long time (potentially)
• There could be an impact on the service delivery and a morale issue
within your team
• You will need to manage them under the capability procedure once they
have been confirmed in post
Remember - Your most effective way of dealing with an employee who isn’t
performing is during their probationary period
Grievance
Probation
R&S
Disciplinary
Sickness
Absence
Probation
Capability
In summary:
• Hold regular discussions within appropriate timeframes,
allowing reasonable opportunity for any concerns to be
addressed
• Be honest – the individual may not be aware of their under
performance and may need direction to address / improve
this
• Document discussions – summarise your discussions in
writing, identifying successes and concerns, including any
target setting and supportive measures
• Ensure employee is aware of the consequences of continued
poor performance
Grievance
Capability
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Disciplinary
Capability
Sickness
Absence
• The purpose of the capability procedure is:
• to ensure that staff achieve and maintain the level of work
performance that is expected of them
• to provide a fair and consistent mechanism for dealing with those
employees who are unable to achieve a satisfactory level of work
performance
• If performance continues to be unsatisfactory, despite appropriate
support, the outcome may be relevant formal warnings potentially
leading to dismissal
R&S
Probation
Capability
Grievance
When should you consider using the
Staff Performance Capability Procedure?
After the
probation
has been
confirmed
Series of
smaller
events that
are
continuous
Failure to
deliver
outcomes
or meet
deadlines
Still underperforming
despite
feedback,
guidance and
support
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Capability
Disciplinary
Sickness
Absence
• The process:
– Informal:
• Stage 1 - Investigation of the problem, identification of
causes and provision of guidance/advice/adjustments
– Formal:
• Stage 2 - First Formal Written Warning
• Stage 3: Final Formal Written Warning
• Stage 4: Dismissal
• We want to equip you to handle the informal stage of this
procedure with guidance from HR
R&S
Probation
Capability
Grievance
Capability
R&S
Disciplinary
Sickness
Absence
Probation
Capability
• The purpose of informal guidance/advice is to provide a positive
framework in which the individual can improve their performance
• Achieved by:
• Support from the manager
• Advice, guidance, coaching, training or supervision
• Use of Personal Development Plans
• Should be within a timescale that takes account of the context of
the problem, the individual, and the needs of the University
Grievance
Personal Development Plans
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Objectives
Measured by
Support
measures
Reviewed by
THESE ARE SPECIFIC
OBJECTIVES RELATING TO
THE EMPLOYEE’S
DEVELOPMENT AREAS. IT IS
USEFUL TO RELATE THESE
BACK TO THE
COMPENTENCIES OUTLINED
WITHIN THE APPRAISAL
DOCUMENTATION
THINK ABOUT HOW YOU
WILL KNOW IF THE
OBJECTIVE HAS BEEN
ACHIEVED AND HOW
THEY WILL BE
MEASURED
HOW WILL YOU
SUPPORT THE
EMPLOYEE IN
ACHIEVING THEIR
OBJECTIVES?
SPECIFIC DATE
THAT THE
OBJECTIVES
WILL BE
REVIEWED AND
BY WHOM.
DATES NEED TO
BE REALISTIC.
i.e To consistently comply with
health and safety standards and
procedures, ensuring the safety
of yourself and others at all
times.
i.e. Customer feedback, self
reflection, management
observation,
audit/inspections, incident
rates
i.e. mentoring, formal/
informal training,
shadowing, regular
feedback and
guidance, use of clear
policies and
procedures
i.e. manager to
review objectives
by December
2013.
Grievance
Disciplinary
Capability - Case Study
Sickness
Absence
R&S
Probation
Capability
A member of your team (Barry White) has a role that involves
regularly serving customers. You have received feedback on a
few customer comment cards that refer to Barry being quite
unfriendly and unhelpful. You have also noticed that he only
communicates with other team members when asked to do so.
The team have started to become quite hostile towards Barry
and you’ve heard a few whispers from staff referring to him as
being miserable and anti-social.
You’ve provided feedback during your last couple of 1-1
meetings, however no improvement has been made.
Grievance
Capability – Case Study
R&S
Disciplinary
Sickness
Absence
Probation
Capability
1/ Based on the information within the case study, draft a
personal development plan (PDP) for Barry. Consider what
objectives you would set to assist him in improving his
performance.
2/ What key points would you discuss with Barry as part of the
informal stage?
3/ How would you deal with the team?
Capability Vs Disciplinary
Grievance
Disciplinary
Sickness
Absence
CAN’T DO
- Displays a lack of interaction
with the customer
- Struggles to complete
appropriate Health and Safety
documentation effectively
- IT skills need improvement
WON’T DO
- Receive a complaint of rude
and offensive behaviour from a
customer
- Conscious breach of health and
safety guidelines
- Accessing inappropriate
website during work
R&S
Probation
Capability
Grievance
Capability
Disciplinary
Sickness
Absence
Factors which could affect an individual’s performance and what
you can do to understand these better:
• Health issues
• refer to OH for guidance on determining reasonable
adjustments
• Emotional Wellbeing
• make aware of the counselling service (OH may do this)
• Dyslexia
• contact HR to arrange a Dyslexia assessment
• Work relationships
• is everything ok within the team?
R&S
Probation
Capability
Grievance
R&S
Disciplinary
Capability
Sickness
Absence
Probation
Capability
In summary:
• Act promptly where there are capability issues
• The informal stage is an opportunity for both parties to
quickly resolve an issue
• Can’t do/won’t do - capability is about can’t do. Won’t do is
a disciplinary issue
• Where you have followed the informal stage, with a PDP and
suitable period of time for improvement, and there are still
problems…..call your HR link for further advice
Grievance
Sickness Absence
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Types of Absence
Disciplinary
Sickness
Absence
• Short-term/ intermittent Sickness
Absence
• Long-term Sickness Absence
• Unauthorised Absence
R&S
Probation
Capability
Grievance
Disciplinary
Sickness Absence – Exercise
Sickness
Absence
R&S
Probation
Capability
What do you think are the top 4 causes of
Short-term and Long-term absences?
Grievance
Sickness Absence – Exercise
Most common reasons
SHORT TERM ABSENCE
Disciplinary
Sickness
Absence
LONG TERM ABSENCE
R&S
Probation
Capability
Grievance
Why manage sickness
absence?
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•
Disciplinary
Sickness
Absence
Cost of loss of productivity and working time
Impact on service
Impact on others – morale, pressure of workload
Duty of care and responsibility to the member of staff off
sick
• Risk of it being seen as the ‘norm’
• Managerial and moral obligation
R&S
Probation
Capability
Grievance
Managing Absence –
Short Term
Disciplinary
Sickness
Absence
The most common methods used to manage
short-term absence are:
• Return-to-work interviews
• Record & monitor attendance
• Set trigger mechanisms to review level of absence
• Formal procedures for unacceptable absence
R&S
Probation
Capability
Grievance
Disciplinary
Sickness
Absence
Sickness Absence – Role Play
Return to work Interview – role play
R&S
Probation
Capability
Grievance
Managing Absence – Long Term
Disciplinary
Sickness
Absence
R&S
Probation
Capability
The most common methods used to manage long-term absence
are:
• Regular telephone contact
• Occupational health involvement
• Consideration of fit note recommendations
• Absence review meetings
• Risk assessments
• Phased Return to work plans
Grievance
Sickness Absence – Exercise
Disciplinary
Occupational Health Referral
What’s good? What’s not so good?
What could you do differently?
Sickness
Absence
R&S
Probation
Capability
Grievance
Disability and Reasonable Adjustments
R&S
Disciplinary
Sickness
Absence
Probation
Capability
• A disability is defined in the Equality Act 2010 (Disability Regulations) as:
“a physical or mental impairment that has a substantial and long-term
adverse effect on an employee's ability to carry out normal day-to-day
activities”.
• Employers have an obligation to consider any reasonable adjustments,
which may include:
• Specialised computer hardware or software
• Increased flexibility to attend medical appointments
• Disabled access to a building or floor
• Specialist equipment
• Additional time allowance for writing reports, letters, etc.
Grievance
Managing Absence Unauthorised
What is Unauthorised Absence &
How would you manage it?
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Discussion notes…
Disciplinary
Sickness
Absence
R&S
Probation
Capability
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Grievance
Sickness Absence
Disciplinary
Sickness
Absence
R&S
Probation
Capability
In summary:
• Act promptly, and maintain regular contact with the employee
• Ensure that poor attendance is closely monitored and
managed
• Refer to Occupational Health as per timescales, and act upon
this medical advice in conjunction with HR
• Meet with the employee to discuss absence, well being and
appropriate ways forward
• Seek guidance from HR regarding complex sickness absence
issues
Grievance
Disciplinary
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
R&S
Disciplinary
Managers role
Sickness
Absence
Probation
Capability
• The primary purpose of the disciplinary procedure is to ensure
acceptable standards of conduct are met and maintained. When
an individual breaches these standards, as a Supervisor/Line
Manager you may be appointed as the ‘Investigating Officer’
• Before invoking the formal stages of this procedure, HR advice
should be sought
• All parties involved must ensure that they maintain, as
appropriate, the confidentiality of the process within and outside
the University
Grievance
Misconduct
Disciplinary
Sickness
Absence
R&S
Probation
Capability
• Examples of misconduct are refusing or neglecting to comply
with reasonable and legitimate management instructions;
unauthorised absence, persistent lateness, rude or offensive
behaviour
• Minor lapses of conduct may be dealt with informally
• There is no definitive list regarding sanctions to be issued for
specific acts of misconduct
Grievance
Gross Misconduct
R&S
Disciplinary
Sickness
Absence
Probation
Capability
• Serious offence
• Disciplinary action that may warrant suspension from duty
whilst the matter is being investigated
• May result in the employee’s dismissal from the University if
the allegation is upheld
• A dismissal for gross misconduct would be with immediate
effect and without notice (summary dismissal)
Grievance
Disciplinary – Exercise
Disciplinary
Sickness
Absence
Gross misconduct or misconduct?
R&S
Probation
Capability
Grievance
Disciplinary - Exercise
Please circle
Disciplinary
Sickness
Absence
Identify for each example below if you think it would potentially
constitute misconduct or gross misconduct:
M
GM An employee has claimed for hours that they may not have worked
M
GM An employee has assaulted another member of staff
M
GM An employee is disappearing during working hours
R&S
Probation
Capability
Grievance
Informal stage
•
•
•
•
•
R&S
Disciplinary
Sickness
Absence
Probation
Capability
Use for minor lapses of conduct
Informal investigation
Clarify standards of acceptable conduct
Outline expected improvements (in writing)
No warnings to be given at this stage
Should the individual fail to meet the required standards, the formal
stage of the process may be invoked. Please liaise with manager/ HR
for further advice.
Grievance
Investigations
R&S
Disciplinary
Sickness
Absence
Probation
Capability
• As the investigating officer you should ensure that the employee is
invited to an investigatory meeting and given an opportunity to respond
to the allegations made against them
• If this is as part of the formal disciplinary process, the invite should be
made in writing with the required notice, specifying the allegation and
the right to be accompanied
• Consider appropriate sources of information. Investigation Guidelines are
available to assist you.
• Compose a list of suitable questions ensuring the appropriate techniques
(i.e. open/closed/probing) are used.
• You will then investigate the issues and summarise your findings in a
management report which will be sent to senior management for
consideration
Grievance
Disciplinary – The cost of
getting it wrong!
Did you know??
The maximum compensatory award
for Unfair Dismissal
currently stands at £74,200
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Disciplinary
Disciplinary
Sickness
Absence
R&S
Probation
Capability
In summary
• Deal with minor lapses of conduct informally where
appropriate and ensure discussions are documented
• Consider if misconduct or gross misconduct and seek HR
guidance before invoking formal stages
• Ensure appropriate notification and right to representation is
given
• Ensure a full investigation is completed in accordance with the
Investigation Guidelines
• No warnings can be issued outside of the formal disciplinary
process
Grievance
Grievances and Raising
Concerns
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Grievance
Purpose of the Grievance
Procedure
Disciplinary
Sickness
Absence
• To provide individuals with a course of action should they
have a complaint
• To provide a framework within which a complaint will be
investigated/explored
• To endeavour to achieve a successful outcome
R&S
Probation
Capability
Grievances and Raising
Concerns
Grievance
Disciplinary
Sickness
Absence
R&S
Probation
Capability
The principles of informal meetings:
• Confidential 1 to 1 with the member of staff
• Conducted in a private room/setting where the member of staff
feels comfortable
• No HR or Trade Union presence
• Open and probing discussion to establish facts
• Recommended 80:20 (employee:manager) ratio for discussion
• Establishing:
– What the individual wants to achieve
– How they would want to achieve it
– What role the manager has in reaching the resolution
• No formal action taken or decision made at this meeting against any
party involved
Grievance
Exploring the grievance
Disciplinary
• Carry out necessary investigations, including speaking to
other relevant parties to establish the facts
• Consider the case and facts carefully
• Consider if and how the concern can be resolved, including
what reasonable actions or measures can be implemented
• Sum up response in writing
Sickness
Absence
R&S
Probation
Capability
Grievance
Disciplinary
What is harassment?
Sickness
Absence
R&S
Probation
Capability
• Harassment is a range of unacceptable behaviour which
subjects an individual or a group to unwelcome attention,
intimidation, humiliation, ridicule, offence or loss of privacy
and creates an intimidating, hostile or offensive environment.
Grievance
Harassment
Disciplinary
Sickness
Absence
BULLYING
OTHER
RELIGION
GENDER
Harassment
AGE
RACE
DISABILITY
SEXUAL
ORIENTATION
R&S
Probation
Capability
Grievance
Disciplinary
Grievance - Exercise
What's your first action?
Sickness
Absence
R&S
Probation
Capability
Grievance
Grievance
Disciplinary
In summary:
• Ensure complaints are raised under correct policy and
procedure
• Ensure informal steps have been exhausted
• Complaints are thoroughly investigated
Sickness
Absence
R&S
Probation
Capability
Grievance
So, do you think you can survive
HR matters?!
• Got concerns?
• Have some questions?
• Want more information?
Disciplinary
Sickness
Absence
R&S
Probation
Capability
Information at your
fingertips!
• Link HR Advisor (see HR website
homepage for details)
• HR website – policies &
procedures
• DOHS website
• ACAS website
QUESTIONS or COMMENTS?