Changing an employee's working hours
Advantages of employing part-time workers
The benefits to employers of employing a part-time worker.
Employing part-time workers has a range of potential business benefits, such as:
- being an efficient way to keep costs down in areas where you don't yet need full-time cover
- increasing recruitment and retention of staff by offering family-friendly working practices
- being able to show potential clients and customers that you value having a diverse workforce and ethical employment practices
- allowing you to bring in highly skilled and experienced staff members even when you have a fixed budget and can't afford to bring someone in on a full-time basis
- expanding the pool of potential recruits - part-time work tends to attract parents with younger children and older people, who may not want to work full-time but can bring a wealth of skills, experience and expertise
- increasing the ability of your business to respond to change and peaks of demands - for example, you can use more workers at peak times and extend your operating hours by using part-time workers in the evening or at weekends
- helping to reduce the workloads of other workers, eg when you don't have enough work for a new full-time position but are regularly using overtime to meet demands - this can reduce your overtime costs and help prevent the negative effects of stress and fatigue
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Options for part-time working
Considering term-time-only workers and job sharing as options for part-time working.
The most obvious form of part-time working is where the worker simply works fewer than the normal basic full-time hours.
For example, they could work:
- every weekday morning, afternoon or evening
- a full day every Monday, Tuesday and Thursday
- weekend shifts and the occasional evening shift in the week
However, there are other part-time working options that may suit your business needs:
- term-time-only workers tend to be parents who work during term time and take paid or unpaid leave during school holidays
- job-sharing is where two or more people share the responsibilities, pay and benefits of a full-time job - see introducing job-sharing
Alternatives to part-time working
If you feel that part-time working doesn't suit a particular job or your business as a whole, you could consider other types of flexible working.
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Recruiting and managing part-time workers
How employers can bring part-time workers into their business.
If you decide to employ part-time workers, you should ensure that:
- the roles suit part-time working arrangements
- your recruitment process is convenient for potential candidates
- you can effectively communicate with and manage part-time workers
Designing part-time jobs
When designing a job for a part-time worker, you first need to specify what you want the jobholder to achieve.
Think carefully about the tasks that they need to do to achieve these objectives. These will determine how much flexibility there is around the hours the jobholder must work.
When determining working hours, consider:
- how much time is needed to do each task
- whether the tasks require someone to work at a specific time or can be done at any time
- how the jobholder will fit into the existing structure of your business
It is important to consider the skills and personal attributes needed to perform the role effectively and specify these in the person specification.
Do not include any requirements that are not necessary to succeed in the post and that might exclude some candidates.
Recruiting for part-time jobs
When advertising for jobs, make it clear whether the job is either purely part-time or part of a job-share - see introducing job-sharing.
Think creatively about how to reach experienced workers who may be looking for part-time work, eg parents with young children, carers, and older people.
Try to arrange interviews and other stages of the recruitment process at times that are convenient for those applying for the job, eg if the job is for part-time evening work, hold interviews during the evening.
Managing part-time workers
Make sure that:
- your part-time workers receive all staff communications
- you inform them of all major decisions affecting their jobs
This may require you to contact - by phone, email, or text message - those part-time workers who are not in the workplace when you send out messages for the first time.
You could consider setting core hours during the week when all staff will be present. This is a time when you can hold meetings and make or communicate important decisions.
If there isn't a time when all workers are in the workplace, vary the times of key meetings so everyone can attend at least some of the time. Ensure that the outcomes of meetings are shared with workers who were not there.
To help you manage your part-time workers more easily, try to find out if they:
- have any flexibility to work additional hours on major projects or to attend meetings outside their scheduled hours
- are happy for you to contact them outside of their normal working hours
Make sure that any part-time staff has opportunities to attend training courses offered to full-time staff.
This might mean you have to offer training courses that can be delivered more flexibly. For example, a course could:
- have an element of home study time
- be condensed into two days instead of three
- be made up of short units that the worker can complete whenever they are at work
External help for introducing part-time working
There are a number of organisations that can advise you on introducing part-time employment in your business.
The Labour Relations Agency (LRA) provides free advice and guidance on the employment rights of part-time workers.
The Jobs & Benefits Office can help you fill both part-time and full-time vacancies. Support varies from recruitment planning right through to practical vacancy filling, including matching and sorting of application forms.
In many regions, there are specialist organisations that can help employers to implement flexible working - including part-time working - and to recruit suitable candidates.
For more information on the provision in your area, you should contact your local enterprise agency.
You could also try picking up tips from other employers that have already employed part-time workers successfully.
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Part-time workers' rights
The right of part-time workers to receive the same pay, equal treatment and pro rata contractual benefits.
All workers have basic employment protection rights - regardless of whether they work full or part-time.
Part-time workers must be treated equally to comparable full-time workers who work for the same employer and do similar work under the same type of employment contract.
Pay for part-time workers
Compared with full-time workers, part-time workers should receive equal:
Rates of pay
Part-time workers must receive the same rate of pay as full-time workers carrying out work of equal value.
Overtime pay
But only once they have worked more than the normal full-time hours of a comparable full-time worker, eg if a comparable full-time worker normally works 40 hours per week, a part-time worker working 20 hours per week would have to work another 20 hours before receiving overtime pay.
Enhanced rates of pay
For working outside normal contractual hours, eg bonus pay, shift allowances, unsocial hours payments and weekend payments.
Equal treatment of part-time workers
Compared with full-time workers, part-time workers should receive equal:
- access to any occupational pension scheme
- access to training and career development - when scheduling training courses, you should do as much as possible to include part-time workers
- rights to career breaks
- rights to receive enhanced sick, maternity, paternity and adoption leave and pay
- parental leave and other time off rights eg dependents' leave
- consideration for promotion
- the fact that an employee works part-time cannot be used as a reason for selection for transfer or redundancy
Pro rata contractual benefits
Part-time workers have the right to receive contractual benefits pro rata, ie in proportion to the hours they work.
This applies to benefits such as:
- paid annual leave above the statutory minimum
- company cars
- staff discounts
- health insurance
- subsidised mortgages
- profit-sharing and share-option schemes
For example, if you allow your full-time workers 30 days' paid annual leave, a part-time worker working three days a week would be entitled to 18 days.
If you cannot easily divide a benefit, eg health insurance or a car, you could withhold it from part-time workers. However, you must justify this decision on objective grounds.
The best thing to do is to work out the cash value of the benefit and give the appropriate pro rata amount to the part-time worker. For example, you could calculate the financial benefit of a company car and pay half that amount to part-time workers who work half the number of hours of full-time workers.
Term-time / part-year workers
Case law has determined that workers employed on a continuous contract throughout the year, and who work for varying hours during certain weeks of the year, such as those who work only term time, are entitled to 5.6 weeks of leave each year. This entitlement applies regardless of the fact that there are some weeks in the year when they do not work.
In such instances, holiday pay is calculated by averaging the pay received during the 12 weeks prior to the commencement of their leave. If there are weeks during the 12-week period where no pay was received, these weeks are disregarded and the employer must count back to include a total of 12 weeks in which pay was received.
Although there may be times when a part-year worker receives a higher payment than a full-time worker, this is compliant with the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000, as the part-time worker is not being treated less favourably. There is no legislative provision to prevent part-time workers from being treated more favourably.
Justifying less favourable treatment
You should generally treat full-time and part-time workers equally. You will only be able to justify less favourable treatment if it can be shown objectively that it is necessary and appropriate to achieve a legitimate business objective.
For instance, you may be justified in withholding health insurance if you can show that the cost of providing this benefit is disproportionate.
In the case of share-option schemes, you may be able to justify the exclusion of a part-time worker where the value of the share options is so small that the potential benefit to the part-timer of the options is less than the likely cost of realising them.
Complaints of less favourable treatment
Part-time workers who believe you have treated them less favourably can ask you for a written statement of reasons for this. You have 21 days in which to respond.
Part-time workers who still believe you are treating them less favourably, and don't believe you have objectively justified this, can make a complaint to an industrial tribunal. A tribunal can make you pay compensation if they find it in the part-time worker's favour.
The Labour Relations Agency provides an alternative to the Industrial Tribunal under the Labour Relations Agency Arbitration Scheme. Under the Scheme, claimants and respondents can choose to refer a claim to an arbitrator to decide instead of going to a tribunal. The arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
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Introducing job-sharing
Job-sharing is a good way of allowing part-time workers to cover full-time job positions.
Job-sharing is an increasingly popular way for people who used to work full-time to move into part-time work.
What is job-sharing?
Job-sharing is when two - or sometimes more - people share the responsibility, pay, and benefits of a full-time job.
The job sharers share the pay and benefits in proportion to the hours each works. They may work split days, split weeks, or alternate weeks, or their hours may overlap.
For example, one job sharer could work Monday, Tuesday, and Wednesday, while the other works either the Thursday and Friday or the Wednesday, Thursday, and Friday, using the Wednesday as a handover period.
The benefits of job-sharing
As an employer, the benefits of job-sharing include:
- retention of valued workers who can no longer work full-time and may otherwise leave
- a wider range of skills, experience, views and ideas
- increased flexibility to meet peaks in demand
- greater continuity when one worker is sick or on holiday
- a wider pool from which to recruit
- increased commitment and loyalty
- a potential reduction in absenteeism, sickness and stress
The advantages of job-sharing for workers include:
- less stress, particularly if they are parents or carers
- a greater sense of responsibility and control of working life
Introducing job-sharing arrangements
Once you have decided that a job-sharing arrangement may be suitable, you may need to agree with workplace representatives on how it will work.
During the recruitment process, you should aim to choose candidates who have demonstrated that they can work well with others, and have complementary skills and experience.
Managing job-sharing arrangements
Once the job sharers are in place, you need to ensure that:
- you divide the work fairly
- you explain how holidays, particularly customary days, will work
- there are clear lines of responsibility
- the job sharers have clear lines of communication between themselves to ensure continuity - eg introducing a log to supplement face-to-face communication between the job sharers
Measure both job sharers' performance against full-time members of staff. If there are performance issues, deal with them evenly rather than placing the responsibility on one job sharer rather than the other.
Don't forget to plan ahead for hiring a replacement - it may take you longer to recruit a suitable individual who can work the required hours if one of the job sharers leaves.
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Considering requests to change working hours
Points to think about when workers ask to work part-time or any other flexible working pattern.
All employees, who have 26 weeks of service at the date of application, have the statutory right to request to work flexibly.
This includes working part-time or under some other form of flexible working arrangement, eg working from home.
You have a legal duty to consider any such request seriously - and you may only reject it on a limited number of specified business grounds.
For more information on statutory flexible working requests, see flexible working - the law and best practice.
Considering whether part-time working is appropriate
Before taking a decision, you need to consider:
- if a job-share would be appropriate and whether there is a suitable candidate to work as the other job sharer - see introducing job-sharing
- whether someone needs to be present in the post during all hours of work
- whether all the necessary work can be done in the number of hours the worker wants to work
- whether there is a similar type of job the worker could do part-time
- the cost of recruiting and training a replacement if a compromise cannot be found
- the business benefits of a part-time arrangement
- the consequences on the business' systems, procedures and resources
- reaching agreement with workers and/or their representatives before making changes
- any effects on other staff
Bear in mind that, once you agree to a part-time working arrangement, this is a permanent change to the worker's terms and conditions of employment (unless you agree otherwise). You should notify the worker of this, pointing out in particular that they will receive less pay as a result.
Requests from part-time workers to work full-time
If a part-time worker requests a change to full-time hours, you have no legal duty to agree to - or even consider - such a request unless otherwise agreed.
However, it is best practice to at least ask the worker to provide you with a good reason as to why this would help your business.
You could then consider whether or not:
- there is sufficient work for the increased hours
- you could use the extra hours to reorganise a number of jobs to make them more effective
- your business could afford the increase in pay, bearing in mind that you could offset any increase against saving money on recruitment and/or training
If you refuse the request, you should explain why and/or look for alternative ways of reshaping the job.
Flexible working policies
If you don't have one already, consider putting together a policy for dealing with all flexible-working requests. This will help you deal with such requests consistently and fairly.
Your policy should also cover recruitment and part-time working, ie how you would consider requests to work part-time from both internal and external job applicants applying for full-time positions.
You should, if possible, assess all the jobs in your business - including skilled and managerial ones - to determine which, if any, could be performed part-time or under a job-sharing arrangement.
See how to set up employment policies for your business.
Practical measures to facilitate part-time working
If you are a larger employer, you could consider:
- offering a contribution towards childcare costs
- providing childcare facilities on site, eg a nursery
See childcare support for your staff.
If you have new employees who are parents, and who would like to find out if they are entitled to any other form of financial support with their childcare costs, the Employers for Childcare Family Benefits Advice Service can help - Tel 028 9267 8200 for free, impartial and confidential advice (lines open Monday to Friday 8am-5pm).
You might also consider introducing other flexible forms of working, such as term-time working, lunchtime working, flexi-time and home-working. See flexible working: the law and best practice.
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Changing an employee's working hours
How an employer can reach an agreement with a worker when you want to change their working hours.
At some point, you may want to change the hours a worker works perhaps as a result of changing business needs or demands.
Can an employer change an employee's working hours?
A change to a worker's working hours amounts to a change to their terms and conditions of employment. As such, you need the worker to agree to any changes. See how to change an employee's terms of employment.
Requesting a change to working hours
Before requesting a change to a worker's working hours, you should look at the individual circumstances of the worker. For example, a change from part-time to full-time work may affect their care arrangements, while a reduction in hours may cause them financial problems.
You should notify the worker of your proposed changes to their working hours as soon as possible and explain to them why these alterations are necessary. If you do this, they may be more willing to consider and agree to your plans.
You should then consult with the worker and/or their representatives, eg trade union representatives or representatives of any relevant information and consultation forum, to reach an agreement. See how to inform and consult your employees.
Worker refuses the change to working hours
If the worker refuses to agree to your proposed change in hours, you could terminate the whole contract and offer employment on the revised terms.
However, this amounts to a dismissal - and could potentially be unfair. Therefore, you need to:
- follow a fair and reasonable procedure when dismissing the worker with appropriate notice, prior to the start date of the new contract - see dismissing employees
- terminate the contract by giving the worker proper notice - see how to issue the correct periods of notice
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Pay, rewards and benefits policies
In this guide:
- Set up employment policies for your business
- Advantages of employment policies
- Employment policies: what types should I use?
- Working time and time off policies
- Equality and diversity workplace policies
- Health and safety workplace policies
- Disciplinary, grievance, bullying and harassment policies
- Workplace policies to help you protect your assets
- Anti-bribery policies
- Training and performance management policies
- Pay, rewards and benefits policies
- Managing personal relationships at work
- Writing and communicating staff policies
Advantages of employment policies
Why it’s beneficial to have employment policies in place in your business.
There are many advantages to having suitable employment policies in place. For example, setting standards within your business can help with healthy workplace relations.
Benefits of having employment policies
Other advantages of having employment policies can include:
- a reduction in the need for disciplinary and legal action
- increased productivity and morale
- better employee retention
- employees know what is expected of them
- protection from breaches of employment legislation
- a framework where a delegation of decision-making is equitably agreed upon can maintain morale
- providing a means of communicating information to new employees
Clear policy making can also be positive for your business' reputation externally, eg among clients and the local community.
Having suitable policies in place can also make it easier to attract new staff.
To access templates for workplace policies that you can download, tailor, and use, see HR documents and templates.
Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
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Employment policies: what types should I use?
A list of the common types of employment policies that employers can set up.
The employment policies that you have will depend on the size and nature of your business. For example, if your staff operate machinery, it may be a good idea to implement a specific staff policy on drugs and alcohol use. If most of your staff use computers most of the time, you should have an email and internet acceptable use policy.
Common types of employment policies
Type of Employment policy Further Information Maternity/paternity/adoption/parental bereavement policy Statutory leave and pay entitlements Working time and time off policy Working time Equality and diversity workplace policy Diversity, equality, and inclusion in the workplace Health and safety policy Health and safety Pay policy Staff pay Bullying and harassment policy Bullying and harassment Rewards, benefits and expenses policy Expenses and benefits Discipline/dismissal and grievance policy Dismissing employees Redundancy policy Redundancy, restructures, and change Measures to improve performance or manage change Bribery policy Anti-bribery policies Policies on the use of company facilities, eg email, internet, and phone use Other key HR policies and templates Training and development policy Performance management and staff training templates Policy of right of search/social media usage Policies to help you protect your assets Patents and copyrights policy Patents, trademarks, copyright, and design Confidential information policy UK General Data Protection Regulation (UK GDPR) Policies on whistleblowing/protected disclosures Policies to help you protect your assets Smoking, drugs, and alcohol policies Workplace policies on smoking, drugs, and alcohol Sickness absence policy Absence and sickness policies: what to include Flexible working policy Flexible working: the law and best practice Hybrid working policy Hybrid working - employer guidance
To access employment policy templates that you can download, tailor, and use for your business, see HR documents and templates.Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
Employment policies: legal requirements
Note that it is a legal requirement to set out your health and safety policy in writing if you have five or more employees. It is also a legal requirement to set out your disciplinary rules and discipline and grievance procedures in writing.
If, following an assessment, there is a risk that someone performing services for your business might carry out acts of bribery, you will need to have a procedure in place to prevent such acts. Read more on anti-bribery policies.
Communicating your employment policies
A workplace policy can be part of your employee/company handbook or you could set it out in a separate document. However, for your discipline and grievance policies, you must either set them out in a written statement of main terms and conditions of employment or refer in a written statement to a place where the employee can read them, eg the company intranet.
You should make staff aware that your employment policies exist, particularly during the induction process - see induction programme: what to include, and make sure workers can easily access them if necessary, eg by having them pinned up on a noticeboard or put on the company intranet.
Employment policies: contractual status
Workplace policies generally aren't contractually binding unless they expressly state otherwise.
However, terms of some employment policies could be seen as contractually binding through custom and practice, ie where workers follow certain working practices or receive certain benefits over a significant period of time, and ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
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Working time and time off policies
Polices covering leave and absence, working hours, and overtime.
A policy on working time and time off should cover a number of areas.
Leave and absence
Occasionally, your workers will want or need time off.
In certain circumstances, you are legally obliged to give your workers time off, eg to take annual leave, attend health and safety training, time off for dependants, and carry out trade union duties. See parental leave and time off for dependants and allowing time off work.
In other circumstances, you can use your discretion, eg requests involving moving house or looking after a sick relative. However, having policies in place that pre-empt these types of requests will ensure that you deal with such matters consistently.
Working hours
Workers aged 18 years old or above may only work an average of 48 hours per week averaged out over a 17-week period (other limits apply for younger workers). However, they have the right to sign an opt-out agreement, which allows them to work more than this.
It's a good idea to manage these working hours and keep appropriate records. See hours, rest breaks, and the working week.
Overtime
You are not obliged to offer overtime to your workers or require them to work it. However, any overtime policy should still set out the rules on overtime. This is particularly important if your workers have come to expect regular overtime - they could claim it had become a contractual entitlement through custom and practice.
Rates of overtime pay should be agreed with employees, as no minimum statutory levels apply, although you should ensure that workers are paid at least the national minimum wage for all hours worked. See how to manage overtime.
Work-life balance
Encouraging work-life balance is important for your business. To achieve this, and as they are statutory rights, you should definitely have policies on:
- parental leave
- flexible working
- maternity, adoption, and paternity leave and pay
See how to promote good work/life balance in your business.
To access templates that you can download, tailor, and use, see time off work policies and procedures.
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Equality and diversity workplace policies
How promoting equality and diversity policies can benefit your business and create an open, communicative workplace.
Workers are protected from discrimination on a wide range of grounds, eg gender, sexual orientation, and age. See how to prevent discrimination and value diversity.
Business benefits of promoting diversity
Many successful businesses go much further and actively promote diversity in both their strategic and human resources policies. If you value everyone as an individual, research shows that diversity can help stimulate creative interaction, motivate employees, and improve business performance.
If you do not yet have an equality and diversity policy in place, you could find it a useful management and recruitment tool. It should:
- explain your business' stance on diversity
- show how you intend to achieve a diverse working environment
- describe how managers and staff can participate in the business's commitment to diversity both within and outside the organisation
It's therefore important that workers contribute to the policy-making process. You can do this by asking them for their views on, for example:
- promoting good relationships in the workplace between individuals, managers, teams, and employers
- treating all workers fairly
- valuing and respecting differences
- understanding workers' needs to balance work and family commitments
- how to communicate with individuals through formal and informal communication channels
Equality guidance for small businesses
The Equality Commission supports businesses and helps to promote good practice in equality, diversity, and inclusion. Read the Equality Commission guidance for small businesses.
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Health and safety workplace policies
Legal obligations and best practices when writing health and safety policies.
If you have five or more employees, you must by law have a written health and safety policy. The health and safety policy should set out:
- your general approach and objectives in relation to health and safety
- the arrangements you have in place for managing health and safety in your business
However, good health and safety practice means that you should not only have such a policy but also manage it in a way that benefits your business, workers, clients, and local community.
Write a health and safety policy for your business.
Read Health and Safety Executive for Northern Ireland (HSENI) guidance on health and safety.
Policies to promote staff well-being
To promote the health and well-being of your staff, you also might want to consider policies on specific health-related issues, such as:
- stress at work - see how to deal with stress
- smoking, drugs, and alcohol - see workplace policies on smoking, drugs, and alcohol
To back up your health and safety policies, you may decide to introduce a range of facilities promoting good health amongst your workforce, eg gym access deals (dependant on gym contract terms), advice on how to give up smoking, alcohol or drugs counselling, and routine health check-ups.
The benefits for your business can include the improved overall health of your workers, and improved morale and productivity. See what you need to do about health and safety.
Consultation on health and safety matters
You're required by law to consult your employees on health and safety issues in the workplace and to make them aware of what's in your policy. See how to provide health and safety training and information.
However, you may decide to encourage them to get involved more fully in the process. This could involve devising safety rules, as well as giving useful feedback on how effectively policies are working.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
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Disciplinary, grievance, bullying and harassment policies
The legal requirement to have written workplace disciplinary and grievance policies.
You are required by law to set out your disciplinary rules and disciplinary and grievance procedures, in writing.
It's also common for employers to have a separate bullying and harassment policy for their workplace.
Discipline and grievance policies
You must tell each employee about:
- your disciplinary rules
- your disciplinary/dismissal and grievance procedure
- the name of the person to whom they should appeal if they are unhappy about a disciplinary or dismissal decision, or to seek redress for a grievance
This information can be included in the employee's written statement or the written statement may refer the employee to a document where they can read it, eg in a staff handbook - see Invest Northern Ireland Employers' Handbook.
If you fail to issue this information in writing, and one of your employees makes an industrial tribunal case against you and wins, you may have to pay up to four weeks' wages on top of any other compensation the tribunal may award.
It's important that your disciplinary rules give examples of the types of behaviour that qualify as gross misconduct, eg fighting, bullying, and stealing. If you find that an employee has committed an act of gross misconduct, you could be entitled to dismiss them summarily without notice or pay in lieu of notice. You should ensure that you comply with the statutory dismissal procedures and the LRA Code of Practice on Discipline and Grievance even when dismissing for gross misconduct.
Read more on disciplinary procedures, hearings, and appeals, handling grievances, and dismissing employees.
To access templates that you can download, tailor, and use, see grievance and disciplinary procedures and templates.
Employment document toolkit
If you require further help with drawing up your disciplinary and grievance policies, the Labour Relations Agency (LRA) has a free employment document toolkit. Once you have registered you can get access to their free core employment guides to help you build documents, policies, and procedures for your own organisation.
Bullying and harassment policies
Bullying and harassment are conduct issues and therefore would normally fall under your disciplinary policy. However, many employers have a separate bullying and harassment policy given that such behaviour:
- needs dealing with sensitively
- can amount to gross misconduct
- may involve unlawful discrimination
There is no legislation that is specifically designed to address workplace bullying. However, bullying can be successfully challenged through existing legislation, ie civil, criminal, and employment law.
You have a legal duty to protect the health and safety of your workers. Bullying can also lead to a breakdown in trust and confidence between you and the alleged victim, leading to the employee resigning and claiming constructive dismissal.
Sexual harassment and harassment on the grounds of sex, disability, race, sexual orientation, religion/belief, and age are unlawful. Even if a worker harasses a colleague, the victim can make a discrimination claim against you.
You should have a clear policy on bullying and harassment so that staff understands that it's unacceptable. The policy should also include a procedure for dealing with claims of harassment or bullying should they arise.
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Workplace policies to help you protect your assets
Policies that should help to protect your physical property, intellectual property, branding, reputation, and image.
It makes good business sense to have workplace policies on issues such as:
- intellectual property
- confidentiality
- social media usage
- use of company facilities
- dress and appearance
- whistleblowing
- the right to search
These help you protect both your tangible and intangible business assets, which, once lost, may be difficult to regain.
Policies on intellectual property protection and confidentiality
If you design products or create other original output, eg music or printed matter, it is important to protect your intellectual property.
Therefore you need a workplace policy that states that:
- any original product or material developed in the course of an employee's work remains the property of the business
- employees have a duty to keep company information confidential
If you intend to rely on any kind of penalty clauses, you should always seek legal advice.
Read more on protecting intellectual property.
Social media workplace policy
The use of social media at work presents responsibilities regarding employees using various sites. Having a written social media policy for your business provides clear guidelines for employees.
Read more on managing employee use of social media. Read the Labour Relations Agency's advice on social media and the employment relationship.
Policies on dress and appearance
You are entitled to set out a code covering how you expect employees to dress and generally present themselves. This is particularly important where there are health and safety issues involved, eg in factories, building sites, or kitchens.
However, you must ensure that these codes are non-discriminatory, particularly in relation to gender and religion/belief. Read the Fair Employment Code of Practice from the Equality Commission.
Policy on the use of company facilities
It's a good idea to set up clear policies about the use of company facilities. In particular, you should have a policy on the use of the internet, email, and telephone.
Most email and internet policies aim to strike a balance between business and personal use. Setting out boundaries will help to minimise the risk of:
- having to take disciplinary action against staff
- a third party taking legal action against you
- harm to your IT system
- leakage of confidential information
In addition, if you intend to monitor staff usage of company facilities then you should carry out an impact assessment in advance of this.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
Read more on monitoring and security of staff.
Whistleblowing policies
It is a good idea to have a policy on making protected disclosures - or 'whistleblowing'. This is because it will encourage workers to raise concerns about illegal activities and bad business practices internally - and prevent your business from receiving negative publicity.
Note that you do not need to treat the making of a protected disclosure as a grievance unless:
- the disclosure relates to a matter that the employee could raise as a grievance with you
- the employee intends for the disclosure to constitute the raising of a grievance
Read more on whistleblowing - qualifying disclosures.
Also see discipline, grievance, bullying, and harassment policies.
Right-to-search policies
You may only search an employee if this is allowed under their terms and conditions of employment.
Therefore, if you have a right-to-search policy, you should state that it is contractual. It is also important to remember that you should get an employee's consent before conducting a search.
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Anti-bribery policies
How to set up anti-bribery policies, and when your business may require them.
Your business may need to have a procedure in place to prevent acts of bribery.
You will only need such a procedure if - following an assessment - there is a risk that an agent, subsidiary or other person performing services for your business might carry out such acts.
Under UK law, there is a general offence of bribery, and of bribing a foreign official. Bribery is defined as giving someone financial or other advantages to induce them to perform their functions or activities improperly or to reward them for having already done so.
In addition, there is an offence relating to failure by a business to prevent a person associated with it from committing the above offences on its behalf in order to win business, keep business or gain a business advantage for the organisation.
You will have a statutory defence to the last of these offences if your business has adequate procedures in place to prevent bribery on your behalf.
Preventing bribery
To prevent bribery - and have a defence in case a charge of bribery is made against you - you should:
- assess whether your business is at risk and, if so, the level of that risk
- have an anti-bribery policy in place containing procedures proportionate to the risk you have identified, the scope and size of your business, and the country/countries in which you do business
- use due diligence to assess who you are dealing with and who you appoint to represent you
- communicate, train and raise awareness among employees and business partners
- monitor and review your procedures
Anti-bribery policy
Your anti-bribery policy should:
- include a clear prohibition of the offer, gift or acceptance of bribes
- detail the procedures that should be followed during business transactions
- give guidance on the provision of gifts, hospitality or expenses that may influence the outcome of business transactions
- provide guidance on political and charitable donations, including a prohibition of the payment of donations to political parties or charities that are directly linked to obtaining new business or gaining a business advantage
- require that any donations made in good faith are publicly disclosed
Note that the following are not considered acts of bribery:
- providing genuine business hospitality
- carrying out proportionate and reasonable promotional activities
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Training and performance management policies
Implement training policies and appraisal systems to encourage and develop the skills of your employees.
Having a training policy in place will enable you to plug any skills shortages in your workplace. This is beneficial to employees and will also have a positive impact on business performance.
A training policy can be implemented to allow employees to perform their current role more effectively or support them through a change in role.
You should ensure that your training policy is appropriate. This can be achieved by assessing whether it fits with your business plan and through discussions with employees, eg you may decide to offer training in-house for specific tasks, general company guidance for new starters, or refresher training for existing employees. Develop a staff training plan.
Performance management
Implementing an appraisal system is another way of improving your business performance. It represents a good opportunity to discuss with individual employees both their strengths and weaknesses, areas for development, and agree on new aims and objectives with them.
Businesses commonly carry out appraisals within a few months of a new employee starting or changing role within the business. For established employees, you may decide to use the appraisal system once or twice per year.
Some of the benefits of having appraisal-related performance targets are that employees understand what is expected of them and how these fit into the wider aims of the business. Targets are also a way of gaining useful feedback and ideas on how your business can be more effective in the future. Read more on managing staff performance.
To access templates that you can download, tailor and use, see performance management and staff training templates.
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Pay, rewards and benefits policies
Setting the right pay rates for your employees and establishing policies around rewards and benefits.
Pay is a key aspect of your relationship with your employees. Setting the right pay rates for your business will likely take into account your need to attract talented employees and retain those that you have already. Above all, pay rewards should be fair, and the process transparent. See how to set the right pay rates.
You may decide to implement a results-related pay system, such as commission or bonuses. These are provided by your business in addition to basic pay and can be used to reward employees who perform at a high level:
- commission is calculated based on the performance of an individual or a team
- bonuses may be connected to the performance of the entire business
Depending on the sector in which your business operates, eg in the catering trade, setting up a tips and gratuities system may be more appropriate. There are some circumstances when tips and gratuities can count towards the national minimum wage. See guidance on tips at work. For further advice on this, you may wish to contact HMRC.
You should be aware that there are certain types of business expenses that are tax deductible and others that are not. They may need to be disclosed to the relevant authorities. Read more on expenses and benefits.
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Managing personal relationships at work
Issues to consider on intimate personal or family relationships in the workplace.
Many personal relationships begin with people meeting at work, and many of these lead to long-term partnerships. This should not be viewed as a problem in itself, but it's important to recognise that relationships at work can cause a number of issues for both employers and the workforce.
Why have a workplace relationships policy?
Any employment policy about relationships at work is intended to ensure that staff don't commit - and are not open to allegations of acts of:
- inappropriate behaviour, including harassment
- favouritism
- abuse of authority
- conflict of interest
It is also intended to ensure that all employees feel confident of fair and consistent treatment without the fear that a relationship will influence their or other employees' treatment or wider working relationships.
Depending on the size of your business, you may also want to extend the policy to cover other types of relationships, such as those between relatives or family members.
Some companies go so far as to specify in employment contracts that employees can't form an intimate relationship with someone they work with, although this is probably unnecessary in most workplaces.
What types of relationships would a policy cover?
For the purposes of creating a policy, 'intimate relationships' or 'close personal or family relationships' apply to those relationships between people in the same team or department, or between a line manager and one of their team that could potentially be problematic. It does not refer to a straightforward friendship between colleagues.
Issues that could arise include the following:
- If one of the couple is the other's manager, what happens if disciplinary action has to be taken against the employee? Who will do the employee appraisals or performance reviews?
- Does either of the couple have any financial responsibilities, such as authorising expense claims or overtime payments, or deciding pay rates or increases?
- What happens when the employee applies for a post for which the manager would be conducting the interviews? Or when someone related to an existing employee applies for a job? (Conflicts of interest should, where possible, be avoided. This would minimise tribunal risks.)
General policy on relationships at work: what might it cover?
If you choose to have a policy about personal relationships at work, it should clarify the behaviour you expect from employees, eg that the relationship shouldn't affect their work and that there should be no favouritism or preferential treatment, particularly where one employee is more senior than the other.
You may wish to include guidance on what to do if an employee involved in recruitment is aware that a partner, relative, or even a close friend has applied for a job. You could state that they should declare this at the earliest opportunity.
Depending on the position and the employee's own role, you should consider:
- any potential conflict of interest
- how an appointment might affect the working environment
- any resulting risks that the relationship might cause
- what steps could be taken to address these matters
Remember that it can be a positive thing to have friends and family working together, as well as considering the potential risks.
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Writing and communicating staff policies
How to create staff policies and communicate them to your staff.
When writing staff policies the main steps are:
- Preparing - collecting information (anonymous staff views can be sought via a survey or series of surveys), opinions, and examining the options. Policies are more likely to be accepted if staff are involved in drawing them up. Involve unions, especially if you have collective agreements that specify they should be consulted, or existing elected employee representatives. Alternatively, set up a joint working group.
- Developing - policies should suit the specific needs of the business.
- Implementing - inform staff and provide training.
- Reviewing - this is to check that the policy is being used and is not damaging the business.
Check that your workplace policies are not unlawfully discriminatory, eg in relation to pay or dress/appearance.
Employment document toolkit
If in doubt, or if you require additional help with drawing up your employment documentation, the Labour Relations Agency (LRA) has a free employment document toolkit. Once registered you can access their free core employment guides to help you build documents, policies, and procedures for your own organisation. Find out about the free employment document toolkit.
How should policies be communicated to staff?
You could inform your staff of workplace policies by:
- displaying them on noticeboards where staff can easily read them
- adding details of them to the company network or intranet
- communicating in presentations
- including in a staff handbook
- including in a collective agreement with a union
- emailing details of your policies to staff
- sending as a written letter to the staff
- consider including any new policy as an item on team meeting agendas
- including in a staff induction programme
Making changes to workplace policies
If you wish to make a change to a policy, you will need the employee to agree to the changes, unless their contract allows you to make such variations without such agreement (typically terms in relation to working hours, place of work, and duties).
If you fail to get employees' agreement, they may be entitled to sue for breach of contract, or resign and claim constructive dismissal. Ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
Introducing new workplace policies
If you are planning to introduce a new policy in your workplace, you should consider the following:
- What is the purpose of the policy?
- Have you consulted with managers, workers, and their representatives?
- Has someone been given overall responsibility for the policy?
- How are you going to communicate the policy to all workers?
- Have you given workers enough notice about the new policy?
- Have you thought through the potential cost of the policy?
- Does the policy change anyone's employment contract?
- How are you going to monitor and maintain the policy?
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Responsibilities of home workers
In this guide:
- Employees working from home
- Advantages and disadvantages of employees working at home
- Types of work and skills suited to home working
- Employment contracts and working from home
- Providing equipment for employees who work at home
- Effectively manage employees who work from home
- Your health and safety obligations towards home workers
- How technology can facilitate working from home
- Responsibilities of home workers
- Hybrid working: employer guidance
- Managing employees working from home: seven top tips
Advantages and disadvantages of employees working at home
Key advantages and disadvantages of home working - from productivity boosts to problems monitoring performance.
Home working opens up a new range of possibilities for the way businesses can work and structure themselves. The outbreak of the coronavirus (COVID-19) pandemic in March 2020, gave employers and employees a practical insight into home working as commercial premises had to shut down in response to the government's requirements to protect public health.
Before the coronavirus pandemic, working from home was on the increase as many employers identified the benefits that it can bring to their business and the improved work-life balance for their employees. Even if you don't think working from home would be beneficial for your business, employees with 26 weeks of service have a statutory right to request flexible-working arrangements such as home working and you, as an employer, have to seriously consider such requests.
Advantages of employees working from home
With increasing numbers of employees working at home - or using home as a working base for at least part of the week - it's clear there are a number of benefits for business, such as:
Flexibility and agility
Home working enables more agility and flexibility in working arrangements. With employees no longer tied to an office, they may be better placed and more willing to work flexible hours such as earlier or later in the day or even at weekends. This may help you meet certain business needs eg if you are trading with customers residing in a different time zone.
Improved employee retention
Home working can help retain employees as the flexibility of home working can help them meet childcare needs, reduce their commute, and enable them to fit their work around their personal lives. Being allowed to work from home, staff will also feel increased levels of trust from their employer, which can contribute greatly to staff loyalty.
Attract new talent
Home working can be offered as an incentive to come and work for you helping you to attract new talent to your business. Even just offering the option to work from home will give you an advantage in the job market over competitors that don't offer home working as an option to their staff.
Increased productivity
Due to fewer interruptions, which would normally occur in an office environment. By contrast, working from home allows for a quieter environment that can facilitate more focused work. You may also find that some employees may wish to increase their paid contractual hours as they save time that was previously spent commuting to and from the workplace.
Increased staff motivation
By working from home staff will feel more trusted by their employer as the working relationship isn't as closely monitored and employees are allowed a degree of autonomy to get on with their work. Staff will also be happier developing a home working routine that suits them better and this can contribute towards them feeling more motivated to give their best.
Improved staff health and wellbeing
Working from home eliminates the need for a commute to work which can be stressful for your employees. Time savings such as this also enable staff to get extra health benefits such as additional sleep, spending more time with family, exercising, or preparing healthier meals.
Financial benefits
Savings on office space, office supplies, utility bills, and other facilities. Staff may also be able to take advantage of the tax relief available from HM Revenue & Customs (HMRC) for working from home - see claim tax relief for your job expenses - working from home.
Convenience
You may have staff that do a lot of visits to customer locations and are therefore not regularly in the office. Allowing them to base themselves from home may be more convenient and leads to further time and cost savings.
Better work/life balance
Working from home can help employees improve their work-life balance eg staff that would have had to commute will now be able to use that time for themselves giving the basis for a better work-life balance. Staff are also able to fit in household chores around their working day giving them more free time in the evenings eg loading or unloading the dishwasher or preparing dinner on their lunch break.
Technology makes it easier
The internet has made it possible for staff to be continually connected to the office. Tools such as Skype have made communication between colleagues and teams much easier and at times can lead to more efficient and effective meetings.
Lower sickness absences
Staff are more likely to feel happier and more energised working from home and therefore less chance of their immune system is negatively impacted by burnout. Also, the fact that employees are working in isolation there is less chance of infections spreading as would be the case within an office environment.
Disadvantages of employees working from home
Though there are some disadvantages to employees working from home, most of these relate to those working from home for all, as opposed to part, of their working week:
Working from home doesn't suit everyone
Working from home might not be suited to everyone's personality or ability. Some employees might prefer the routine and structure that working in an office environment provides them. Some staff may prefer personal interaction with colleagues and also find face-to-face guidance with their manager extremely beneficial in helping them complete tasks and achieve their goals. You also need to be mindful of employees with a disability. Working from home may have a negative impact on the support they need to do their job. Working from home may also not fit in with everyone's home life eg some people may have young children that may be unaware of boundaries and cause interruptions during the working day. Others may not have the physical space required to create a suitable dedicated working area.
Staff feeling isolated
Individuals working from home may feel a disconnect from their colleagues and organisation as a whole that an office environment naturally allows. To address this issue employers could ensure that communication is more regular. So by scheduling quick catch-ups by phone or regular team meetings through other technologies like Teams, Skype, or Zoom, staff are given more opportunities to feel involved and part of the team. More informal and social catch-ups would also help counteract any feelings of isolation.
Difficulty monitoring performance
There could be difficulty managing home workers and monitoring their performance. Different personalities may also respond to monitoring with varying degrees of positivity. You could look at setting goals and targets with workers that are easily measured so that if their targets aren't being met you can identify and remedy any performance issues at an early stage. See managing staff performance and effectively manage employees who work from home.
Home distractions
Although home working removes the distractions that may occur in the office if a worker doesn't have a suitably quiet dedicated working space at home they may get easily distracted by household noises or other members of their household.
Potential burnout
Where an office provides a clear physical distinction between work and home life, working at home can lead to staff struggling to differentiate between work life and home life. This may lead to employees finding it difficult to know how to switch off from work leading to longer hours, increased stress, and inevitable burnout. Employers should encourage their staff to take regular breaks and remind them of the importance of taking their leave.
Cost of working from home
Initial costs of training and providing suitable equipment such as laptops, mobile phones, and other IT equipment. You will also have to consider adaptations to meet health and safety standards.
Problems with staff development
You may find that not having staff in close physical proximity leads to difficulty in maintaining staff development and upgrading skills. However, you could encourage staff to take the opportunity to learn new skills through online events and courses. To get started search for events on our Events Finder.
​​​​​​​​​​​​​​Information security risk
Information security problems could be more likely to occur when staff are working from home. There is increased risk with laptops being taken home and the need for staff to access servers remotely. Employers should ensure they put measures in place to protect company data by installing encryption software and remote-wipe apps if mobile devices provided by you go missing. Virtual private networks also encrypt your data and provide secure access to a remote computer over the internet. This helps keep your files and data secure yet accessible to your staff. See IT security and risks.
Negative impact on mental health
The switch to working from home may have a negative impact on your worker’s mental health if they are unable to find a routine that works for them, are struggling to separate work and home life, or are feeling isolated. To help you can encourage your employees to develop a working routine, set up a dedicated work space, and set boundaries for other household members. Create more opportunities for staff to stay connected by communicating through regular chats and team catch-ups. Eating healthily and taking regular exercise can also help improve mental health especially when woven into a regular routine. See simple tips to tackle working from home from the NHS.
Decreased staff morale
It can be harder to maintain team spirit when employees are working at home on their own.
Not all jobs suit home working
Working from home suits some jobs better than others. Equally, working from home suits some personality types but not others. Some people may prefer colleague contact by face-to-face communication.
Poor broadband speeds
You should be mindful that depending on where your staff live they may not be able to access broadband speeds that enable them to do their job effectively eg rural broadband is often very slow.
The coronavirus pandemic gave some employers, who may not have otherwise considered working from home an option for staff, a practical insight into how it affects their business and employees. It has enabled employers to have first-hand experience of the advantages and disadvantages of home working. This experience can be very beneficial in helping employers determine the future direction of working practices that will benefit their business.
For further information see the Labour Relation Agency's (LRA) practical guide to working from home: COVID-19 and beyond.
Hybrid working approach
A shift towards home working doesn't mean employees have to work only at home. Often splitting time between home, or other remote locations and the workplace is the most productive solution. You may want your staff to provide feedback on their working from home experience to get them involved in the process of developing a hybrid working policy.
For further guidance see hybrid working: employer guidance and the LRA's practical guide to hybrid working.
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Types of work and skills suited to home working
Types of job that are well-matched for home working and the skills employees will need.
When weighing up whether to let an employee work from home, you should consider the nature of their job.
Jobs suited to home working
Some types of work are particularly suited to home working. For example:
- telesales and marketing
- customer service
- consultancy and professional services, such as accountancy or HR administration
- writing, editing, research and translation
- some types of administrative work
Skills employees need to work at home
You also need to consider whether employees themselves are suited to working away from your base. They're likely to need skills in a number of key areas:
- time management and self-discipline
- motivation
- self-sufficiency
- communication
- technology
Home working isn't for everyone. Bear in mind that if you allow one person to do it, you may be setting a precedent that others will want to follow, so it's best to have a clear idea from the start of how home working could fit the needs of your business. You should establish fair criteria for home working as this will minimise any discrimination risk.
Remember, too, that in some cases you're legally obliged to seriously consider requests for working from home. Employees with 26 weeks' service can request a range of flexible working patterns from their employers - including the right to work from home.
Read more on flexible working: the law and best practice.
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Employment contracts and working from home
How the written statement of terms and conditions may need to be amended when implementing homeworking.
An employee's place of work is stated in the written statement of their terms and conditions of employment.
When an employee starts working from or at home, it may be necessary to amend the written statement as a result.
You must follow set procedures when changing an employment contract.
See how to change an employee's terms of employment.
Working from home arrangements during the coronavirus pandemic
The working from home arrangements that were in place during the COVID-19 pandemic were not normally considered to be permanent variations to the contract but post pandemic it may be mutually beneficial for it to become the new normal working arrangement and so it may suit both employer and employee for it to remain in place. See the Labour Relations Agency's (LRA) guide on flexible working.
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Providing equipment for employees who work at home
Your responsibilities for the equipment and furniture home workers use in carrying out their work.
As an employer you're likely to be responsible for providing, installing, and maintaining all equipment unless the employee uses their own.
Equipment you need to provide may include:
- workstation, including a suitable desk and chair
- filing cabinet, drawers, and shelving
- computer, laptop, or tablet with office software, anti-virus software, email, and broadband internet connection
- printer
- stationery and office supplies
Advances in technology allow you to create virtual teams where employees work together despite working from home.
IT equipment can be expensive, so make sure it is compatible with your existing systems and meets a genuine business need.
Read more on how technology can facilitate working from home.
Remember that you still have health and safety responsibilities for people who work at or from home. Read about your health and safety obligations towards home workers.
Insurance and rates
You'll probably need to extend your business insurance to cover equipment used by employees in their homes. The employee's home insurance policy is unlikely to cover this. They should check with their insurer to make sure they're covered for working at home.
It's also worth mentioning to potential home workers that if they use part of their home exclusively for work, they may have to pay business rates for that portion of their home. It's a good idea to get them to check the position with Land & Property Services. See how to use your home as a workplace.
You also need to ensure that employees take care of business equipment and information in their possession. Employers must ensure that data protection principles are adhered to eg establish procedures to be followed in terms of the storage and security of information and what to do if any item is damaged or lost.
Taxation
This can be complicated and worth getting specific guidance from HM Revenue & Customs in respect of liabilities and set-offs. See expenses and benefits: homeworking.
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Effectively manage employees who work from home
What you can do to make home working a success - performance monitoring, training, communication, and feedback.
Working from home can bring a wide range of benefits for both businesses and employees, but it needs to be properly managed to be successful.
Monitoring performance
Monitoring and assessing the performance of people who work at home is perhaps the most significant managerial challenge. It can be helpful to measure their effectiveness in terms of their output rather than the hours they work.
Agree on set goals and deadlines for particular tasks. Keep a close eye on how well the targets are being met and give feedback promptly and sensitively if things go wrong.
Staff training
Training can prepare employees and help them develop the skills they need. This might include:
- self-management skills, eg in time management
- general skills, eg in using IT more effectively or writing reports
- job-specific skills
Encouraging communication
For staff who work alone, a sense of isolation is one of the factors most likely to make home working fail. As a result, it's important to put formal systems in place to ensure people feel part of the team. For example:
- frequent two-way feedback sessions about work and work-related issues
- regular scheduled visits to the workplace
- inclusion in social activities
- clear procedures to follow and people to contact if things go wrong
If an employee's job is home-based from the start, it's a good idea to carry out their induction at your premises. Home workers are more likely to be focused and productive if they have a chance to establish a clear idea of the people and company they're working for.
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Your health and safety obligations towards home workers
Key health and safety duties towards home workers - from risk assessments to ensuring equipment is suitable.
As an employer you have the same responsibilities for ensuring the health and safety of home workers as you would for staff based at your premises. Your duties are likely to include:
- carrying out a health and safety risk assessment - see managing the risks in your business
- purchasing compulsory employers' liability insurance if you don't already have it - see liability insurance
- ensuring equipment is fit for its purpose
- testing, certifying and maintaining electrical equipment provided by the business
- ensuring computers can be used comfortably and without disturbing glare, see how to ensure your employees are operating computers safely
- making sure lighting levels are appropriate
- avoiding trailing cables to reduce the risks of trips and falls
- ensuring staff are suitably trained to work safely
- keeping records of, and if necessary reporting, any serious accidents, illnesses, or injuries experienced by home workers
Remember, too, that employees who use computers regularly - including home workers - are entitled to an eye test paid for by their employer.
Home workers must take reasonable care of their health and safety, as well as that of other people such as family members, neighbours, and visitors. They must also ensure they use work equipment correctly.
During the coronavirus pandemic, it was unlikely that the employer would have been able to carry out the usual health and safety risk assessments at the employee's home. However, the employer should ensure that:
- the employee feels the work they're being asked to do at home can be done safely
- the employee has the right equipment to work safely
- the line manager maintains regular contact with the employee, including making sure they don't feel isolated
- reasonable adjustments are made for an employee who has a disability
The employee should also keep in regular contact with their line manager about health and safety risks and homeworking arrangements that need to change.
For information on your business's health and safety duties, see what you need to do about health and safety.
See the Health & Safety Executive (HSE) guidance on managing home workers' health and safety.
If you have employees who use their home as a base and generally don't work from your premises, you may have additional health and safety responsibilities to them. See how to ensure the safety of lone workers.
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How technology can facilitate working from home
Using IT to facilitate homeworking - phones, broadband, extranets, virtual private networks, and security issues.
You'll need to keep in touch with employees who work at home. At the very least, you should consider installing a dedicated work phone at the employee's home or provide them with a mobile phone.
This makes it easier to work out billing arrangements and, as you won't need to see the employee's phone bill, preserves their privacy.
Broadband internet connections have made emailing colleagues and business contacts and sharing documents quick and easy.
Virtual teamwork
With virtual teamworking, your employees do not need to be working in the same place, or even at the same time, in order to work together. Consider the following options:
Different time, different place
Employees work separately and keep in touch with you and each other via email.
Same time, different place
Employees can communicate with each other in real-time through telephone conference calls, video-conferencing, or using instant messaging.
Different time, same place
Employees can access your business network or databases by connecting to an intranet or extranet. A virtual private network is a more secure, but expensive, way of doing this.
Same time, same place
Even working from home, your employees will still need to meet face-to-face occasionally. Email and electronic diaries allow you to arrange meetings and transfer documents, while wireless technology allows you to meet anywhere.
Any time, any place
Mobile phones and laptop computers with wireless internet access mean that your employees are always accessible and can work wherever they are. Read more on mobile technology.
Data security
There are important security issues. For example, data security could be compromised if employees working from home use their work computers for personal purposes. It's best to provide staff with a computer and make it clear that it's for business use only.
Install anti-virus and firewall software on users' PCs and use passwords to control access to their computers and to your network. Make sure home workers have read and understood your IT policies and know their information security responsibilities.
Employees who deal with sensitive information should be particularly careful about:
- Keeping equipment at home - they should make sure that their premises are properly secured.
- Transporting equipment from one place to another - items should never be left unattended in a public place.
- Using public internet access - public computers can store information that has been entered.
- Working in a public place such as a train - information on a laptop screen could be seen by others.
- Destroying data that is no longer required - eg a cross-cut shredder should be used to dispose of sensitive papers.
Read NCSC's guidance on home working: preparing your organisation and staff.
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Responsibilities of home workers
Ensuring staff understand their duties to keep homeworking legal and safe.
Employees who work from home have a number of key responsibilities.
They should:
- check whether there are any restrictions on home working within the terms of their lease, mortgage, or tenancy agreement for the property
- keep their insurance company informed about the new use of their home
- check if planning permission will be required and apply for it if necessary, though this is unlikely to be the case for a home office
- check if business rates are payable on the part of the property used for work
- ensure their own health and safety and the safety of anyone visiting or living in their home who could be affected by their work
- ensure that they keep sensitive information safe and secure, eg by destroying data securely when they have finished with it
Employees should also be aware that if they set aside a room to work in that has no domestic purpose, they may be liable for business rates on that part of the property or capital gains tax if the property is sold.
Read more on how to use your home as a workplace.
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Hybrid working: employer guidance
How employers can get the most of staff using a mix of working at home or remotely and also in the workplace.
Hybrid working is a form of flexible working where staff spend part of their week working from home or remotely with the rest of their working time spent based in the workplace.
Employers can implement hybrid working for their organisation in different ways. For example, some employers might suggest that all staff come into the workplace two or three days a week and spend the other days working from home. These specific days could be set by the employer or left to individuals to determine themselves.
Benefits of hybrid working
Hybrid working can bring together the benefits that staff experience when working from home, such as fewer distractions and increased productivity, and combine these with the advantages of working in a shared location, such as feeling part of a team and collaborating with greater ease.
Advantages that hybrid working can bring include:
- more flexibility as you can develop hybrid working patterns that suit the needs of the business
- increased staff productivity and motivation
- higher levels of trust and engagement, especially if staff are involved in determining their own hybrid working patterns
- increased job satisfaction means you are more likely to retain staff
- attract new talent – many recruits now expect to be offered the opportunity to work from home in some capacity
- more opportunities for collaboration between teams on the days people are in the office together
- helps support inclusion and diversity
- better staff wellbeing with decreased feelings of isolation and improved mental health for staff with more opportunities for social interaction
- better connection between managers and staff as days in the office offer opportunities for face-to-face engagement
- improved work-life balance for staff
- savings on office space and facilities costs
- improved team availability with staff given the flexibility to connect remotely if they can't make a physical meeting
What to consider when introducing hybrid working
To get the maximum benefit from hybrid working, you should examine:
Organisation goals
Consider what your organisation’s objectives are and how hybrid working could support you in achieving your targets.
Customer needs
How are your customers’ needs met? Can their requirements be delivered online, or is there a need for physical interaction with customers?
Getting the best out of your staff
Determine the type of hybrid working model that will support staff wellbeing and give them the platform to be motivated and productive in their job. The use of SMART targets that are specific, measurable, achievable, realistic, and time-bound will give your staff a clear understanding of what is required of them. In addition, SMART targets enable managers to identify if employees are meeting their targets, and if not, identifying issues at an early stage to provide support staff may need to meet their targets including adjusting the number of days they work in the office, for example, if they need face-to-face support and encouragement. see set business performance targets.
Attracting and retaining staff
You should consider the type of hybrid working that can help you to attract new talent and retain existing staff. Most job applicants like the opportunity to choose to work from home, so offering this as a benefit can give you a competitive advantage in the job market.
Days in the office
Establish why staff are required in the office on certain days and think about what you hope to achieve then. Is it to increase teamwork or collaboration on projects? Is it to maximise staff wellbeing and morale?
Working hours
Can your business’s operating hours be more flexible? For example, if you have customers in global locations, the remote working element of hybrid working enables you to adapt working hours to benefit customers in different time zones. Being flexible also offers staff the opportunity to determine working hours that best fit their work-life balance.
Flexible working requests
Address your legal requirements, including managing formal requests from staff for hybrid working through a flexible working policy. Employees could also request hybrid working as a reasonable adjustment under disability discrimination legislation.
Data protection duties
Securing sensitive data can be more challenging when employees divide their work time between home and the office. Create a policy outlining how to manage data in the workplace, at home, and when commuting between the two. Provide training to all staff on their data protection responsibilities. Read the Information Commissioner’s Office guidance on data protection and working from home.
Health and safety responsibilities
Employers must ensure the health, safety, and wellbeing of their staff when working from home and in the workplace. Employers have a duty of care and must carry out a health and safety risk assessment for all staff.
IT requirements
You will need to ensure staff can access the technology required to work at home, remotely, and in the workplace with minimal technical issues. IT security will also be a priority, as staff will be connecting to your organisation’s systems remotely.
Tax issues
Make your staff aware that they may be able to claim relief for additional household costs if they have to work at home for all or part of the week. See claim tax relief for your job expenses if working from home.
How to introduce hybrid working
When introducing hybrid working, you should take on board the needs of your staff. Take time to engage with staff and their representatives to get their input and effectively communicate your plans with them at each step of the process. This approach will maximise staff buy-in and develop high levels of trust when introducing hybrid working.
Requiring all staff to come into the workplace on set days each week could be counterproductive if staff resent employers stipulating which days they have to be in the workplace. A fixed-day approach also restricts the flexibility that hybrid working offers employers and their workforce. Giving staff the autonomy to select how many days and on which days they come into the office passes responsibility to your workforce. This approach can gain employee buy-in and establish a platform for building trust. It also sets a better work-life balance that could help maximise staff motivation, loyalty, and productivity.
Hybrid working policy
Whichever way you introduce hybrid working, you should communicate your decision clearly to all staff with details on how it works from a practical point of view. For example, you may want to outline scenarios that may impact the hybrid working approach such as when leave such as holidays or sick leave is taken. Ensure you treat all staff fairly when implementing hybrid working. It is good practice to develop a hybrid working policy.
You should be aware that many staff have been working from home full-time for a period due to the coronavirus, so some staff may be anxious about returning to the workplace, if they haven't already done so. Support staff on the return to the workplace and offer training to help employees at all levels in the organisation get the most from hybrid working.
It is a good idea to trial hybrid working; review its progress after a certain period, and then, if required, make changes that will help you maximise the benefits it can bring to your organisation and your staff. Ensure you consult with your employees and their representatives if you make any changes.
Further guidance including a sample policy on hybrid working
You can read further guidance on introducing hybrid working and access a sample hybrid working policy in the Labour Relation Agency’s practical guide to hybrid working.
Read the Chartered Institute of Personnel and Development guidance on planning for hybrid working.
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Managing employees working from home: seven top tips
The following top tips highlight key issues you should be aware of if you are considering home working as a possibility for your business.
Allowing staff to work from home on either a full or part-time basis can bring a range of business benefits, including greater staff motivation and increased productivity.
The following top tips highlight key issues you should be aware of if you are considering home working as a possibility for your business.
1. Consider an employee's job and skills
When deciding whether to let an employee work from home, you should consider if the job is suited to home working. For example, telemarketing and writing could be particularly suited to home working. The employee is also likely to need skills in a number of key areas including communication and time management. See types of work and skills suited to home working.
2. Be aware of legal requirements
When an employee starts working from home, it may be necessary to amend their written statement of their terms and conditions of employment. See employment contracts and working from or at home. You will probably need to extend your business insurance to cover equipment used by employees in their homes. See providing equipment for employees who work at home.
3. Provide appropriate equipment
As an employer, you're likely to be responsible for providing, installing, and maintaining all equipment unless the employee uses their own. Equipment you need to provide may include a desk and chair, PC or laptop, and printer. See providing equipment for employees who work at home.
4. Encourage communication
For staff who work from home, a sense of isolation is one of the reasons that home working may fail. It's therefore important to put formal systems in place to ensure people feel part of the team. See effectively manage employees who work from home.
5. Train and monitor employees
Training can help employees working from home to develop the skills they need, for example, time management or writing reports. Monitoring employees' performance is also important to ensure targets are being met. See effectively manage employees who work from home.
6. Be aware of health and safety responsibilities
You have the same responsibilities for ensuring the health and safety of home workers as you would for staff based at your premises. Your duties are likely to include ensuring equipment is fit for purpose and that lighting levels are appropriate. See your health and safety obligations towards home workers.
7. Consider information security
You should ensure that employees adhere to data protection principles. For example, data security could be compromised if employees working from home use their work computers for personal purposes. You should make clear that the computer you provide is for business use only. You should also install anti-virus and firewall software, use passwords to control access to your network, and ensure workers have read your IT policies. See how technology can facilitate working from home.
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How technology can facilitate working from home
In this guide:
- Employees working from home
- Advantages and disadvantages of employees working at home
- Types of work and skills suited to home working
- Employment contracts and working from home
- Providing equipment for employees who work at home
- Effectively manage employees who work from home
- Your health and safety obligations towards home workers
- How technology can facilitate working from home
- Responsibilities of home workers
- Hybrid working: employer guidance
- Managing employees working from home: seven top tips
Advantages and disadvantages of employees working at home
Key advantages and disadvantages of home working - from productivity boosts to problems monitoring performance.
Home working opens up a new range of possibilities for the way businesses can work and structure themselves. The outbreak of the coronavirus (COVID-19) pandemic in March 2020, gave employers and employees a practical insight into home working as commercial premises had to shut down in response to the government's requirements to protect public health.
Before the coronavirus pandemic, working from home was on the increase as many employers identified the benefits that it can bring to their business and the improved work-life balance for their employees. Even if you don't think working from home would be beneficial for your business, employees with 26 weeks of service have a statutory right to request flexible-working arrangements such as home working and you, as an employer, have to seriously consider such requests.
Advantages of employees working from home
With increasing numbers of employees working at home - or using home as a working base for at least part of the week - it's clear there are a number of benefits for business, such as:
Flexibility and agility
Home working enables more agility and flexibility in working arrangements. With employees no longer tied to an office, they may be better placed and more willing to work flexible hours such as earlier or later in the day or even at weekends. This may help you meet certain business needs eg if you are trading with customers residing in a different time zone.
Improved employee retention
Home working can help retain employees as the flexibility of home working can help them meet childcare needs, reduce their commute, and enable them to fit their work around their personal lives. Being allowed to work from home, staff will also feel increased levels of trust from their employer, which can contribute greatly to staff loyalty.
Attract new talent
Home working can be offered as an incentive to come and work for you helping you to attract new talent to your business. Even just offering the option to work from home will give you an advantage in the job market over competitors that don't offer home working as an option to their staff.
Increased productivity
Due to fewer interruptions, which would normally occur in an office environment. By contrast, working from home allows for a quieter environment that can facilitate more focused work. You may also find that some employees may wish to increase their paid contractual hours as they save time that was previously spent commuting to and from the workplace.
Increased staff motivation
By working from home staff will feel more trusted by their employer as the working relationship isn't as closely monitored and employees are allowed a degree of autonomy to get on with their work. Staff will also be happier developing a home working routine that suits them better and this can contribute towards them feeling more motivated to give their best.
Improved staff health and wellbeing
Working from home eliminates the need for a commute to work which can be stressful for your employees. Time savings such as this also enable staff to get extra health benefits such as additional sleep, spending more time with family, exercising, or preparing healthier meals.
Financial benefits
Savings on office space, office supplies, utility bills, and other facilities. Staff may also be able to take advantage of the tax relief available from HM Revenue & Customs (HMRC) for working from home - see claim tax relief for your job expenses - working from home.
Convenience
You may have staff that do a lot of visits to customer locations and are therefore not regularly in the office. Allowing them to base themselves from home may be more convenient and leads to further time and cost savings.
Better work/life balance
Working from home can help employees improve their work-life balance eg staff that would have had to commute will now be able to use that time for themselves giving the basis for a better work-life balance. Staff are also able to fit in household chores around their working day giving them more free time in the evenings eg loading or unloading the dishwasher or preparing dinner on their lunch break.
Technology makes it easier
The internet has made it possible for staff to be continually connected to the office. Tools such as Skype have made communication between colleagues and teams much easier and at times can lead to more efficient and effective meetings.
Lower sickness absences
Staff are more likely to feel happier and more energised working from home and therefore less chance of their immune system is negatively impacted by burnout. Also, the fact that employees are working in isolation there is less chance of infections spreading as would be the case within an office environment.
Disadvantages of employees working from home
Though there are some disadvantages to employees working from home, most of these relate to those working from home for all, as opposed to part, of their working week:
Working from home doesn't suit everyone
Working from home might not be suited to everyone's personality or ability. Some employees might prefer the routine and structure that working in an office environment provides them. Some staff may prefer personal interaction with colleagues and also find face-to-face guidance with their manager extremely beneficial in helping them complete tasks and achieve their goals. You also need to be mindful of employees with a disability. Working from home may have a negative impact on the support they need to do their job. Working from home may also not fit in with everyone's home life eg some people may have young children that may be unaware of boundaries and cause interruptions during the working day. Others may not have the physical space required to create a suitable dedicated working area.
Staff feeling isolated
Individuals working from home may feel a disconnect from their colleagues and organisation as a whole that an office environment naturally allows. To address this issue employers could ensure that communication is more regular. So by scheduling quick catch-ups by phone or regular team meetings through other technologies like Teams, Skype, or Zoom, staff are given more opportunities to feel involved and part of the team. More informal and social catch-ups would also help counteract any feelings of isolation.
Difficulty monitoring performance
There could be difficulty managing home workers and monitoring their performance. Different personalities may also respond to monitoring with varying degrees of positivity. You could look at setting goals and targets with workers that are easily measured so that if their targets aren't being met you can identify and remedy any performance issues at an early stage. See managing staff performance and effectively manage employees who work from home.
Home distractions
Although home working removes the distractions that may occur in the office if a worker doesn't have a suitably quiet dedicated working space at home they may get easily distracted by household noises or other members of their household.
Potential burnout
Where an office provides a clear physical distinction between work and home life, working at home can lead to staff struggling to differentiate between work life and home life. This may lead to employees finding it difficult to know how to switch off from work leading to longer hours, increased stress, and inevitable burnout. Employers should encourage their staff to take regular breaks and remind them of the importance of taking their leave.
Cost of working from home
Initial costs of training and providing suitable equipment such as laptops, mobile phones, and other IT equipment. You will also have to consider adaptations to meet health and safety standards.
Problems with staff development
You may find that not having staff in close physical proximity leads to difficulty in maintaining staff development and upgrading skills. However, you could encourage staff to take the opportunity to learn new skills through online events and courses. To get started search for events on our Events Finder.
​​​​​​​​​​​​​​Information security risk
Information security problems could be more likely to occur when staff are working from home. There is increased risk with laptops being taken home and the need for staff to access servers remotely. Employers should ensure they put measures in place to protect company data by installing encryption software and remote-wipe apps if mobile devices provided by you go missing. Virtual private networks also encrypt your data and provide secure access to a remote computer over the internet. This helps keep your files and data secure yet accessible to your staff. See IT security and risks.
Negative impact on mental health
The switch to working from home may have a negative impact on your worker’s mental health if they are unable to find a routine that works for them, are struggling to separate work and home life, or are feeling isolated. To help you can encourage your employees to develop a working routine, set up a dedicated work space, and set boundaries for other household members. Create more opportunities for staff to stay connected by communicating through regular chats and team catch-ups. Eating healthily and taking regular exercise can also help improve mental health especially when woven into a regular routine. See simple tips to tackle working from home from the NHS.
Decreased staff morale
It can be harder to maintain team spirit when employees are working at home on their own.
Not all jobs suit home working
Working from home suits some jobs better than others. Equally, working from home suits some personality types but not others. Some people may prefer colleague contact by face-to-face communication.
Poor broadband speeds
You should be mindful that depending on where your staff live they may not be able to access broadband speeds that enable them to do their job effectively eg rural broadband is often very slow.
The coronavirus pandemic gave some employers, who may not have otherwise considered working from home an option for staff, a practical insight into how it affects their business and employees. It has enabled employers to have first-hand experience of the advantages and disadvantages of home working. This experience can be very beneficial in helping employers determine the future direction of working practices that will benefit their business.
For further information see the Labour Relation Agency's (LRA) practical guide to working from home: COVID-19 and beyond.
Hybrid working approach
A shift towards home working doesn't mean employees have to work only at home. Often splitting time between home, or other remote locations and the workplace is the most productive solution. You may want your staff to provide feedback on their working from home experience to get them involved in the process of developing a hybrid working policy.
For further guidance see hybrid working: employer guidance and the LRA's practical guide to hybrid working.
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Types of work and skills suited to home working
Types of job that are well-matched for home working and the skills employees will need.
When weighing up whether to let an employee work from home, you should consider the nature of their job.
Jobs suited to home working
Some types of work are particularly suited to home working. For example:
- telesales and marketing
- customer service
- consultancy and professional services, such as accountancy or HR administration
- writing, editing, research and translation
- some types of administrative work
Skills employees need to work at home
You also need to consider whether employees themselves are suited to working away from your base. They're likely to need skills in a number of key areas:
- time management and self-discipline
- motivation
- self-sufficiency
- communication
- technology
Home working isn't for everyone. Bear in mind that if you allow one person to do it, you may be setting a precedent that others will want to follow, so it's best to have a clear idea from the start of how home working could fit the needs of your business. You should establish fair criteria for home working as this will minimise any discrimination risk.
Remember, too, that in some cases you're legally obliged to seriously consider requests for working from home. Employees with 26 weeks' service can request a range of flexible working patterns from their employers - including the right to work from home.
Read more on flexible working: the law and best practice.
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Employment contracts and working from home
How the written statement of terms and conditions may need to be amended when implementing homeworking.
An employee's place of work is stated in the written statement of their terms and conditions of employment.
When an employee starts working from or at home, it may be necessary to amend the written statement as a result.
You must follow set procedures when changing an employment contract.
See how to change an employee's terms of employment.
Working from home arrangements during the coronavirus pandemic
The working from home arrangements that were in place during the COVID-19 pandemic were not normally considered to be permanent variations to the contract but post pandemic it may be mutually beneficial for it to become the new normal working arrangement and so it may suit both employer and employee for it to remain in place. See the Labour Relations Agency's (LRA) guide on flexible working.
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Providing equipment for employees who work at home
Your responsibilities for the equipment and furniture home workers use in carrying out their work.
As an employer you're likely to be responsible for providing, installing, and maintaining all equipment unless the employee uses their own.
Equipment you need to provide may include:
- workstation, including a suitable desk and chair
- filing cabinet, drawers, and shelving
- computer, laptop, or tablet with office software, anti-virus software, email, and broadband internet connection
- printer
- stationery and office supplies
Advances in technology allow you to create virtual teams where employees work together despite working from home.
IT equipment can be expensive, so make sure it is compatible with your existing systems and meets a genuine business need.
Read more on how technology can facilitate working from home.
Remember that you still have health and safety responsibilities for people who work at or from home. Read about your health and safety obligations towards home workers.
Insurance and rates
You'll probably need to extend your business insurance to cover equipment used by employees in their homes. The employee's home insurance policy is unlikely to cover this. They should check with their insurer to make sure they're covered for working at home.
It's also worth mentioning to potential home workers that if they use part of their home exclusively for work, they may have to pay business rates for that portion of their home. It's a good idea to get them to check the position with Land & Property Services. See how to use your home as a workplace.
You also need to ensure that employees take care of business equipment and information in their possession. Employers must ensure that data protection principles are adhered to eg establish procedures to be followed in terms of the storage and security of information and what to do if any item is damaged or lost.
Taxation
This can be complicated and worth getting specific guidance from HM Revenue & Customs in respect of liabilities and set-offs. See expenses and benefits: homeworking.
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Effectively manage employees who work from home
What you can do to make home working a success - performance monitoring, training, communication, and feedback.
Working from home can bring a wide range of benefits for both businesses and employees, but it needs to be properly managed to be successful.
Monitoring performance
Monitoring and assessing the performance of people who work at home is perhaps the most significant managerial challenge. It can be helpful to measure their effectiveness in terms of their output rather than the hours they work.
Agree on set goals and deadlines for particular tasks. Keep a close eye on how well the targets are being met and give feedback promptly and sensitively if things go wrong.
Staff training
Training can prepare employees and help them develop the skills they need. This might include:
- self-management skills, eg in time management
- general skills, eg in using IT more effectively or writing reports
- job-specific skills
Encouraging communication
For staff who work alone, a sense of isolation is one of the factors most likely to make home working fail. As a result, it's important to put formal systems in place to ensure people feel part of the team. For example:
- frequent two-way feedback sessions about work and work-related issues
- regular scheduled visits to the workplace
- inclusion in social activities
- clear procedures to follow and people to contact if things go wrong
If an employee's job is home-based from the start, it's a good idea to carry out their induction at your premises. Home workers are more likely to be focused and productive if they have a chance to establish a clear idea of the people and company they're working for.
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Your health and safety obligations towards home workers
Key health and safety duties towards home workers - from risk assessments to ensuring equipment is suitable.
As an employer you have the same responsibilities for ensuring the health and safety of home workers as you would for staff based at your premises. Your duties are likely to include:
- carrying out a health and safety risk assessment - see managing the risks in your business
- purchasing compulsory employers' liability insurance if you don't already have it - see liability insurance
- ensuring equipment is fit for its purpose
- testing, certifying and maintaining electrical equipment provided by the business
- ensuring computers can be used comfortably and without disturbing glare, see how to ensure your employees are operating computers safely
- making sure lighting levels are appropriate
- avoiding trailing cables to reduce the risks of trips and falls
- ensuring staff are suitably trained to work safely
- keeping records of, and if necessary reporting, any serious accidents, illnesses, or injuries experienced by home workers
Remember, too, that employees who use computers regularly - including home workers - are entitled to an eye test paid for by their employer.
Home workers must take reasonable care of their health and safety, as well as that of other people such as family members, neighbours, and visitors. They must also ensure they use work equipment correctly.
During the coronavirus pandemic, it was unlikely that the employer would have been able to carry out the usual health and safety risk assessments at the employee's home. However, the employer should ensure that:
- the employee feels the work they're being asked to do at home can be done safely
- the employee has the right equipment to work safely
- the line manager maintains regular contact with the employee, including making sure they don't feel isolated
- reasonable adjustments are made for an employee who has a disability
The employee should also keep in regular contact with their line manager about health and safety risks and homeworking arrangements that need to change.
For information on your business's health and safety duties, see what you need to do about health and safety.
See the Health & Safety Executive (HSE) guidance on managing home workers' health and safety.
If you have employees who use their home as a base and generally don't work from your premises, you may have additional health and safety responsibilities to them. See how to ensure the safety of lone workers.
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How technology can facilitate working from home
Using IT to facilitate homeworking - phones, broadband, extranets, virtual private networks, and security issues.
You'll need to keep in touch with employees who work at home. At the very least, you should consider installing a dedicated work phone at the employee's home or provide them with a mobile phone.
This makes it easier to work out billing arrangements and, as you won't need to see the employee's phone bill, preserves their privacy.
Broadband internet connections have made emailing colleagues and business contacts and sharing documents quick and easy.
Virtual teamwork
With virtual teamworking, your employees do not need to be working in the same place, or even at the same time, in order to work together. Consider the following options:
Different time, different place
Employees work separately and keep in touch with you and each other via email.
Same time, different place
Employees can communicate with each other in real-time through telephone conference calls, video-conferencing, or using instant messaging.
Different time, same place
Employees can access your business network or databases by connecting to an intranet or extranet. A virtual private network is a more secure, but expensive, way of doing this.
Same time, same place
Even working from home, your employees will still need to meet face-to-face occasionally. Email and electronic diaries allow you to arrange meetings and transfer documents, while wireless technology allows you to meet anywhere.
Any time, any place
Mobile phones and laptop computers with wireless internet access mean that your employees are always accessible and can work wherever they are. Read more on mobile technology.
Data security
There are important security issues. For example, data security could be compromised if employees working from home use their work computers for personal purposes. It's best to provide staff with a computer and make it clear that it's for business use only.
Install anti-virus and firewall software on users' PCs and use passwords to control access to their computers and to your network. Make sure home workers have read and understood your IT policies and know their information security responsibilities.
Employees who deal with sensitive information should be particularly careful about:
- Keeping equipment at home - they should make sure that their premises are properly secured.
- Transporting equipment from one place to another - items should never be left unattended in a public place.
- Using public internet access - public computers can store information that has been entered.
- Working in a public place such as a train - information on a laptop screen could be seen by others.
- Destroying data that is no longer required - eg a cross-cut shredder should be used to dispose of sensitive papers.
Read NCSC's guidance on home working: preparing your organisation and staff.
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Responsibilities of home workers
Ensuring staff understand their duties to keep homeworking legal and safe.
Employees who work from home have a number of key responsibilities.
They should:
- check whether there are any restrictions on home working within the terms of their lease, mortgage, or tenancy agreement for the property
- keep their insurance company informed about the new use of their home
- check if planning permission will be required and apply for it if necessary, though this is unlikely to be the case for a home office
- check if business rates are payable on the part of the property used for work
- ensure their own health and safety and the safety of anyone visiting or living in their home who could be affected by their work
- ensure that they keep sensitive information safe and secure, eg by destroying data securely when they have finished with it
Employees should also be aware that if they set aside a room to work in that has no domestic purpose, they may be liable for business rates on that part of the property or capital gains tax if the property is sold.
Read more on how to use your home as a workplace.
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Hybrid working: employer guidance
How employers can get the most of staff using a mix of working at home or remotely and also in the workplace.
Hybrid working is a form of flexible working where staff spend part of their week working from home or remotely with the rest of their working time spent based in the workplace.
Employers can implement hybrid working for their organisation in different ways. For example, some employers might suggest that all staff come into the workplace two or three days a week and spend the other days working from home. These specific days could be set by the employer or left to individuals to determine themselves.
Benefits of hybrid working
Hybrid working can bring together the benefits that staff experience when working from home, such as fewer distractions and increased productivity, and combine these with the advantages of working in a shared location, such as feeling part of a team and collaborating with greater ease.
Advantages that hybrid working can bring include:
- more flexibility as you can develop hybrid working patterns that suit the needs of the business
- increased staff productivity and motivation
- higher levels of trust and engagement, especially if staff are involved in determining their own hybrid working patterns
- increased job satisfaction means you are more likely to retain staff
- attract new talent – many recruits now expect to be offered the opportunity to work from home in some capacity
- more opportunities for collaboration between teams on the days people are in the office together
- helps support inclusion and diversity
- better staff wellbeing with decreased feelings of isolation and improved mental health for staff with more opportunities for social interaction
- better connection between managers and staff as days in the office offer opportunities for face-to-face engagement
- improved work-life balance for staff
- savings on office space and facilities costs
- improved team availability with staff given the flexibility to connect remotely if they can't make a physical meeting
What to consider when introducing hybrid working
To get the maximum benefit from hybrid working, you should examine:
Organisation goals
Consider what your organisation’s objectives are and how hybrid working could support you in achieving your targets.
Customer needs
How are your customers’ needs met? Can their requirements be delivered online, or is there a need for physical interaction with customers?
Getting the best out of your staff
Determine the type of hybrid working model that will support staff wellbeing and give them the platform to be motivated and productive in their job. The use of SMART targets that are specific, measurable, achievable, realistic, and time-bound will give your staff a clear understanding of what is required of them. In addition, SMART targets enable managers to identify if employees are meeting their targets, and if not, identifying issues at an early stage to provide support staff may need to meet their targets including adjusting the number of days they work in the office, for example, if they need face-to-face support and encouragement. see set business performance targets.
Attracting and retaining staff
You should consider the type of hybrid working that can help you to attract new talent and retain existing staff. Most job applicants like the opportunity to choose to work from home, so offering this as a benefit can give you a competitive advantage in the job market.
Days in the office
Establish why staff are required in the office on certain days and think about what you hope to achieve then. Is it to increase teamwork or collaboration on projects? Is it to maximise staff wellbeing and morale?
Working hours
Can your business’s operating hours be more flexible? For example, if you have customers in global locations, the remote working element of hybrid working enables you to adapt working hours to benefit customers in different time zones. Being flexible also offers staff the opportunity to determine working hours that best fit their work-life balance.
Flexible working requests
Address your legal requirements, including managing formal requests from staff for hybrid working through a flexible working policy. Employees could also request hybrid working as a reasonable adjustment under disability discrimination legislation.
Data protection duties
Securing sensitive data can be more challenging when employees divide their work time between home and the office. Create a policy outlining how to manage data in the workplace, at home, and when commuting between the two. Provide training to all staff on their data protection responsibilities. Read the Information Commissioner’s Office guidance on data protection and working from home.
Health and safety responsibilities
Employers must ensure the health, safety, and wellbeing of their staff when working from home and in the workplace. Employers have a duty of care and must carry out a health and safety risk assessment for all staff.
IT requirements
You will need to ensure staff can access the technology required to work at home, remotely, and in the workplace with minimal technical issues. IT security will also be a priority, as staff will be connecting to your organisation’s systems remotely.
Tax issues
Make your staff aware that they may be able to claim relief for additional household costs if they have to work at home for all or part of the week. See claim tax relief for your job expenses if working from home.
How to introduce hybrid working
When introducing hybrid working, you should take on board the needs of your staff. Take time to engage with staff and their representatives to get their input and effectively communicate your plans with them at each step of the process. This approach will maximise staff buy-in and develop high levels of trust when introducing hybrid working.
Requiring all staff to come into the workplace on set days each week could be counterproductive if staff resent employers stipulating which days they have to be in the workplace. A fixed-day approach also restricts the flexibility that hybrid working offers employers and their workforce. Giving staff the autonomy to select how many days and on which days they come into the office passes responsibility to your workforce. This approach can gain employee buy-in and establish a platform for building trust. It also sets a better work-life balance that could help maximise staff motivation, loyalty, and productivity.
Hybrid working policy
Whichever way you introduce hybrid working, you should communicate your decision clearly to all staff with details on how it works from a practical point of view. For example, you may want to outline scenarios that may impact the hybrid working approach such as when leave such as holidays or sick leave is taken. Ensure you treat all staff fairly when implementing hybrid working. It is good practice to develop a hybrid working policy.
You should be aware that many staff have been working from home full-time for a period due to the coronavirus, so some staff may be anxious about returning to the workplace, if they haven't already done so. Support staff on the return to the workplace and offer training to help employees at all levels in the organisation get the most from hybrid working.
It is a good idea to trial hybrid working; review its progress after a certain period, and then, if required, make changes that will help you maximise the benefits it can bring to your organisation and your staff. Ensure you consult with your employees and their representatives if you make any changes.
Further guidance including a sample policy on hybrid working
You can read further guidance on introducing hybrid working and access a sample hybrid working policy in the Labour Relation Agency’s practical guide to hybrid working.
Read the Chartered Institute of Personnel and Development guidance on planning for hybrid working.
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Managing employees working from home: seven top tips
The following top tips highlight key issues you should be aware of if you are considering home working as a possibility for your business.
Allowing staff to work from home on either a full or part-time basis can bring a range of business benefits, including greater staff motivation and increased productivity.
The following top tips highlight key issues you should be aware of if you are considering home working as a possibility for your business.
1. Consider an employee's job and skills
When deciding whether to let an employee work from home, you should consider if the job is suited to home working. For example, telemarketing and writing could be particularly suited to home working. The employee is also likely to need skills in a number of key areas including communication and time management. See types of work and skills suited to home working.
2. Be aware of legal requirements
When an employee starts working from home, it may be necessary to amend their written statement of their terms and conditions of employment. See employment contracts and working from or at home. You will probably need to extend your business insurance to cover equipment used by employees in their homes. See providing equipment for employees who work at home.
3. Provide appropriate equipment
As an employer, you're likely to be responsible for providing, installing, and maintaining all equipment unless the employee uses their own. Equipment you need to provide may include a desk and chair, PC or laptop, and printer. See providing equipment for employees who work at home.
4. Encourage communication
For staff who work from home, a sense of isolation is one of the reasons that home working may fail. It's therefore important to put formal systems in place to ensure people feel part of the team. See effectively manage employees who work from home.
5. Train and monitor employees
Training can help employees working from home to develop the skills they need, for example, time management or writing reports. Monitoring employees' performance is also important to ensure targets are being met. See effectively manage employees who work from home.
6. Be aware of health and safety responsibilities
You have the same responsibilities for ensuring the health and safety of home workers as you would for staff based at your premises. Your duties are likely to include ensuring equipment is fit for purpose and that lighting levels are appropriate. See your health and safety obligations towards home workers.
7. Consider information security
You should ensure that employees adhere to data protection principles. For example, data security could be compromised if employees working from home use their work computers for personal purposes. You should make clear that the computer you provide is for business use only. You should also install anti-virus and firewall software, use passwords to control access to your network, and ensure workers have read your IT policies. See how technology can facilitate working from home.
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Legal issues following industrial action
In this guide:
- Industrial disputes
- Avoiding disputes with your workforce
- Dealing with industrial disputes
- Statutory conditions for immunity when organising industrial action
- Lawful industrial action
- Legal issues during industrial action
- Legal issues following industrial action
- Conducting negotiations to resolve disputes
- The legal consequences of failing to gain statutory immunity
- Conducting industrial action ballots
Avoiding disputes with your workforce
How open communication can help create a conflict-free working environment and prevent disputes from arising.
Good relations between you and your staff are key to creating a productive working environment. You should, therefore, seek to encourage a workplace culture that prevents conflicts from arising.
If you fail to do so, collective grievances could arise, which could, in turn, lead to workers making tribunal claims or calling for industrial action. See staff motivation.
Informing and consulting your workforce and their representatives
It is good practice to develop channels for informing and consulting your workforce and/or their representatives on employment matters and business developments. Indeed, in some cases, you are legally obliged to inform and consult them, eg about collective redundancy situations. See engaging with staff.
Depending on the size of the business, you could set up:
- voluntary recognition with a trade union for collective bargaining purposes
- regular consultations with a recognised trade union - an effective working relationship with union officials can pick up problems before they escalate
- a staff forum or joint working group to pass on information to, collect ideas from, and consult with workers
- an employee consultative body to discuss major issues as they arise
- team and group meetings and feedback sessions
Many employers, especially those which recognise trade unions, have written procedures in place to discuss collective grievances with representatives and other significant issues affecting all or part of the workforce. Procedures are important as they can help you to structure and address problems at an early stage.
If you already have such procedures, you should ensure you follow them effectively and consistently.
If you don't have such procedures, you could consider putting some together in consultation with workers and/or their representatives.
See managing conflict.
The role of Labour Relations Agency (LRA) in preventing disputes
The LRA is an independent statutory body whose role is to improve working life through better employment relations.
The LRA not only helps to resolve a dispute once it arises but also helps employers and workers (or their representatives) work together to prevent disputes from arising in the first place.
The LRA's Good Practice Facilitation and Advisory services are dedicated to preventing workplace disputes where a problem has arisen but has not yet developed into a serious dispute. It will facilitate and offer services such as - assisted bargaining, collaborative working, and joint problem-solving parties, with a view to helping to prevent a dispute by facilitating sustainable solutions that are acceptable to all parties. See LRA dispute resolution services.
The LRA also delivers training and runs briefings, seminars, webinars, and workshops aimed at helping organisations adopt or develop better employment relations practices. LRA good practice seminars.
Employment document toolkit
The LRA has a free online employment document toolkit, once employers are registered they can unlock our free core employment guides to help them build documents, policies, and procedures for their own organisation. Find out about the LRA's free employment document toolkit.
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Dealing with industrial disputes
Ways to resolve disputes with groups of workers through mediation, conciliation, and arbitration.
If a dispute arises, you should meet with representatives of your workers to resolve the problem as soon as possible. Where you have agreed on procedures to meet and discuss such matters with a recognised trade union or other representatives, these procedures should be followed.
The initial concerns of the meeting should be to:
- define the actual cause of the dispute
- clarify who speaks for each side
- explore what options are available to resolve the dispute
In many cases, this meeting, or negotiations that follow it, will resolve the dispute. However, if negotiations become deadlocked, it may be necessary to call in outside help, possibly from the Labour Relations Agency (LRA). Its services are free.
LRA collective conciliation
Collective conciliation is a voluntary process where the LRA conciliators attempt to help employers and employees (normally via trade unions) discuss their differences and reach mutually acceptable settlements of their collective disputes. Outcomes are not imposed or judgements made on the rights and wrongs of the matter in dispute.
The main issues referred for collective conciliation include annual pay reviews; other terms and conditions eg shift hours, bonuses, changes in working practices, redundancy selection; and trade union recognition. Collective conciliation is normally only appropriate when the parties have exhausted their own internal procedures, or they agree it's required.
LRA collective conciliation explained.
LRA mediation service
The mediation service focuses on restoring productive working relationships between individuals and/or groups where those have broken down. Mediation is delivered by the LRA in-house accredited workplace mediators. Mediation is especially suitable when the aim is to maintain the employment relationship. It is often most effective if used in the early stages of a dispute.
LRA arbitration service
The LRA offers the following arbitration services for industrial disputes:
- Industrial arbitrations - these are arranged by the LRA in accordance with its statutory powers under Article 84 of the Industrial Relations (Northern Ireland) Order 1992. In accepting such arbitrations the Agency must be satisfied that any negotiating procedures have been exhausted or are unlikely to resolve the issue and that the dispute cannot be settled by conciliation. This service is provided to employers and unions and, in exceptional circumstances, to individual employees.
- Procedural arbitrations - these are where national or sectoral negotiating procedures provide for arbitration as the final stage in the procedures.
Industrial arbitration is also voluntary but the parties accept in advance to be bound by the arbitrator's resolution, made within agreed terms of reference for the arbitrator. The decision, however, is not legally binding (unlike the LRA Arbitration Scheme, which is legally binding).
The decision to go to arbitration may be ad-hoc or may be an agreed stage in the parties' dispute resolution procedure.
LRA Arbitration and Independent Appeals.
Failure to resolve a collective workplace dispute
If you fail to resolve a dispute with a group of workers and/or their representatives, they may consider taking industrial action.
However, in order for such action to be lawful, it must meet a number of conditions. See lawful industrial action.
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Statutory conditions for immunity when organising industrial action
The statutory conditions for immunity when organising industrial action.
A union or individual must meet certain statutory conditions when organising industrial action.
1. The need for there to be a trade dispute
A person or trade union who calls for, threatens to call for, or otherwise organises industrial action, has immunity from civil action for inducing a breach of contract or interfering with a contract's performance only if acting in contemplation or furtherance of a 'trade dispute'.
For there to be a trade dispute:
- there must be a dispute between workers and their own employer
- the dispute must be wholly or mainly about specified employment-related matters such as:
(a) terms and conditions of employment, or the physical conditions in which any workers are required to work
(b) engagement or non-engagement, or termination or suspension of employment or the duties of employment, of one or more workers
(c) allocation of work or the duties of employment as between workers or groups of workers
(d) matters of discipline
(e) the membership or non-membership of a trade union on the part of a worker
(f) facilities for officials of trade unions
(g) machinery for negotiation or consultation, and other procedures, relating to any of the foregoing matters, including the recognition by employers or employers' associations of the right of a trade union to represent workers in any such negotiation or consultation or in the carrying out of such procedures
The relevant definition does not cover disputes:
- between workers and an employer other than their own employer
- not wholly or mainly about specified employment-related matters like pay and conditions
- between groups of workers or between trade unions, ie where no employer is involved in the dispute
- between a trade union and an employer, where none of that employer's workforce is in dispute with that employer
- relating to matters occurring overseas - except where workers taking action in the UK in support of the dispute are likely to be affected by its outcome
2. The need to hold an industrial action ballot
If a trade union decides to call on its members to take - or continue to take - industrial action, it will have no immunity unless it first holds a properly conducted secret ballot.
See conducting industrial action ballots.
3. The need to provide a notice of official industrial action to the employer
The union organising the industrial action must ensure that the employer receives written notice from the union which:
- Reaches the employer after the union has taken steps to notify the employer of the result of the industrial action ballot, but no less than seven days before the day - or the first of the days - specified in the notice.
- Specifies whether the union intends the industrial action to be 'continuous' or 'discontinuous'. The notice must also give the date on which any of the affected employees will be called on to begin the action (if continuous) or the dates on which any of them will be called on to take part (if discontinuous). Industrial action is 'discontinuous' if it involves industrial action other than on all the days when it might be taken by those concerned. An indefinite strike would, therefore, be continuous. However, an overtime ban might be continuous or discontinuous, depending on whether the ban applied to overtime working on all the days on which overtime would otherwise be worked or to overtime working on only some of those days.
- Provides a list of the categories and workplaces of the employees who are going to take part in the industrial action (the 'affected employees'), figures on the numbers of affected employees in each category, figures on the numbers of affected employees at each workplace and the total numbers of affected employees. The union must also explain how it worked out the figures it provides.
- Is given by any officer, official, or committee of the union which is inducing - and is therefore responsible for - the industrial action.
Note that the lists and figures mentioned above do not need to be provided in full where all of the affected workers pay their union subscriptions by deduction from pay at source, ie through the so-called 'check off' system.
In such circumstances, the notice must contain either:
- those same lists, figures, and explanations as set out above
- information that will allow the employer readily to work out the total number of workers concerned, the categories of workers to which they belong, the number of workers concerned in each of those categories, the workplaces at which the workers concerned work, and the number of them at each of these workplaces
Where only some of the affected workers pay their union subscriptions by the check-off, the union's notice may include both types of information, ie the lists, figures, and explanations should be provided for those who do not pay their subscriptions through the check-off, while information relating to check-off payments may suffice for those who do.
The lists and figures or information supplied should be as accurate as is reasonably practicable in the light of the information in the union's possession at the time when it complied with this requirement of the law.
4. The action is not 'secondary action'
It is unlawful for a union or others to call for, threaten to call for, or otherwise organise secondary industrial action.
Secondary action - which is sometimes referred to as 'sympathy' or 'solidarity' action - means industrial action by workers whose employer is not a party to the trade dispute to which the action relates.
For these purposes:
- where more than one employer is in dispute with its workers, the dispute between each employer and its workers is treated as a separate dispute
- industrial action which is 'primary' action - ie in contemplation or furtherance of a trade dispute between workers and their own employer - is not regarded as 'secondary' action simply because it has some effect on another dispute between workers and a different employer
- the calls on workers to breach, or interfere with the performance of contracts will not be regarded as calls to take secondary action if made in the course of attendance for the purpose of peaceful picketing as the law allows
Note that secondary action can be taken not only by those working under contracts of employment - eg employees - but also by someone working under any contract where they personally do work or perform services for another, eg an agency worker or freelancer. Therefore, such workers can also be at risk of taking unlawful secondary action.
5. The action is not to promote closed-shop practices or against non-union firms
It is unlawful for a union or others to call for, threaten to call for, or otherwise organise industrial action to establish or maintain any sort of union closed-shop practice.
This means that statutory immunity is therefore not available where the reason, or one of the reasons, for the industrial action is either:
- that an employer employs, has employed, or might employ a person who is not a member of a trade union
- to pressurise an employer into discriminating against a person on the grounds of non-membership of a trade union
'Trade union' here can mean any trade union, a particular trade union, or one of a number of particular trade unions.
An employer is discriminating against a person who is not a union member if its conduct in relation to its workers is:
- more favourable to those workers who are members
- different for union members and non-members
In addition, there is no immunity for a relevant act - such as calling for, threatening to call for, or otherwise organising industrial action - which is either:
- designed to exert pressure on an employer to persuade it to impose union-labour-only or recognition requirements on contractors
- taken by the workers of one employer and interferes with the supply (whether or not under a contract) of goods or services by a second employer where the reason, or one of the reasons, for the action, is that the supplier of the goods or services does not recognise, negotiate or consult with trade unions or trade union officials
6. The action is not in support of an employee dismissed for taking part in unofficial industrial action
A union or other person has no immunity if they call for, threaten to call for, or organise industrial action where both:
- the reason, or one of the reasons, for that action is the fact or belief that an employer has dismissed any employee
- the employee has no right to complain of unfair dismissal because they were dismissed while taking part in 'unofficial' industrial action
For these purposes, an 'employer' in relation to an employee includes, in the case where the employment has ceased, the employer they used to work for.
An 'employee' for these purposes who was a member of a union (other than for purposes unconnected with their employment) when they began to take the industrial action and/or at the time they were dismissed will be regarded as having been dismissed while taking 'unofficial' industrial action if, at the time of their dismissal, the act of calling for, threatening to call for or otherwise organising the industrial action, was not the act of the union.
This was because either:
- it was done by a person for whose acts the union was not responsible in law
- although done by a person for whose acts the union was responsible in law, their act has been 'effectively repudiated' by the union's executive committee, president, or general secretary
However, where the relevant act has been so 'repudiated', the employee is not regarded as taking 'unofficial' industrial action until a full working day has passed since the day the repudiation took place.
A 'working day' for these purposes means any day other than a Saturday, Sunday, Christmas Day, Good Friday, or a bank holiday as defined under the [1971 c. 80.] Banking and Financial Dealings Act 1971.
An employee who was not a union member when they began to take the industrial action in the course of which they were dismissed, and/or when they were actually dismissed, will not be regarded as having been dismissed while taking 'unofficial' action unless, at the time of dismissal, there were others also taking the action who were members of a union that had not authorised or endorsed the action.
7. The action doesn't involve unlawful picketing
For picketing to be lawful and therefore maintain the statutory immunity of those organising the industrial action, certain conditions must be met.
See legal issues during industrial action.
Failure to gain statutory immunity
Where a union or individual fails to meet any or all of the conditions set out above, any resulting industrial action will not be covered by statutory immunity.
As a result, employers and others who are damaged - or likely to be damaged - by the action may take civil proceedings in the courts against the union/individual.
See the legal consequences of failing to gain statutory immunity.
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Lawful industrial action
The need to meet certain conditions before a union or individual can lawfully call for industrial action.
When a worker takes industrial action, they will usually be in breach of their contract of employment or contract for services.
This means that if a trade union calls for, threatens to call for, or otherwise organises industrial action, it is - in practice - calling for the breach, or interference with the performance, of employment contracts.
They may also be interfering with the ability of the employer of those taking the industrial action, and of other employers, to fulfil commercial contracts.
It is unlawful in civil law to induce - or threaten to induce - people to break a contract or to interfere with the performance of a contract. This means that a trade union would face legal action and claims for damages for calling for industrial action.
Therefore, to allow trade unions or others to call for, threaten to call for, or otherwise organise industrial action lawfully, the law expressly gives them immunity from legal actions under civil law.
However, to obtain this immunity, they must meet certain statutory conditions when organising industrial action. These conditions are that:
- the action is called by someone authorised to do so, as set out in the Trade Union rule book
- there needs to be a 'trade dispute'
- an industrial action ballot must be held
- a notice of industrial action must be provided to the employer
- the action is not 'secondary action'
- the action is not to promote closed-shop practices
- the action is not in support of an employee dismissed for taking unofficial industrial action
- the action is not to enforce trade union membership against non-union firms
- the action doesn't involve unlawful picketing
See statutory conditions for immunity when organising industrial action.
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Legal issues during industrial action
The rules for dismissal during industrial action or picketing, and pay for striking workers.
You need to be aware of your own and your workers' legal position during industrial action.
1. Picketing
When pickets try to persuade people not to go to work or not to deliver or collect goods, they may - in effect - be inducing them to break or interfere with the performance of their employment contracts.
They may also be interfering with the ability of the employers of those people to fulfil their commercial contracts.
Such inducement in the course of picketing is not itself lawful simply because the industrial action supported by the picketing is lawfully organised. For the picketing to be lawful, it must satisfy certain conditions laid down by the law.
These conditions include the following:
- that the picketing is at or near the pickets' own place of work
- that the purpose of the picketing is to peacefully obtain or communicate information, or to peacefully persuade a person to work or not to work
However, there are three exceptions to the rule that an inducement in the course of picketing has immunity only if it is done at or near the pickets' own place of work:
- a trade union official may accompany a member of their union whom they represent so long as the member is picketing at their own place of work
- a person - eg a mobile worker - who does not normally work at one particular place, or for whom it is impracticable to picket at their actual place of work, may picket at the premises of the employer for whom they work or from which the work is administered
- a person who is not in employment may picket at their former place of work in contemplation or furtherance of a trade dispute, but only if the termination of their employment gave rise to - or is connected with - the dispute in support of which they are picketing
Picketing that is not peaceful and, for example, leads to violent or abusive behaviour, intimidation, or obstruction of the highway, is likely to involve offences under the criminal law. The law gives no protection to people who commit such offences in the course of picketing and they may be arrested and prosecuted by the police.
The Department for the Economy's statutory code of practice on picketing recommends that pickets and their organisers should ensure that in general, the number of pickets does not exceed six at any entrance to a workplace.
Failure to observe the provisions of the code does not in itself render a union, or anyone else, liable to any legal proceedings. However, where proceedings are brought against a union, the provisions of the code are admissible in evidence and may be taken into account by a court if they appear relevant to any question before it.
2. Notifying the employer before industrial action resumes
Where continuous industrial action is suspended, eg for further negotiations between the employer and union, the union must normally give the employer further notice before resuming the action.
The exception to this requirement is where the union agrees with the employer that the industrial action will cease to be authorised or endorsed with effect from a date specified in the agreement but that it may be authorised or endorsed again on or after another date specified in the agreement and the union:
- ceases to authorise or endorse the action with effect from the specified date
- subsequently reauthorises or re-endorses the action from a date on or after the originally specified date or such later date as may be agreed with the employer
For this exception to apply, the resumed industrial action must be of the same kind as covered in the original notice. This condition will not be met if, for example, the later action is taken by different or additional descriptions of workers. In order to avoid misunderstanding, both parties should put an agreement in writing.
3. Dismissal for taking industrial action
The dismissal of any striking employee during the first 12 weeks of lawfully organised official industrial action - the 'protected period' - will be deemed unfair if your reason for doing so is because the employee took industrial action.
The dismissal will also be unfair if the employee is dismissed after the protected period, but has stopped taking part in the industrial action before the end of the period.
If you 'lock out' your workforce during the protected period, the lock-out days are not counted when calculating the 12-week period.
The dismissal will also be unfair if:
- the employee is dismissed after the protected period - but had not stopped taking part in the industrial action before the end of the period
- you had failed to take reasonable steps to resolve the dispute
A dismissal can therefore be fair after the protected period if you can show that you made genuine attempts to negotiate a settlement with the trade union - including the proper use of any joint dispute resolution procedure, and have not unreasonably refused requests for third party conciliation or mediation.
Unfair dismissal claims may also be brought if you discriminate between employees by:
- dismissing some of those taking part in the action, but not others
- offering re-engagement selectively to some employees but not others within three months of the dismissal
An employee dismissed while taking part in unofficial action can't generally claim unfair dismissal. This is regardless of whether the employer has discriminated between those taking such action by dismissing - or re-engaging - only some of them.
However, there are cases where an employee who is dismissed during the course of unofficial industrial action will still be able to make a claim for unfair dismissal if they allege that the employer dismissed them for another reason. Generally, these cases relate to family reasons, health and safety, employee representation, and whistleblowing.
See dismissing employees.
4. Pay during industrial action
Where workers take strike action, they are in breach of contract and usually lose their right to pay for the hours they did not work. This may depend on the terms of the employment contract and the nature of the industrial action which the worker has taken.
The situation is more complex when workers take action short of an all-out strike, eg refusing to carry out particular duties. You may refuse to accept this conduct as satisfactory. However, if you accept partial performance of duties, you can't refuse to pay the worker for the part of the job they've carried out.
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Legal issues following industrial action
Re-engaging employees after a strike.
An employer may re-engage an employee dismissed during official industrial action on whatever terms the employer chooses, provided it offers the same terms to all dismissed workers.
During the three months following dismissal, an employer cannot selectively re-engage some employees and not others.
However, after three months, the employer can offer to re-engage any of the employees dismissed.
Any week during which an employee takes part in a strike doesn't count towards their continuous employment. This means that a calculation of an employee's length of employment will not include those days on which the employee was on strike. This could be important if an employee later needs to rely on their total length of employment to claim certain rights, eg statutory redundancy pay or unfair dismissal. See continuous employment and employee rights.
However, taking part in a strike won't break an employee's continuity of employment. This means that the terms and conditions of their employment contract won't be discontinued during the strike and then restarted afterward, but will effectively continue during the strike action.
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Conducting negotiations to resolve disputes
The importance of effective negotiating styles and skills when dealing with disputes.
Unless you have internal expertise, you may need external specialist negotiators to resolve some disputes.
Who should conduct the negotiations?
In most disputes, negotiating with your workers or their representatives face-to-face will be the quickest, cheapest, and easiest way of sorting out the problem. Both parties to the dispute will know what the issues are and can look for solutions that fit your needs.
Where written procedures exist, they will usually specify who should undertake the negotiations at the various stages and how they should be conducted. Such procedures will be the norm where trade unions are recognised.
In larger, more complex disputes, it may be better to enlist trained people to help with the negotiations.
Trade unions can supply their full-time officers to act as negotiators for their members. Employers' organisations and some firms of solicitors or other professional advisers can supply negotiators to employers. See choose a solicitor for your business.
It might be more cost-effective to train particular staff in negotiating skills. Trade unions also provide such training to their workplace representatives.
The Labour Relations Agency can help facilitate negotiations through collective conciliation.
Negotiating styles
There are two main ways to approach negotiations, and which one is used can affect how fast a dispute is resolved.
The first is the positional win-lose approach. Each negotiator will start by making demands, then each will try to trade off demands against concessions at the best rate they can. All possibilities will be considered as each side will put all their demands as early as possible to get them into the bargain, but this can sometimes be acrimonious and it can lead to long negotiations as each demand is discussed in detail.
The second style employed by negotiators is the principled win-win approach. The two sides compare their overall objectives to find common areas of benefit that can be agreed upon. Often this can be achieved by looking beyond the initial demands to discover the underlying ones.
For instance, do you really want to cut your wages bill or are you actually trying to find a way to increase profitability? Do your workers really want shorter hours or are they looking for more family-friendly and flexible working patterns? The win-win approach is less confrontational but risks being seen as a compromise that may not be the best result for anyone.
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The legal consequences of failing to gain statutory immunity
How the law works when the statutory immunities do not apply, making any subsequent industrial action unlawful.
Where statutory immunity for organising industrial action has not been met, eg because a union or individual has failed to organise a proper secret ballot, employers and others (such as their customers and suppliers) who are damaged - or likely to be damaged - by the action may take civil proceedings in the courts against the union or individual.
However, the person wishing to bring civil proceedings must still show that:
- an unlawful, unprotected act has been done or is threatened
- they are party to a contract which will be - or has been - broken or interfered with by the unlawful act
- they are likely to suffer - or have suffered - loss as a result
In addition, an individual deprived of goods or services because of the unlawful organisation of industrial action can also bring proceedings to stop this happening.
However, for this purpose, the individual does not need to show that they are party to a contract, which will be - or has been - broken or interfered with by the unlawful act.
Who can be sued as a result of unlawful industrial action?
Civil proceedings will normally be taken against the trade union or individual organising the industrial action.
However, in the case of picketing, it may be possible to sue the individual pickets as well as those who organised the unlawful picketing. This is because the pickets are inducing interference with the performance of contracts.
Note that even if it's a union that is responsible for organising unlawful industrial action, this does not prevent legal proceedings from being brought against the individual organisers.
Trade union liability for inducing breach of contract
The law states the circumstances in which a trade union is to be held responsible for a relevant act, eg inducing - or threatening to induce - a breach or interference with the performance of a contract.
Where these circumstances apply, a union will be held responsible for a relevant act regardless of any term or condition to the contrary in its own rules, or in any other contractual provision or rule of law.
A union will be liable for any relevant act, which is done, authorised, or endorsed by:
- its executive committee
- its general secretary or president
- any person given power under the union's own rules to do so
- any other committee of the union or any official of the union
For these purposes:
- A 'committee of the union' is any group of persons constituted in accordance with the rules of the union.
- A relevant act will be taken to have been done, authorised, or endorsed by an official if it was done, authorised, or endorsed by a group of persons, or any member of a group, to which an official belonged at the relevant time if the group's purposes include organising or co-ordinating industrial action.
- An 'official' is any person who is an officer of the union or a branch or section of the union or any person who is elected or appointed in accordance with the union's rules to be a representative of its members. This includes any person elected or appointed who is an employee of the same employer as the members, or one or more of the members, they are elected to represent, eg a shop steward.
However, if a relevant act that is done (or authorised or endorsed) by such a committee or official is 'effectively repudiated' by the union's executive committee, general secretary, or president, the union will not be held liable.
In order to avoid liability in this way, the executive committee, president, or general secretary of the union must repudiate the act as soon as reasonably practicable after it has come to the knowledge of any of them, and the union must, without delay:
- give written notice of the repudiation to the committee or official in question
- do its best to give individual written notice of the fact and date of the repudiation to every member of the union who it has reason to believe is taking part - or might otherwise take part - in industrial action as a result of the act and give similar written notice to the employer of every such member
The written notice of repudiation given to the union's members must contain the following statement:
"Your union has repudiated the call (or calls) for industrial action to which this notice relates and will give no support to unofficial industrial action taken in response to it (or them). If you are dismissed while taking unofficial industrial action, you will have no right to complain of unfair dismissal."
However, even if it takes these steps, a union will not be considered to have 'effectively repudiated' an act if:
- the executive committee, president, or general secretary subsequently behaves in a way that is inconsistent with the repudiation
- at any time up to three months after the repudiation, a party to a commercial contract that has been, or maybe, interfered with by the relevant act, requests the union's executive committee, president, or general secretary to confirm that the act has been repudiated, and written confirmation is not then given
Remedies
Where statutory immunity does not apply, those party to contracts which are broken, or the performance of which is interfered with, by the organisation of - or a threat to organise - industrial action, may seek an injunction against the organisers from the courts.
A court may, after examining the circumstances, grant an injunction on an interim basis pending a full hearing of the case. However, the union or individual against whom the order is sought will have the legal right to be given a chance to put their case forward.
If an injunction is not obeyed, those who sought it can go back to court and ask to have those concerned declared in contempt of court.
Anyone found to be in contempt of court may face heavy fines or other penalties which the court may consider appropriate. For example, a union may be deprived of its assets through sequestration. This is where the funds are placed in the control of a person appointed by the court who may, in particular, pay any fines or legal costs arising from the court proceedings.
It is also possible to claim damages for losses suffered - which may, but need not, be preceded by an application for an injunction - if the basis of the proceedings is a claim that an act involved breach, or interference with the performance of contracts.
Note that there are upper limits on the amounts a court can award by way of damages in any proceedings against a trade union. These limits depend on the size of the union concerned.
Limits on awards for damages against a union organising unlawful industrial action
Number of trade union members Upper limit on award for damages Fewer than 5,000 £10,000 5,000 - 24,999 £50,000 25,000 - 99,999 £125,000 100,000 or more £250,000
Other unlawful acts during industrial action
Those who have organised lawful industrial action are only protected from legal action for a relevant act, eg inducing breaches, or interference with the performance of contracts.
As such, there is no immunity for strikers or their organisers who commit other civil wrongs or criminal offences.
For example:
- if strikers or their organisers commit a criminal offence, such as intentional damage to property, they are liable to be arrested and prosecuted by the police in the same way as anyone else who commits such an offence
- if strikers or their organisers commit an unlawful trespass, eg by entering premises without authority or by staging a 'sit-in', they are liable to be sued for that and any other unlawful acts involved just like any other members of the public who occupy premises unlawfully
Also, note that the union has immunity only if the sole ground of liability is a relevant act - such as inducing a breach of contract. If some other non-protected ground of liability exists, immunity will be lost.
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Conducting industrial action ballots
How a union must conduct a ballot before it can call for official industrial action.
If the employer and the union have exhausted all other available means of resolving a dispute, the union may feel that there is no alternative but to call on its members to take industrial action.
However, for the industrial action to be lawful, it must meet certain conditions. One of these is that the union calling for the action must hold a properly conducted secret ballot.
For information on the other conditions, see lawful industrial action.
The law sets out certain requirements that the union must satisfy for the ballot to be legitimate. These requirements are set out below.
1. Independent scrutiny
For a ballot where more than 50 members have the right to vote, the union must appoint a qualified independent person as the scrutineer of the ballot. Information on who qualifies as a scrutineer is available from the Labour Relations Agency (LRA) - contact the LRA.
The total number of members with the right to vote can be an aggregate number of members from one - or more than one - workplace and where this is more than 50, scrutiny procedures must be followed.
A scrutineer must be, to the best belief of the union, independent of the union and able to carry out their duties competently.
The scrutineer's terms of appointment must include producing a report on the conduct of the ballot. They must produce the report as soon as reasonably practicable after the date of the ballot - and not later than four weeks after that date.
The union must provide a copy of the scrutineer's report to any union member who was entitled to vote in the ballot and any employer of such a member who requests one within six months of the date of the ballot.
The copy must be supplied as soon as reasonably practicable and free of charge - or on payment of a reasonable fee specified by the union. The scrutineer's report must say whether or not the ballot has been conducted fairly and lawfully.
See the Department for the Economy's code of practice on industrial action ballots and notice to employers for further information on scrutineers.
2. Sending employers notice of the ballot and a sample voting paper
The union must take such steps as are reasonably necessary to ensure that any employer of any union members who are entitled to vote receives certain information.
The union must send this information not later than the seventh day before the intended opening day of the ballot, ie the first day when a voting paper is sent to any person entitled to vote.
The notice must be in writing and must:
- state that the union intends to hold the ballot
- specify the date which the union reasonably believes will be the opening day of the ballot
- provide a list of the categories of employee to which the employees concerned belong, a list of the workplaces at which the employees concerned work, figures on the number of employees in each category, the number of employees at each workplace, the total number of employees concerned plus an explanation of how these figures were arrived at
Note that the lists and figures mentioned above do not need to be provided in full where the workers concerned pay their union subscriptions by deduction from pay at source, ie through the so-called 'check off' system.
In such circumstances, the notice must contain either:
- those same lists, figures, and explanations as set out above
- information that will allow the employer to easily work out the total number of employees concerned, the categories of employee to which they belong, the number of employees concerned in each of those categories, the workplaces at which the employees concerned work, and the number of them at each of these workplaces
The 'employees concerned' are those whom the union reasonably believes will be entitled to vote in the ballot.
Not later than the third day before the intended opening day of the ballot, the union must send the employer a sample of the voting paper (and any variants of it) which will be sent to the workers concerned.
The paper must:
- state the name of the independent scrutineer, where appropriate
- give the return address, and the date, it is to be returned by
- have a number, which is one of a series of consecutive numbers used to give a different number to each voting paper
- make it clear whether voters are being asked if they are prepared to take part in - or to continue to take part in - industrial action which consists of a strike, or industrial action short of a strike (which includes overtime bans and call-out bans)
- specify the person(s) and/or class(es) of person(s) who the union intends to have authority to make the first call for industrial action relating to the ballot, if the vote is in favour of industrial action
The paper must also contain the following statement: "If you take part in strike or other industrial action, you may be in breach of your contract of employment. However, if you are dismissed for taking part in a strike or other industrial action which is called officially and is otherwise lawful, the dismissal will be unfair if it takes place fewer than twelve weeks after you started taking part in the action, and depending on the circumstances may be unfair if it takes place later."
That statement must not be qualified or commented upon by anything else on the voting paper.
3. Timing of the ballot and related action
If members vote in favour of industrial action, the action must begin within four weeks of the date of the ballot.
However, a union may be allowed to make its first call for industrial action more than four weeks after the date of the ballot if either:
- the employer and union agree on an extension of up to a further four weeks, eg to continue with talks that are making progress
- an injunction granted by a court (or an undertaking given by the union to the court) prohibits the union from calling for industrial action during some part, or the whole, of the four weeks following the date of the ballot, and the injunction subsequently lapses or is set aside, or the union is released from its undertaking
In the latter case, a union may apply for a court order which, if granted, would provide that the period of the prohibition would not count towards the four-week period for which ballots are normally effective.
The union must apply to the court no more than eight weeks after the date of the ballot. In such cases, the ballot cannot be effective if a union's first call for industrial action is made more than 12 weeks after the date of the ballot.
If the court believes that the result of a ballot no longer represents the views of union members, or that something has happened or is likely to happen that would result in union members voting against taking, or continuing with, action if there were a fresh ballot, it may not make such an order.
Note that a union cannot gain statutory immunity merely by holding a properly conducted secret ballot after previously calling for industrial action without one.
4. Entitlement to vote
All those members whom the union - at the time of the ballot - reasonably believes will be induced by the union to take part in or continue with the industrial action, must be given the equal entitlement to vote. No one else may be given a vote - otherwise, the ballot will be invalid.
The union may choose whether or not to give a vote to 'overseas members', ie members other than merchant seamen and offshore workers who are outside Northern Ireland at the time of the ballot.
However, members who are in Great Britain throughout the voting period for an industrial action ballot and who will be called upon to take part in, or continue with the industrial action must be given entitlement to vote in the ballot if either:
- their place of work is in Northern Ireland and the ballot is of members at their place of work
- the industrial action to which the ballot relates will involve members in Great Britain as well as Northern Ireland and the ballot is a general one covering workplaces in both Great Britain and Northern Ireland
Members required to be given entitlement to vote by either of these requirements do not count as 'overseas members' for the purposes of the law on industrial action balloting.
The ballot will also be invalid if anyone denied entitlement to vote is subsequently called on to take part in the action by the union with the exception of union members who either:
- were not members at the time of the ballot
- were members at the time of the ballot but who it was not reasonable for the union to expect to be called upon to take action, eg because they changed jobs after the ballot
Where the members of a union with different workplaces are to be balloted, a separate ballot will be necessary for each workplace unless one of the conditions set out below is met. It will be unlawful for the union to organise industrial action at any such workplace where a majority of those voting in the ballot for that workplace have not voted 'Yes' in response to the relevant required question(s). If a worker works at or from a single set of premises, their workplace is those premises. If not, it is the premises with which their employment has the closest connection.
In summary, the conditions for holding a single ballot for more than one workplace are that:
- at each of the workplaces covered by the single ballot there is at least one member of the union affected by the dispute
- entitlement to vote in the single ballot is given and limited to all of a union's members who, according to the union's reasonable belief, are employed in a particular occupation or occupations by one employer or any of a number of employers with whom the union is in dispute
- entitlement to vote in the single ballot is given and limited to all of a union's members who are employed by a particular employer or any of a number of employers with whom the union is in dispute
It is possible for a union to hold more than one ballot on a dispute at a single workplace. If the conditions above are met, some or all of those ballots may also cover members in other workplaces.
5. Voting procedures
Voting must be made by the marking of a voting paper. The union should have sent the employer a sample of this at least three days before the start of the voting.
Those voting must be allowed to do so without interference from or constraint imposed by the union or any of its members, officials, or workers.
So far as is reasonably practicable, every member properly entitled to vote must be:
- able to vote in secret
- given a convenient opportunity to vote by post at no direct cost to themselves
- sent a voting paper by post to their home address or any other address which they have asked the union, in writing, to treat as their postal address
There is a limited exception to these rules for the balloting of union members who are merchant seamen and the union reasonably believes that they will be employed in a ship at sea (or outside Northern Ireland) at some time during the voting period and that it will be convenient for them to vote while on the ship or where the ship is.
The voting paper must ask whether or not the voter is prepared to take part in - or continue to take part in - either:
- a strike
- action short of a strike, eg, an overtime or call-out ban
While the question(s) may be framed in different ways, the voter must be able to answer either 'Yes' or 'No' to indicate whether they are willing to take part in - or continue with - the industrial action.
The voting paper must specify the person(s) or description of the person(s) who the union intends to have authority to call for industrial action to which the ballot relates if the vote is in favour of industrial action.
For this purpose, anyone so specified need not be authorised under the union's rules to call on members to take industrial action but must be among those for whose acts the union is responsible in law.
6. Majority support
Majority support must be obtained in response to the question(s) on the voting paper that is appropriate to the type of industrial action concerned, ie:
- in the case of a strike, majority support must be obtained in response to a question on the voting paper which asks if members are prepared to take part in (or continue with) strike action
- in the case of action short of a strike, majority support must be obtained in response to a question on the voting paper which asks if members are prepared to take part in (or continue with) action short of a strike
- if the action consists or may consist of a strike and other industrial action, majority support must be obtained for each type of action in response to separate questions on the voting paper asking if members are prepared to take part in (or continue with) each type
Majority support means the majority of those who actually vote, not the majority of those entitled to vote.
7. Announcing ballot results
A union must, as soon as reasonably practicable after holding an industrial action ballot, take steps to inform all those entitled to vote, and their employer(s), of the number of:
- votes cast in the ballot
- spoiled voting papers
- individuals answering 'No' to the required question(s)
- individuals answering 'Yes' to the required question(s)
Where separate workplace ballots are required, these details must be notified separately to those entitled to vote at each workplace.
If overseas members of a trade union have been given entitlement to vote in an industrial action ballot, the detailed information about its result need not be sent to them. However, the information supplied to non-overseas members in accordance with the statutory requirements must give separate details relating to overseas and non-overseas members. For these purposes, members in Great Britain given entitlement to vote do not count as overseas members.
8. Consequences of a union's failure to meet balloting requirements
If a union fails to satisfy the statutory requirements relating to the ballot or to give employers notice of industrial action (apart from certain small accidental failures that are unlikely to affect the result), this failure will give grounds for proceedings against a union by:
- a customer
- an employer
- a supplier of an employer
- an individual member of the public claiming that an effect or likely effect of the industrial action would be to prevent or delay the supply of goods or services to them or to reduce the quality of goods or services supplied
With the exception of failures to comply with the requirements to give notice to employers, such failures will also give grounds for action by the union's members.
If a union fails only to provide the required notice of intent to ballot or the sample voting paper to a particular employer who should have received it, only that employer or any individual deprived of goods or services because of the industrial action can bring proceedings.
Failure to satisfy any other balloting requirements will expose the union to proceedings brought by others, eg by its own members.
9. Calls for industrial action from individuals unspecified on the voting paper
A ballot will not give a union statutory immunity from legal proceedings if industrial action is called by a person not specified or described on the voting paper.
Therefore, if someone calls for action other than a specified person and no call is made by a specified person, the union would be at risk of proceedings being brought against it unless it effectively repudiated the call.
10. Statutory code of practice on industrial action notices and ballots
The Department for the Economy's statutory code of practice for industrial ballots and notice to employers promotes good practice in the conduct of industrial action ballots arranged by a trade union and in the preparation of notices to employers.
Failure to observe the provisions of the code does not in itself render a union, or anyone else, liable to any legal proceedings. However, where proceedings are brought against a union, the provisions of the code are admissible in evidence and may be taken into account by a court if they appear relevant to any question before it.
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Notice periods on family-related leave
Contractual and statutory notice periods
Minimum legal notice periods for employers and employees and the written statement of particulars of the employment contract.
An employee who has worked for a company continuously for one month or more must receive notice of dismissal/redundancy.
An employee who has worked for a company continuously for one month or more must give notice of their intention to leave.
These notice periods must be included in a written statement of employment particulars which must be issued to your employee within two months of them starting work.
Read Labour Relations Agency (LRA) guidance on preparing a written statement of the main terms and conditions of employment.
Employer notice periods
The minimum legal notice period to be given by an employer is:
- one week's notice if the employee has been employed by the employer continuously for one month or more, but for less than two years
- two weeks' notice if the employee has been employed by the employer continuously for two years, and one additional week's notice for each further complete year of continuous employment, up to a maximum of 12 weeks
An employer can include longer periods of notice in the employment contract.
Note that if you plan to make 20 or more employees redundant special conditions apply. See redundancy: the options.
Employee notice periods
The minimum statutory notice period which must be given by an employee is at least one week's notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service.
The minimum notice does not apply to casual workers, independent contractors, or freelance agents - see employment status.
Unless a contract states otherwise, notice can be given on any day. The notice period runs from the start of the day after the day on which the notice was given. So, if a week's notice is given on a Monday, the period of notice will begin on Tuesday and expire at the end of the following Monday.
Some contracts of employment contain special terms about notice, eg in contracts of employees who have access to information that you wish to protect from a competitor. See when workers leave your employment.
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Notice periods on family-related leave
Rights, responsibilities and notice periods for employees and employers.
An employee intending to take maternity or paternity leave must give notice before the end of the 15th week before the expected date of birth and state the expected week of childbirth and the date of the start of the leave - they can change this date with 28 days' notice. An employee taking paternity leave should also state how much leave is being taken.
An employee taking shared parental leave must give their employer eight weeks' notice (before the leave starts) of their intention to take shared parental leave.
For adoption leave employees must notify the employer within seven days of being notified that they have been matched for adoption, the date the child is expected, and the date the leave is to start.
Unless there is a collective agreement in force with a different period then employees must give 21 days' notice to the employer to take any period of parental leave.
An employee must also give notice before taking Parental Bereavement Leave. How much notice depends on when they're taking leave. They should tell you the date of the child's death or stillbirth when they want their Parental Bereavement Leave to begin and how much leave they are taking. See notice periods for Parental Bereavement Leave and Pay.
Returning to work
Employees returning from maternity or adoption leave don't have to give any notice if returning at the end of their entitled leave. The employer is responsible for telling the employee when leave expires.
If an employee wants to return early, eight weeks' notice must be given to the employer. If not, the employer can postpone the return until the full eight weeks' notice has been given or until the date when the maternity/adoption leave would have ended, whichever is earlier. However, the employer may not postpone an employee's return to a date later than the end of the maternity/adoption leave period.
If the employee does not want to return to work at the end of a period of leave, they must give their normal contractual period of notice. An employee is not required to say in advance whether they intend to return after maternity or adoption leave.
Dismissal
A dismissal on grounds of, or connected with maternity, paternity, adoption, parental bereavement, shared parental or parental leave will be regarded by an industrial tribunal as automatically unfair and risks amounting to unlawful sex discrimination.
It is not unlawful to dismiss an employee on maternity, paternity, adoption, parental bereavement, shared parental or parental leave providing it is not for reasons connected with the leave.
If there is a redundancy situation while an employee is off on maternity, adoption, or shared parental leave, the employee is entitled to be offered a suitable alternative vacancy where there is one before it is offered to any other employees. It would be unlawful to make an employee redundant without first complying with this requirement. The employee is entitled to the statutory notice period, or the notice specified in the employment contract, whichever is longer, or payment in lieu of notice (if the contract provides for it or, in the absence of any contractual provision, the employee is willing to accept pay in lieu of notice).
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Varying the notice period
How to terminate a contract without notice, agree to shorter notice periods or offer pay instead of notice.
The statutory or contractual notice period can be varied in a number of circumstances.
Summary dismissal
This occurs when an employee is dismissed without notice - summary dismissal - for gross misconduct. However, subject to statutory procedures, unless there is a proper investigation and an appeal hearing, an industrial tribunal/arbitrator might find that the dismissal was unfair.
Breach of contract
The employee can also terminate the contract of employment without notice if the employer has fundamentally breached the contract by their conduct.
Right to waiver
Employers and employees can both waive their right to notice, ie the employer and employee can agree to a shorter notice period. This must be by mutual agreement, and neither an employer nor employee can opt out of the minimum legal periods when forming a contract of employment.
Pay in lieu of notice
This will be a breach of contract unless the contract expressly provides for it or the employee is willing to accept pay in lieu of notice.
Minimum notice periods
The employment contract can be varied by agreement between the parties, but the statutory minimum notice periods will still apply.
Counter-notice
An employee who has been given notice of dismissal can give counter-notice to leave on an earlier date than the one on which the employer's notice period ends. The minimum statutory notice that an employee must give is one week, but usually, their contractual notice period will be longer than this. For the purposes of unfair dismissal legislation, the employee will still be treated as having been dismissed.
Redundancy notice
If an employee who has been given a redundancy notice wants to leave before their notice expires, eg to start a new job, they can ask the employer to agree to an earlier termination date. If the employer agrees, they will still get their redundancy payment.
However, if the employer objects they may withdraw the original redundancy notice and refuse to give the employee a redundancy payment. The employee could apply to an industrial tribunal which will decide whether the employee should get all, part of, or none of the redundancy payment.
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Notice periods: minimum payment rights
Payment rights during notice periods and in lieu of notice and compromise agreements.
An employee who continues to work during the period of notice is entitled to receive normal pay and benefits - including pay rises - for that period in line with their employment contract.
Employees with specified normal working hours
Employees whose contract specifies normal working hours and whose employment is terminated with notice are entitled to receive a minimum hourly rate for any normal working hours during the notice period that they are:
- ready and willing to work, but no work is provided
- unable to work due to sickness or injury
- absent from work wholly or partly because of pregnancy, childbirth or paternity, adoption, parental bereavement, shared parental or parental leave
- on holiday in accordance with the terms of employment
Employees without specified normal working hours
Employees whose contract does not specify normal working hours are entitled to receive at least a week's pay during the notice period for each week that they are:
- ready and willing to do work of a nature and amount to earn a week's pay
- unable to work due to sickness or injury
- absent from work wholly or partly due to pregnancy, childbirth or paternity, adoption, parental bereavement, shared parental or parental leave
- on holiday in accordance with the terms of employment
These minimum payment rights apply whether it is the employer or the employee who gives notice. If the employee gives notice, the employer can delay making the payments until the employee leaves at the end of the notice period - and does not have to make the payments at all if the employee goes on strike during the notice period.
The minimum average hourly rate of pay is a week's pay divided by the number of normal weekly hours. There are legal rules for calculating a week's pay for this purpose. To find out how to calculate pay, see our guide on pay: employer obligations.
Contractual notice period
Where the employee is not working during the notice period the employee will lose the statutory right to full pay during the notice period where the contract requires the employer to give at least one week more than the minimum statutory notice. The employee in such a case will be paid in accordance with the contract of employment, which may be statutory sick pay or full pay or half pay or whatever other contractual rights apply during lay-off, sickness, etc. It is important to seek legal advice before withholding notice pay from employees on family-related leave.
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Notice periods: payment in lieu and compromise agreements
Payment instead of working notice and setting out financial and other terms in an agreement.
An employee may simply work out a period of notice. They can also take payment in lieu, or have a compromise agreement with their employer.
Payment in lieu
Employers who don't need employees to work out all or part of the notice period can make a payment in lieu of notice if the contract allows for it or the employee is willing to accept it. This should cover all the benefits the employee would otherwise have enjoyed during the notice period, including pay, bonuses, accrued holiday, etc.
It is important to take legal advice when deciding whether or not to include a payment in lieu provision in the contract, as its inclusion can have a knock-on effect on your ability to enforce restrictive covenants against the employee. Restrictive covenants are designed to prevent employees from disclosing or using confidential information, trade secrets, etc, and/or soliciting or dealing with customers during a specified period after leaving the business. Restrictive covenant law is challenging, and it is recommended that you take legal advice prior to drawing any up. There are also important tax provisions.
Compromise and conciliated agreements
A compromise agreement is a single agreement setting out the financial and all other terms on which the employment relationship will end. The compromise agreement must meet certain requirements to be viewed as legally binding including; being in writing, signed by both parties and the employee must have had the benefit of independent legal advice. The employee is then unable subsequently to make a claim in the courts or an industrial tribunal.
A conciliated agreement is a legally binding agreement, facilitated through the Conciliation Service of the Labour Relations Agency (LRA), between an employer and employee to settle an existing or potential claim to the Industrial or Fair Employment Tribunal. As with a compromise agreement, the employee agrees to 'settle out of court' by accepting the financial or other compensation that the employer is offering in return for signing away their right to pursue their claim. This service is provided free of charge by the LRA.
Compromise or conciliated agreements can be useful in circumstances where the employer wishes to avoid the publicity, costs, or uncertain outcome of a tribunal or court case.
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Withdrawing notice
Withdrawal of notice issues and further guidance on the subject.
Once an employer or employee gives notice, it cannot be withdrawn unless both parties agree.
Thus, if an employer gives notice to an employee and later changes their mind, the employee can still consider themselves as dismissed from the date of termination specified by the notice.
See our guides on dismissing employees and when an employee resigns.
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Dismissal due to illness
In this guide:
- Dismissing employees
- Types of employee dismissal
- Fair dismissal
- Unfair dismissal
- Unfair dismissal: employee eligibility
- Dismissals on capability grounds
- Dismissals relating to industrial action
- Dismissal due to illness
- Dismissals on conduct grounds
- Whistleblowing and dismissal
- Whistleblowing: Qualifying disclosures
- Whistleblowing: Exceptionally serious failures
- Whistleblowing: Right of complaint to an industrial tribunal
Types of employee dismissal
The different types of staff dismissal and unfair dismissal claims.
There are several types of staff dismissal:
- fair dismissal
- unfair dismissal
- constructive dismissal
- wrongful dismissal
Fair and unfair dismissal
A dismissal is fair or unfair depending on your reason or reasons for dismissal and whether you act reasonably during the dismissal process. Industrial tribunals/arbitrators follow previous legal decisions in deciding what is reasonable. What is unfair dismissal and what is fair dismissal?
Constructive dismissal
Constructive dismissal occurs where an employee resigns because you have substantially breached their employment contract, for example:
- cutting wages without agreement
- unlawfully demoting them
- allowing colleagues to subject them to harassment, bullying, victimisation, humiliation or discrimination
- unfairly increasing their workload
- changing the location of their workplace without contractual authority
- making them work in dangerous conditions
The breach of contract can result from either a single serious event or the last in a series of less serious events.
An individual may claim constructive unfair dismissal. A constructive dismissal is not necessarily an unfair one but it's hard for an employer to show that an action in breach of the contract was, in fact, fair.
Wrongful dismissal
Wrongful dismissal is where a contractual term is broken in the dismissal process, for example, dismissing an employee without giving them proper notice.
For further information see the Employers' Handbook Section 18: Disciplinary issues and dismissal (PDF, 95K).
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Fair dismissal
You must have a valid reason for dismissing an employee - understand the reasons that constitute a fair dismissal.
To dismiss an employee fairly, you must first have a fair reason for doing so. Potential reasons for fair dismissal include:
- conduct
- capability
- redundancy
- a statutory requirement which could prevent the employment continuing, such as a driver losing their driving licence
- some other substantial reason - any other potentially fair reasons fall into this category
An example of 'some other substantial reason' would be the dismissal of an employee who was taken on as a temporary replacement for an employee on maternity leave. For such a dismissal to be fair, you must have told the replacement employee at the beginning of their employment that the job was only temporary.
In order for any dismissal to be fair, you must also act reasonably and fairly during the dismissal procedure.
Acting reasonably
There is no statutory definition of 'reasonableness'. Reasonableness will be judged taking into account the employer's size and resources and will also consider whether the employer:
- raised and dealt with the issue promptly and consistently throughout the process
- genuinely believed that the reason for dismissal was a potentially fair one
- had reasonable grounds for that belief
- carried out proper and reasonable investigations where appropriate
- followed statutory dismissal and disciplinary procedures
- informed the employee in writing why they were being considered for dismissal and listened to their views
- allowed the employee to be accompanied at disciplinary/dismissal hearings and appeals
- gave the employee the chance to appeal against the decision to dismiss
Reasonableness may also depend on whether the employee could be expected to understand the consequences of their behaviour.
Dismissal and disciplinary procedures
You must set out your dismissal and disciplinary rules and procedures in writing. Sample dismissal procedures (DOC, 14K).
There is a minimum statutory procedure that must be followed when you decide to dismiss an employee. Failure to follow this procedure may result in a finding of automatic unfair dismissal.
If you fail to follow the statutory procedure, where it applies, and the issue is subsequently heard by a tribunal, any compensation awarded to the employee could be increased by between 10% and 50%.
You should follow the good practice advice set out in the Labour Relations Agency (LRA) Code of Practice on Discipline and Grievance.
Additional advice, including sample procedures, can be found in the LRA guidance on advice on handling discipline and grievances at work.
Though tribunals/arbitrators do not have to take this booklet into account, it provides more detail and guidance which may be helpful.
Summary dismissals
Summary dismissal is the dismissal of an employee without notice or pay in lieu of notice - this occurs when they have committed an act of gross misconduct.
You should investigate the circumstances of the misconduct before dismissing the employee.
However, if you feel that you have no choice but to dismiss an employee, you must still follow statutory procedures.
Staff probationary periods
If you decide to dismiss an employee during their probationary period, you must follow at least the statutory dismissal and disciplinary procedure.
Third-party pressure to dismiss an employee
If a customer or client threatens to withdraw their business unless you dismiss one of your employees, only an industrial tribunal/arbitrator can determine whether or not such a dismissal is fair. Such dismissals are normally categorised as 'some other substantial reason'.
You cannot however take into account pressure exerted by a trade union by the calling or threatening of industrial action.
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Unfair dismissal
Reasons that automatically constitute the unfair dismissal of an employee.
Even if you think you have dismissed an employee fairly, they could decide to bring an unfair dismissal claim because they believe that:
- the reason you gave for the dismissal wasn't the real one
- you dismissed them for an unfair reason - see unfair dismissal
- you acted unreasonably, eg by failing to give the employee plenty of warning in the run-up to taking the decision to dismiss them
How to fairly dismiss an employee fairly
If you think you may have to dismiss an employee, make sure that you:
- Have a fair reason for dismissal.
- Follow - at the very least - the statutory dismissal procedure. If you unreasonably fail to follow the statutory dismissal procedure and the issue is heard at tribunal, any compensation awarded to the employee could be increased by between 10% and 50%.
- Follow any contractual disciplinary/dismissal procedure you may have, as well as the guidance outlined in the Labour Relations Agency (LRA) Code of Practice on Discipline and Grievance Procedures. Your contractual procedure should comply with the code.
See fair dismissal.
Penalties for unfair dismissals
If an employee has been unfairly dismissed, the employer may be ordered to reinstate or reengage the employee. This however is an exceptional outcome.
Invariably, a tribunal or arbitrator will award compensation, made up of a basic award that depends on the employee's age, gross weekly pay, length of service, and a compensatory award.
They can also make an additional award if you fail to follow an order to reinstate or re-engage the employee.
Apart from in health and safety and whistleblowing cases, there is a limit on the amount which can be awarded for unfair dismissal. For the latest limits on awards, see our table of current tribunal and arbitration compensation limits.
The Labour Relations Agency Arbitration Scheme
The Labour Relations Agency (LRA) Arbitration Scheme provides an alternative to having a case heard by a tribunal to resolve an employment-related dispute (for example, claims of unfair dismissal, breach of contract or discrimination, etc).
The scheme is quicker, confidential, non-legalistic, less formal, and more cost-effective than a tribunal hearing.
Under the scheme, an arbitrator's decision is binding as a matter of law and has the same effect as a tribunal.
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Unfair dismissal: employee eligibility
Employer consequences if you dismiss someone unfairly.
Employees can usually only claim unfair dismissal if they have worked for you for at least one year.
There are a number of reasons for dismissal that are automatically unfair. Most of these do not require the employee to have a minimum of one year's service, ie the employee will be able to claim unfair dismissal from day one of employment.
Who cannot complain to a tribunal about unfair dismissal?
The right to complain to a tribunal about unfair dismissal is also not available to:
- Self-employed people.
- Those who are not employees, eg casual workers, independent contractors or freelance agents.
- Members of the armed forces.
- Employees who have reached a settlement with their employer via Labour Relations Agency (LRA) conciliation.
- Individuals working under an illegal contract, eg a barman who is under the age of 18 years old or employees in receipt of untaxed monies.
- Employees covered by a dismissal procedure agreement that has been exempted from the unfair dismissal provisions by legislation. This is a rarely exercised legal provision.
- Employees taking part in unofficial industrial action (unless the dismissal is for certain specified reasons, eg taking family leave or making a protected disclosure). For more information, see the page in this guide on dismissals relating to industrial action.
- The police (although police staff may make unfair dismissal claims where the dismissal relates to health and safety or the making of a protected disclosure).
- Those employed as a master - or as a member of the crew - of a fishing vessel where the individual is paid only by a share in the profits or gross earnings of the vessel.
- Employees who have reached a settlement with their employer via a 'compromise agreement'. This is an agreement reached, with the benefit of a relevant independent advisor who has professional indemnity insurance, in which the employee waives their right to make a complaint in relation to the dispute to which the settlement relates. This means that the agreement must specify the legal basis for the dispute - it cannot state that it covers all the possible employment-related claims.
Exemption from the unfair dismissal provisions
The parties to a dismissal-procedures agreement can apply jointly to the Department for the Economy to substitute provisions of the unfair dismissal legislation. Such substitution may be allowed if all the following points are satisfied:
- every trade union which is a party to the agreement is independent
- the agreement has a procedure to be followed if an employee claims to have been unfairly dismissed
- the procedure is non-discriminatory and available to all relevant employees
- the procedure gives employees a similar level of protection to that provided by the legislation
- the agreement includes provision either for arbitration in every case or allows arbitration in cases where a decision can't be reached or where a decision raises a question of law
- the agreement clearly defines which employees it applies to
Lay-offs and short-time working
You may temporarily lay off an employee or put them on short-time working, eg because of a downturn in work. This does not necessarily amount to a redundancy dismissal. You can only do this if the terms of their contract of employment allow it or by agreement with the employee. See Employers' Handbook Section 23: Lay-off and short time working (PDF, 33K).
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Dismissals on capability grounds
How to dismiss an employee fairly when they are incapable of doing their job properly or commit some form of misconduct.
Sometimes an employee is incapable of doing their job to the required standard. This may be because they don't have the right skills or aptitude for the job.
They may also be capable of doing their job, but unwilling or reluctant to do it properly. In these particular circumstances, you would deal with the issue as one of misconduct and follow your company disciplinary procedures and the statutory dismissal and disciplinary procedures (if they apply). Otherwise capability is a separate dismissal category to misconduct. See dismissals on conduct grounds.
In most cases involving capability, you can help an employee improve by taking informal action, eg by offering training/mentoring or another suitable job (you would only redeploy to another suitable job if this is something that they agree to at this stage).
Capability dismissals: lack of skills/aptitude
To ensure that any resulting capability dismissal is fair when formal action is taken - you should:
- Inform the employee in writing of the performance issues that exist and invite them to a meeting to discuss these issues.
- Following the meeting, give an employee who is found to be performing unsatisfactorily a written note, as a summary and explanation ideally, setting out the performance problems identified at the meeting, the improvement that is required, a reasonable timescale for achieving this improvement, a review date and any identified measures of support you will provide to assist them to meet the required standards.
- Inform your employee that the note represents the first stage of a formal procedure and that failure to improve could lead to a final written warning and, ultimately, dismissal. You should keep a copy of the note and use it as the basis for monitoring and reviewing performance over the specified timescale - see managing staff performance. You should also inform the employee that they may appeal at any stage of the formal process.
- If there is a failure to improve in the timescale outlined, repeat the above procedure and issue a final written warning.
- If again there is a failure to improve within the timescale set out in the final written warning, this may result in dismissal.
- Finally, you should note that some exceptional acts of incapability can merit summary dismissal.
- Throughout the formal process, employees have the right to be accompanied to all meetings and appeal meetings and to appeal to a more senior manager - ideally one not involved in the initial meetings. To read more on the right to be accompanied, read the LRA Code of Practice on Disciplinary and Grievance Procedures.
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Dismissals relating to industrial action
How to ensure that you dismiss an employee fairly for reasons relating to industrial action.
It is automatically unfair to dismiss workers for taking part in official industrial action:
- In the 12-week period from the day the industrial action starts.
- That lasts longer than 12 weeks - but only if you haven't taken reasonable steps to resolve the dispute. Only an industrial tribunal/arbitrator can decide whether or not you've taken the necessary steps to resolve the dispute.
Subject to some exceptions (see below), an employee dismissed while taking part in unofficial industrial action can't generally claim unfair dismissal.
For the difference between official and unofficial industrial action, see our guide on industrial disputes.
If you 'lock-out' employees taking industrial action, the days of the lock-out are not included in the calculation of the 12-week protected period. A lock-out is where you prevent employees from getting to their workplace, eg by locking the doors to the premises.
Apart from this - subject to some exceptions (see below) - an industrial tribunal/arbitrator can't hear a complaint of unfair dismissal from an employee dismissed while taking part in official industrial action as long as you have:
- dismissed all those who were taking part in the action on the same date that you dismissed the person complaining of unfair dismissal
- not offered re-engagement to any dismissed employee within three months of the dismissal date without making the person complaining of unfair dismissal a similar offer
Exceptions
The exceptions are that a tribunal/arbitrator can hear a complaint of unfair dismissal from an employee dismissed while taking part in industrial action - either official or unofficial - if the main reason:
- was that the employee took certain specified types of action on health and safety grounds
- related to maternity/paternity/adoption/parental/shared parental/parental bereavement leave, pregnancy or time off for a dependant
- was that the employee exercised their rights under the Working Time Regulations (Northern Ireland) 2016
- related to the right to request flexible working arrangements
- was that the employee had been summoned or took time off work for jury service
- was that the employee took certain specified types of action as an employee representative or as a candidate to become one, or taking part in the election of such a representative
An industrial tribunal/arbitrator can also hear a complaint of unfair dismissal from an employee dismissed while participating in unofficial industrial action if the reason or main reason for the dismissal was that the employee made a protected disclosure.
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Dismissal due to illness
How to handle dismissing an employee due to long-term ill health.
Dismissal due to capability may also include instances where the employer dismisses because the employee is no longer capable of doing the job they were employed to do because of illness.
Occasionally an employee may have to leave your employment because of long-term ill health. Sometimes the employee will simply choose to resign. However, you might eventually have to consider dismissing them.
In order for a dismissal to be potentially fair, you must ensure that you regularly communicate and consult with the employee, take appropriate medical advice, consider the effects of the absence on the business, consider alternatives to dismissal and, if appropriate, take account of any reasonable adjustments as required under disability discrimination legislation. See employ and support people with disabilities.
Finally, before dismissing an employee you must also ensure you comply with the statutory dismissal procedures.
Prior to dismissal due to illness
Before dismissing an employee, you should consider as many ways as possible to help them back to work - dismissal is a last resort and could be unfair if not handled properly. It is also very important that you determine whether or not they are disabled under the Disability Discrimination Act 1995.
You can consider getting a medical report from their GP (with their written permission), or an occupational health assessment. Remember to ask the questions that are relevant to the job, as this will enable you to get the information you need to make an informed decision. The employee has the right to see the GP report before you and may choose not to disclose some information.
If their continued employment is no longer feasible because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them.
During any dismissal procedure, you should treat all employees with sensitivity. You should also act fairly and reasonably. Your dismissal procedure must follow the statutory dismissal requirements.
If you unreasonably fail to follow the statutory dismissal procedures when dismissing and the employee is successful in unfair dismissal proceedings, any compensation awarded by the tribunal or arbitrator could be increased by between 10% and 50%.
If the employee who is subject to the procedure is disabled, you will also have to consider making any possible reasonable adjustments to allow for their needs; you have to address disability discrimination laws, so this is important.
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Dismissals on conduct grounds
How to dismiss employees involved in incidents of misconduct.
If you find that an employee has been involved in an incident of misconduct, the action you take depends on how serious it is. For example:
- If the misconduct relates to a minor issue, the penalty for a first offence would normally be a verbal warning. This would be followed by a written warning if the offence is repeated within a specified timescale. Further occurrences would result in a final written warning and ultimately dismissal if repeated again.
- If the misconduct relates to a more serious issue, the employer may issue a final written warning for a first offence followed by dismissal for any further repeat of the offence within a specified time scale.
- The Labour Relations Agency (LRA) Code of Practice applies the statutory procedures to the issue of warnings as a matter of good practice.
- If the misconduct is of a very serious nature, the employer may dismiss for a first offence.
- No disciplinary action should be taken until there has been a thorough investigation into the alleged misconduct.
- Details of the alleged misconduct should be set out in writing and given to the employee prior to any hearing taking place.
- The employee must be offered the right to appeal against any decision taken within the formal procedure
- Throughout the formal process, employees have the right to be accompanied to all meetings and appeal meetings and to appeal to a more senior manager - ideally one not involved in the initial meetings
- The LRA Code of Practice on Disciplinary and Grievance Procedures recommends that verbal warnings remain on file for a six-month period and written warnings for a 12-month period.
Discipline and dismissal have a statutory procedure which must be followed and if it is not, where it applies, this may result in a finding of automatic unfair dismissal.
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Whistleblowing and dismissal
Protection from dismissal or detrimental treatment for workers who disclose a suspected relevant failure at work.
Workers who suspect wrongdoing and 'blow the whistle' to disclose these concerns to their employer are protected from dismissal or other negative consequences - as long as certain criteria are met. This law intends to help businesses quickly identify and resolve such problems.
The term 'workers' refers to those who work under:
- a contract of employment, eg employees
- some other contract to perform work personally, eg casual workers
It does not cover the genuinely self-employed.
The whistleblowing law also covers NHS practitioners, such as:
- GPs
- certain dentists
- pharmacists
- opticians
It also covers:
- agency workers
- certain categories of trainee
- those who contract to provide services to the Department of Health
- those who contract to provide services to a business via their own limited company - even if introduced via an employment agency or employment business
- student nurses and student midwives who undertake work experience as part of a course of education or training approved by, or under arrangements with, the Nursing and Midwifery Council (NMC)
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Whistleblowing: Qualifying disclosures
The types of disclosure that are eligible for protection from dismissal.
The types of disclosure that are eligible for protection are known as 'qualifying disclosures'.
These are where the worker reasonably believes that the disclosure is being made in the public interest and at least one 'relevant failure' is currently happening, took place in the past, or is likely to happen in the future.
Relevant failures can be:
- a criminal offence
- a miscarriage of justice
- damage to the environment
- the breach of a legal obligation
- a danger to the health or safety of any individual
- the deliberate covering up of information tending to show any of these matters
The same protection applies even if the qualifying disclosure concerns a relevant failure overseas or where the applicable law is not that of the UK.
Disclosures that can be characterised as being of a personal rather than public interest, will not be protected.
The belief does not need to be correct. The worker only needs to show that they held the belief and that it was a reasonable belief in the circumstances at the time they made the disclosure.
The disclosure is not a qualifying disclosure if:
- by making the disclosure, the worker has committed an offence, eg under the Official Secrets Act 1989
- the information should be protected from disclosure because of legal professional privilege, eg the disclosure has been made by a legal adviser (or their secretary) who has acquired the information in the course of providing legal advice
Qualifying disclosures made internally
A worker is protected if they make a qualifying disclosure to either:
- their employer - either directly or by using a procedure authorised by the employer for that purpose
- to another person who the worker reasonably believes to be solely or mainly responsible for the relevant failure
Ideally, you should have a whistleblowing policy that includes a procedure to follow if a worker wishes to make a qualifying disclosure.
Qualifying disclosures made externally
A worker is protected if they make a qualifying disclosure to an appropriate 'prescribed person'. These are certain statutory bodies - or people within them - who have the authority to receive disclosures relevant to the role of that particular body. Breaches in health and safety law, for example, can be brought to the attention of the Health and Safety Executive for Northern Ireland or the appropriate local council.
Public Interest Disclosure guidance.
For the disclosure to be protected, the worker must:
- reasonably believe the information and any allegation it contains are substantially true and are in the public interest to disclose
- reasonably believe they are making the disclosure to the relevant person or body
A qualifying disclosure is also a protected disclosure if it is made:
- to a government minister or a Northern Ireland Department Permanent Secretary by someone working in a government-appointed organisation - this could be directly or via departmental officials and in the public interest to disclose
- to a legal adviser in the course of obtaining legal advice - there are no further conditions attached
Other circumstances where an external disclosure is protected
A qualifying disclosure continues to be a protected disclosure if the conditions below are met.
Firstly, the worker must:
- not act for personal gain
- reasonably believe the information - and any allegation contained in it - is substantially true
In addition, one or more of the following conditions must be met:
- the worker must have previously disclosed the same information to their employer or to a prescribed person
- the worker reasonably believed they would be subjected to a detriment by their employer if the disclosure was made to the employer or a prescribed person
- in the absence of an appropriate prescribed person, the worker reasonably believed that disclosure to the employer would result in the destruction or concealment of information about the wrongdoing
Finally, it must be reasonable for the worker to make the disclosure. An industrial tribunal/arbitrator will decide whether the worker acted reasonably in all the circumstances, particularly taking into account:
- the seriousness of the relevant failure
- whether the relevant failure is continuing or likely to occur again
- whether the worker followed any internal procedures approved by the employer
- what action has, or might reasonably be expected to have, been taken where a previous disclosure was made to the employer or a prescribed person
- whether the disclosure breaches the employer's duty of confidentiality to others
- the identity of the person to whom the disclosure was made
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Whistleblowing: Exceptionally serious failures
How workers are protected when reporting an exceptionally serious failure in the workplace.
If the relevant failure is exceptionally serious, any qualifying disclosure made externally will be protected if the worker:
- does not act for personal gain
- reasonably believes the information disclosed, and any allegation contained in it, are substantially true
Also, it must be reasonable for the worker to make the disclosure in view of all the circumstances - with particular regard to the identity of the person to whom the disclosure is made.
Only an industrial tribunal/arbitrator can decide whether or not the relevant failure is exceptionally serious. This will be a matter of fact and not simply a matter of the worker reasonably believing it to be exceptionally serious.
Raising a grievance and making protected disclosures
Employees do not necessarily have to raise a grievance in order to make a protected disclosure.
For more information about grievance procedures, see our guide on handling grievances.
There may be good reasons why a worker wishes their identity to remain confidential. The law does not compel an organisation to protect the confidentiality of a whistleblower. However, it is considered best practice to maintain that confidentiality, unless required by law to disclose it.
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Whistleblowing: Right of complaint to an industrial tribunal
If an employee is dismissed for making a protected disclosure, they may bring a claim to an employment tribunal.
An employee may bring a claim for unfair dismissal if they are dismissed for making a protected disclosure. A tribunal/arbitrator will find any such dismissal to be automatically unfair.
An employee or other worker who believes they have been subjected to a detriment for making a protected disclosure can bring a complaint of detrimental treatment.
A worker subjected to a detriment by a co-worker in the course of that co-worker's employment with the employer, on the grounds that the worker made a protected disclosure, may be able to take a case to an Industrial Tribunal against both the co-worker and their employer.
A detriment can be either an act or a deliberate decision not to act by the employer. Whether an employee or other worker has suffered a detriment will be decided by the tribunal/arbitrator.
Examples of detrimental treatment include:
- threats of dismissal
- withholding a pay rise
- discrimination in promotion, transfer, or training opportunities
- failure to confer a benefit on a person who failed to accept an unlawful inducement that would have been conferred on them had they accepted the offer
Workers who are not employees cannot claim unfair dismissal. However, their dismissal could amount to a detriment and therefore they could still bring a detrimental treatment claim.
Remedies
Where a tribunal or arbitrator finds that an employee's complaint of unfair dismissal is justified, they will order either:
- reinstatement/re-employment
- the payment of compensation
Where an employee or other worker complains they have been subjected to a detriment and the tribunal or arbitrator finds the complaint well-founded, they will make a declaration to that effect and may order the payment of compensation.
An industrial tribunal will have the discretion to reduce a compensatory award by up to 25% in the event that it finds the disclosure has not been made in good faith.
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Workplace policies to help you protect your assets
In this guide:
- Set up employment policies for your business
- Advantages of employment policies
- Employment policies: what types should I use?
- Working time and time off policies
- Equality and diversity workplace policies
- Health and safety workplace policies
- Disciplinary, grievance, bullying and harassment policies
- Workplace policies to help you protect your assets
- Anti-bribery policies
- Training and performance management policies
- Pay, rewards and benefits policies
- Managing personal relationships at work
- Writing and communicating staff policies
Advantages of employment policies
Why it’s beneficial to have employment policies in place in your business.
There are many advantages to having suitable employment policies in place. For example, setting standards within your business can help with healthy workplace relations.
Benefits of having employment policies
Other advantages of having employment policies can include:
- a reduction in the need for disciplinary and legal action
- increased productivity and morale
- better employee retention
- employees know what is expected of them
- protection from breaches of employment legislation
- a framework where a delegation of decision-making is equitably agreed upon can maintain morale
- providing a means of communicating information to new employees
Clear policy making can also be positive for your business' reputation externally, eg among clients and the local community.
Having suitable policies in place can also make it easier to attract new staff.
To access templates for workplace policies that you can download, tailor, and use, see HR documents and templates.
Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
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Employment policies: what types should I use?
A list of the common types of employment policies that employers can set up.
The employment policies that you have will depend on the size and nature of your business. For example, if your staff operate machinery, it may be a good idea to implement a specific staff policy on drugs and alcohol use. If most of your staff use computers most of the time, you should have an email and internet acceptable use policy.
Common types of employment policies
Type of Employment policy Further Information Maternity/paternity/adoption/parental bereavement policy Statutory leave and pay entitlements Working time and time off policy Working time Equality and diversity workplace policy Diversity, equality, and inclusion in the workplace Health and safety policy Health and safety Pay policy Staff pay Bullying and harassment policy Bullying and harassment Rewards, benefits and expenses policy Expenses and benefits Discipline/dismissal and grievance policy Dismissing employees Redundancy policy Redundancy, restructures, and change Measures to improve performance or manage change Bribery policy Anti-bribery policies Policies on the use of company facilities, eg email, internet, and phone use Other key HR policies and templates Training and development policy Performance management and staff training templates Policy of right of search/social media usage Policies to help you protect your assets Patents and copyrights policy Patents, trademarks, copyright, and design Confidential information policy UK General Data Protection Regulation (UK GDPR) Policies on whistleblowing/protected disclosures Policies to help you protect your assets Smoking, drugs, and alcohol policies Workplace policies on smoking, drugs, and alcohol Sickness absence policy Absence and sickness policies: what to include Flexible working policy Flexible working: the law and best practice Hybrid working policy Hybrid working - employer guidance
To access employment policy templates that you can download, tailor, and use for your business, see HR documents and templates.Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
Employment policies: legal requirements
Note that it is a legal requirement to set out your health and safety policy in writing if you have five or more employees. It is also a legal requirement to set out your disciplinary rules and discipline and grievance procedures in writing.
If, following an assessment, there is a risk that someone performing services for your business might carry out acts of bribery, you will need to have a procedure in place to prevent such acts. Read more on anti-bribery policies.
Communicating your employment policies
A workplace policy can be part of your employee/company handbook or you could set it out in a separate document. However, for your discipline and grievance policies, you must either set them out in a written statement of main terms and conditions of employment or refer in a written statement to a place where the employee can read them, eg the company intranet.
You should make staff aware that your employment policies exist, particularly during the induction process - see induction programme: what to include, and make sure workers can easily access them if necessary, eg by having them pinned up on a noticeboard or put on the company intranet.
Employment policies: contractual status
Workplace policies generally aren't contractually binding unless they expressly state otherwise.
However, terms of some employment policies could be seen as contractually binding through custom and practice, ie where workers follow certain working practices or receive certain benefits over a significant period of time, and ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
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Working time and time off policies
Polices covering leave and absence, working hours, and overtime.
A policy on working time and time off should cover a number of areas.
Leave and absence
Occasionally, your workers will want or need time off.
In certain circumstances, you are legally obliged to give your workers time off, eg to take annual leave, attend health and safety training, time off for dependants, and carry out trade union duties. See parental leave and time off for dependants and allowing time off work.
In other circumstances, you can use your discretion, eg requests involving moving house or looking after a sick relative. However, having policies in place that pre-empt these types of requests will ensure that you deal with such matters consistently.
Working hours
Workers aged 18 years old or above may only work an average of 48 hours per week averaged out over a 17-week period (other limits apply for younger workers). However, they have the right to sign an opt-out agreement, which allows them to work more than this.
It's a good idea to manage these working hours and keep appropriate records. See hours, rest breaks, and the working week.
Overtime
You are not obliged to offer overtime to your workers or require them to work it. However, any overtime policy should still set out the rules on overtime. This is particularly important if your workers have come to expect regular overtime - they could claim it had become a contractual entitlement through custom and practice.
Rates of overtime pay should be agreed with employees, as no minimum statutory levels apply, although you should ensure that workers are paid at least the national minimum wage for all hours worked. See how to manage overtime.
Work-life balance
Encouraging work-life balance is important for your business. To achieve this, and as they are statutory rights, you should definitely have policies on:
- parental leave
- flexible working
- maternity, adoption, and paternity leave and pay
See how to promote good work/life balance in your business.
To access templates that you can download, tailor, and use, see time off work policies and procedures.
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Equality and diversity workplace policies
How promoting equality and diversity policies can benefit your business and create an open, communicative workplace.
Workers are protected from discrimination on a wide range of grounds, eg gender, sexual orientation, and age. See how to prevent discrimination and value diversity.
Business benefits of promoting diversity
Many successful businesses go much further and actively promote diversity in both their strategic and human resources policies. If you value everyone as an individual, research shows that diversity can help stimulate creative interaction, motivate employees, and improve business performance.
If you do not yet have an equality and diversity policy in place, you could find it a useful management and recruitment tool. It should:
- explain your business' stance on diversity
- show how you intend to achieve a diverse working environment
- describe how managers and staff can participate in the business's commitment to diversity both within and outside the organisation
It's therefore important that workers contribute to the policy-making process. You can do this by asking them for their views on, for example:
- promoting good relationships in the workplace between individuals, managers, teams, and employers
- treating all workers fairly
- valuing and respecting differences
- understanding workers' needs to balance work and family commitments
- how to communicate with individuals through formal and informal communication channels
Equality guidance for small businesses
The Equality Commission supports businesses and helps to promote good practice in equality, diversity, and inclusion. Read the Equality Commission guidance for small businesses.
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Health and safety workplace policies
Legal obligations and best practices when writing health and safety policies.
If you have five or more employees, you must by law have a written health and safety policy. The health and safety policy should set out:
- your general approach and objectives in relation to health and safety
- the arrangements you have in place for managing health and safety in your business
However, good health and safety practice means that you should not only have such a policy but also manage it in a way that benefits your business, workers, clients, and local community.
Write a health and safety policy for your business.
Read Health and Safety Executive for Northern Ireland (HSENI) guidance on health and safety.
Policies to promote staff well-being
To promote the health and well-being of your staff, you also might want to consider policies on specific health-related issues, such as:
- stress at work - see how to deal with stress
- smoking, drugs, and alcohol - see workplace policies on smoking, drugs, and alcohol
To back up your health and safety policies, you may decide to introduce a range of facilities promoting good health amongst your workforce, eg gym access deals (dependant on gym contract terms), advice on how to give up smoking, alcohol or drugs counselling, and routine health check-ups.
The benefits for your business can include the improved overall health of your workers, and improved morale and productivity. See what you need to do about health and safety.
Consultation on health and safety matters
You're required by law to consult your employees on health and safety issues in the workplace and to make them aware of what's in your policy. See how to provide health and safety training and information.
However, you may decide to encourage them to get involved more fully in the process. This could involve devising safety rules, as well as giving useful feedback on how effectively policies are working.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
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Disciplinary, grievance, bullying and harassment policies
The legal requirement to have written workplace disciplinary and grievance policies.
You are required by law to set out your disciplinary rules and disciplinary and grievance procedures, in writing.
It's also common for employers to have a separate bullying and harassment policy for their workplace.
Discipline and grievance policies
You must tell each employee about:
- your disciplinary rules
- your disciplinary/dismissal and grievance procedure
- the name of the person to whom they should appeal if they are unhappy about a disciplinary or dismissal decision, or to seek redress for a grievance
This information can be included in the employee's written statement or the written statement may refer the employee to a document where they can read it, eg in a staff handbook - see Invest Northern Ireland Employers' Handbook.
If you fail to issue this information in writing, and one of your employees makes an industrial tribunal case against you and wins, you may have to pay up to four weeks' wages on top of any other compensation the tribunal may award.
It's important that your disciplinary rules give examples of the types of behaviour that qualify as gross misconduct, eg fighting, bullying, and stealing. If you find that an employee has committed an act of gross misconduct, you could be entitled to dismiss them summarily without notice or pay in lieu of notice. You should ensure that you comply with the statutory dismissal procedures and the LRA Code of Practice on Discipline and Grievance even when dismissing for gross misconduct.
Read more on disciplinary procedures, hearings, and appeals, handling grievances, and dismissing employees.
To access templates that you can download, tailor, and use, see grievance and disciplinary procedures and templates.
Employment document toolkit
If you require further help with drawing up your disciplinary and grievance policies, the Labour Relations Agency (LRA) has a free employment document toolkit. Once you have registered you can get access to their free core employment guides to help you build documents, policies, and procedures for your own organisation.
Bullying and harassment policies
Bullying and harassment are conduct issues and therefore would normally fall under your disciplinary policy. However, many employers have a separate bullying and harassment policy given that such behaviour:
- needs dealing with sensitively
- can amount to gross misconduct
- may involve unlawful discrimination
There is no legislation that is specifically designed to address workplace bullying. However, bullying can be successfully challenged through existing legislation, ie civil, criminal, and employment law.
You have a legal duty to protect the health and safety of your workers. Bullying can also lead to a breakdown in trust and confidence between you and the alleged victim, leading to the employee resigning and claiming constructive dismissal.
Sexual harassment and harassment on the grounds of sex, disability, race, sexual orientation, religion/belief, and age are unlawful. Even if a worker harasses a colleague, the victim can make a discrimination claim against you.
You should have a clear policy on bullying and harassment so that staff understands that it's unacceptable. The policy should also include a procedure for dealing with claims of harassment or bullying should they arise.
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Workplace policies to help you protect your assets
Policies that should help to protect your physical property, intellectual property, branding, reputation, and image.
It makes good business sense to have workplace policies on issues such as:
- intellectual property
- confidentiality
- social media usage
- use of company facilities
- dress and appearance
- whistleblowing
- the right to search
These help you protect both your tangible and intangible business assets, which, once lost, may be difficult to regain.
Policies on intellectual property protection and confidentiality
If you design products or create other original output, eg music or printed matter, it is important to protect your intellectual property.
Therefore you need a workplace policy that states that:
- any original product or material developed in the course of an employee's work remains the property of the business
- employees have a duty to keep company information confidential
If you intend to rely on any kind of penalty clauses, you should always seek legal advice.
Read more on protecting intellectual property.
Social media workplace policy
The use of social media at work presents responsibilities regarding employees using various sites. Having a written social media policy for your business provides clear guidelines for employees.
Read more on managing employee use of social media. Read the Labour Relations Agency's advice on social media and the employment relationship.
Policies on dress and appearance
You are entitled to set out a code covering how you expect employees to dress and generally present themselves. This is particularly important where there are health and safety issues involved, eg in factories, building sites, or kitchens.
However, you must ensure that these codes are non-discriminatory, particularly in relation to gender and religion/belief. Read the Fair Employment Code of Practice from the Equality Commission.
Policy on the use of company facilities
It's a good idea to set up clear policies about the use of company facilities. In particular, you should have a policy on the use of the internet, email, and telephone.
Most email and internet policies aim to strike a balance between business and personal use. Setting out boundaries will help to minimise the risk of:
- having to take disciplinary action against staff
- a third party taking legal action against you
- harm to your IT system
- leakage of confidential information
In addition, if you intend to monitor staff usage of company facilities then you should carry out an impact assessment in advance of this.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
Read more on monitoring and security of staff.
Whistleblowing policies
It is a good idea to have a policy on making protected disclosures - or 'whistleblowing'. This is because it will encourage workers to raise concerns about illegal activities and bad business practices internally - and prevent your business from receiving negative publicity.
Note that you do not need to treat the making of a protected disclosure as a grievance unless:
- the disclosure relates to a matter that the employee could raise as a grievance with you
- the employee intends for the disclosure to constitute the raising of a grievance
Read more on whistleblowing - qualifying disclosures.
Also see discipline, grievance, bullying, and harassment policies.
Right-to-search policies
You may only search an employee if this is allowed under their terms and conditions of employment.
Therefore, if you have a right-to-search policy, you should state that it is contractual. It is also important to remember that you should get an employee's consent before conducting a search.
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Anti-bribery policies
How to set up anti-bribery policies, and when your business may require them.
Your business may need to have a procedure in place to prevent acts of bribery.
You will only need such a procedure if - following an assessment - there is a risk that an agent, subsidiary or other person performing services for your business might carry out such acts.
Under UK law, there is a general offence of bribery, and of bribing a foreign official. Bribery is defined as giving someone financial or other advantages to induce them to perform their functions or activities improperly or to reward them for having already done so.
In addition, there is an offence relating to failure by a business to prevent a person associated with it from committing the above offences on its behalf in order to win business, keep business or gain a business advantage for the organisation.
You will have a statutory defence to the last of these offences if your business has adequate procedures in place to prevent bribery on your behalf.
Preventing bribery
To prevent bribery - and have a defence in case a charge of bribery is made against you - you should:
- assess whether your business is at risk and, if so, the level of that risk
- have an anti-bribery policy in place containing procedures proportionate to the risk you have identified, the scope and size of your business, and the country/countries in which you do business
- use due diligence to assess who you are dealing with and who you appoint to represent you
- communicate, train and raise awareness among employees and business partners
- monitor and review your procedures
Anti-bribery policy
Your anti-bribery policy should:
- include a clear prohibition of the offer, gift or acceptance of bribes
- detail the procedures that should be followed during business transactions
- give guidance on the provision of gifts, hospitality or expenses that may influence the outcome of business transactions
- provide guidance on political and charitable donations, including a prohibition of the payment of donations to political parties or charities that are directly linked to obtaining new business or gaining a business advantage
- require that any donations made in good faith are publicly disclosed
Note that the following are not considered acts of bribery:
- providing genuine business hospitality
- carrying out proportionate and reasonable promotional activities
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Training and performance management policies
Implement training policies and appraisal systems to encourage and develop the skills of your employees.
Having a training policy in place will enable you to plug any skills shortages in your workplace. This is beneficial to employees and will also have a positive impact on business performance.
A training policy can be implemented to allow employees to perform their current role more effectively or support them through a change in role.
You should ensure that your training policy is appropriate. This can be achieved by assessing whether it fits with your business plan and through discussions with employees, eg you may decide to offer training in-house for specific tasks, general company guidance for new starters, or refresher training for existing employees. Develop a staff training plan.
Performance management
Implementing an appraisal system is another way of improving your business performance. It represents a good opportunity to discuss with individual employees both their strengths and weaknesses, areas for development, and agree on new aims and objectives with them.
Businesses commonly carry out appraisals within a few months of a new employee starting or changing role within the business. For established employees, you may decide to use the appraisal system once or twice per year.
Some of the benefits of having appraisal-related performance targets are that employees understand what is expected of them and how these fit into the wider aims of the business. Targets are also a way of gaining useful feedback and ideas on how your business can be more effective in the future. Read more on managing staff performance.
To access templates that you can download, tailor and use, see performance management and staff training templates.
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Pay, rewards and benefits policies
Setting the right pay rates for your employees and establishing policies around rewards and benefits.
Pay is a key aspect of your relationship with your employees. Setting the right pay rates for your business will likely take into account your need to attract talented employees and retain those that you have already. Above all, pay rewards should be fair, and the process transparent. See how to set the right pay rates.
You may decide to implement a results-related pay system, such as commission or bonuses. These are provided by your business in addition to basic pay and can be used to reward employees who perform at a high level:
- commission is calculated based on the performance of an individual or a team
- bonuses may be connected to the performance of the entire business
Depending on the sector in which your business operates, eg in the catering trade, setting up a tips and gratuities system may be more appropriate. There are some circumstances when tips and gratuities can count towards the national minimum wage. See guidance on tips at work. For further advice on this, you may wish to contact HMRC.
You should be aware that there are certain types of business expenses that are tax deductible and others that are not. They may need to be disclosed to the relevant authorities. Read more on expenses and benefits.
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Managing personal relationships at work
Issues to consider on intimate personal or family relationships in the workplace.
Many personal relationships begin with people meeting at work, and many of these lead to long-term partnerships. This should not be viewed as a problem in itself, but it's important to recognise that relationships at work can cause a number of issues for both employers and the workforce.
Why have a workplace relationships policy?
Any employment policy about relationships at work is intended to ensure that staff don't commit - and are not open to allegations of acts of:
- inappropriate behaviour, including harassment
- favouritism
- abuse of authority
- conflict of interest
It is also intended to ensure that all employees feel confident of fair and consistent treatment without the fear that a relationship will influence their or other employees' treatment or wider working relationships.
Depending on the size of your business, you may also want to extend the policy to cover other types of relationships, such as those between relatives or family members.
Some companies go so far as to specify in employment contracts that employees can't form an intimate relationship with someone they work with, although this is probably unnecessary in most workplaces.
What types of relationships would a policy cover?
For the purposes of creating a policy, 'intimate relationships' or 'close personal or family relationships' apply to those relationships between people in the same team or department, or between a line manager and one of their team that could potentially be problematic. It does not refer to a straightforward friendship between colleagues.
Issues that could arise include the following:
- If one of the couple is the other's manager, what happens if disciplinary action has to be taken against the employee? Who will do the employee appraisals or performance reviews?
- Does either of the couple have any financial responsibilities, such as authorising expense claims or overtime payments, or deciding pay rates or increases?
- What happens when the employee applies for a post for which the manager would be conducting the interviews? Or when someone related to an existing employee applies for a job? (Conflicts of interest should, where possible, be avoided. This would minimise tribunal risks.)
General policy on relationships at work: what might it cover?
If you choose to have a policy about personal relationships at work, it should clarify the behaviour you expect from employees, eg that the relationship shouldn't affect their work and that there should be no favouritism or preferential treatment, particularly where one employee is more senior than the other.
You may wish to include guidance on what to do if an employee involved in recruitment is aware that a partner, relative, or even a close friend has applied for a job. You could state that they should declare this at the earliest opportunity.
Depending on the position and the employee's own role, you should consider:
- any potential conflict of interest
- how an appointment might affect the working environment
- any resulting risks that the relationship might cause
- what steps could be taken to address these matters
Remember that it can be a positive thing to have friends and family working together, as well as considering the potential risks.
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Writing and communicating staff policies
How to create staff policies and communicate them to your staff.
When writing staff policies the main steps are:
- Preparing - collecting information (anonymous staff views can be sought via a survey or series of surveys), opinions, and examining the options. Policies are more likely to be accepted if staff are involved in drawing them up. Involve unions, especially if you have collective agreements that specify they should be consulted, or existing elected employee representatives. Alternatively, set up a joint working group.
- Developing - policies should suit the specific needs of the business.
- Implementing - inform staff and provide training.
- Reviewing - this is to check that the policy is being used and is not damaging the business.
Check that your workplace policies are not unlawfully discriminatory, eg in relation to pay or dress/appearance.
Employment document toolkit
If in doubt, or if you require additional help with drawing up your employment documentation, the Labour Relations Agency (LRA) has a free employment document toolkit. Once registered you can access their free core employment guides to help you build documents, policies, and procedures for your own organisation. Find out about the free employment document toolkit.
How should policies be communicated to staff?
You could inform your staff of workplace policies by:
- displaying them on noticeboards where staff can easily read them
- adding details of them to the company network or intranet
- communicating in presentations
- including in a staff handbook
- including in a collective agreement with a union
- emailing details of your policies to staff
- sending as a written letter to the staff
- consider including any new policy as an item on team meeting agendas
- including in a staff induction programme
Making changes to workplace policies
If you wish to make a change to a policy, you will need the employee to agree to the changes, unless their contract allows you to make such variations without such agreement (typically terms in relation to working hours, place of work, and duties).
If you fail to get employees' agreement, they may be entitled to sue for breach of contract, or resign and claim constructive dismissal. Ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
Introducing new workplace policies
If you are planning to introduce a new policy in your workplace, you should consider the following:
- What is the purpose of the policy?
- Have you consulted with managers, workers, and their representatives?
- Has someone been given overall responsibility for the policy?
- How are you going to communicate the policy to all workers?
- Have you given workers enough notice about the new policy?
- Have you thought through the potential cost of the policy?
- Does the policy change anyone's employment contract?
- How are you going to monitor and maintain the policy?
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Disciplinary, grievance, bullying and harassment policies
In this guide:
- Set up employment policies for your business
- Advantages of employment policies
- Employment policies: what types should I use?
- Working time and time off policies
- Equality and diversity workplace policies
- Health and safety workplace policies
- Disciplinary, grievance, bullying and harassment policies
- Workplace policies to help you protect your assets
- Anti-bribery policies
- Training and performance management policies
- Pay, rewards and benefits policies
- Managing personal relationships at work
- Writing and communicating staff policies
Advantages of employment policies
Why it’s beneficial to have employment policies in place in your business.
There are many advantages to having suitable employment policies in place. For example, setting standards within your business can help with healthy workplace relations.
Benefits of having employment policies
Other advantages of having employment policies can include:
- a reduction in the need for disciplinary and legal action
- increased productivity and morale
- better employee retention
- employees know what is expected of them
- protection from breaches of employment legislation
- a framework where a delegation of decision-making is equitably agreed upon can maintain morale
- providing a means of communicating information to new employees
Clear policy making can also be positive for your business' reputation externally, eg among clients and the local community.
Having suitable policies in place can also make it easier to attract new staff.
To access templates for workplace policies that you can download, tailor, and use, see HR documents and templates.
Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
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Employment policies: what types should I use?
A list of the common types of employment policies that employers can set up.
The employment policies that you have will depend on the size and nature of your business. For example, if your staff operate machinery, it may be a good idea to implement a specific staff policy on drugs and alcohol use. If most of your staff use computers most of the time, you should have an email and internet acceptable use policy.
Common types of employment policies
Type of Employment policy Further Information Maternity/paternity/adoption/parental bereavement policy Statutory leave and pay entitlements Working time and time off policy Working time Equality and diversity workplace policy Diversity, equality, and inclusion in the workplace Health and safety policy Health and safety Pay policy Staff pay Bullying and harassment policy Bullying and harassment Rewards, benefits and expenses policy Expenses and benefits Discipline/dismissal and grievance policy Dismissing employees Redundancy policy Redundancy, restructures, and change Measures to improve performance or manage change Bribery policy Anti-bribery policies Policies on the use of company facilities, eg email, internet, and phone use Other key HR policies and templates Training and development policy Performance management and staff training templates Policy of right of search/social media usage Policies to help you protect your assets Patents and copyrights policy Patents, trademarks, copyright, and design Confidential information policy UK General Data Protection Regulation (UK GDPR) Policies on whistleblowing/protected disclosures Policies to help you protect your assets Smoking, drugs, and alcohol policies Workplace policies on smoking, drugs, and alcohol Sickness absence policy Absence and sickness policies: what to include Flexible working policy Flexible working: the law and best practice Hybrid working policy Hybrid working - employer guidance
To access employment policy templates that you can download, tailor, and use for your business, see HR documents and templates.Employment document toolkit
The Labour Relations Agency (LRA) also has a free employment document toolkit, once employers are registered they can unlock free core employment guides to help them build documents, policies, and procedures for their own organisation.
Employment policies: legal requirements
Note that it is a legal requirement to set out your health and safety policy in writing if you have five or more employees. It is also a legal requirement to set out your disciplinary rules and discipline and grievance procedures in writing.
If, following an assessment, there is a risk that someone performing services for your business might carry out acts of bribery, you will need to have a procedure in place to prevent such acts. Read more on anti-bribery policies.
Communicating your employment policies
A workplace policy can be part of your employee/company handbook or you could set it out in a separate document. However, for your discipline and grievance policies, you must either set them out in a written statement of main terms and conditions of employment or refer in a written statement to a place where the employee can read them, eg the company intranet.
You should make staff aware that your employment policies exist, particularly during the induction process - see induction programme: what to include, and make sure workers can easily access them if necessary, eg by having them pinned up on a noticeboard or put on the company intranet.
Employment policies: contractual status
Workplace policies generally aren't contractually binding unless they expressly state otherwise.
However, terms of some employment policies could be seen as contractually binding through custom and practice, ie where workers follow certain working practices or receive certain benefits over a significant period of time, and ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
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Working time and time off policies
Polices covering leave and absence, working hours, and overtime.
A policy on working time and time off should cover a number of areas.
Leave and absence
Occasionally, your workers will want or need time off.
In certain circumstances, you are legally obliged to give your workers time off, eg to take annual leave, attend health and safety training, time off for dependants, and carry out trade union duties. See parental leave and time off for dependants and allowing time off work.
In other circumstances, you can use your discretion, eg requests involving moving house or looking after a sick relative. However, having policies in place that pre-empt these types of requests will ensure that you deal with such matters consistently.
Working hours
Workers aged 18 years old or above may only work an average of 48 hours per week averaged out over a 17-week period (other limits apply for younger workers). However, they have the right to sign an opt-out agreement, which allows them to work more than this.
It's a good idea to manage these working hours and keep appropriate records. See hours, rest breaks, and the working week.
Overtime
You are not obliged to offer overtime to your workers or require them to work it. However, any overtime policy should still set out the rules on overtime. This is particularly important if your workers have come to expect regular overtime - they could claim it had become a contractual entitlement through custom and practice.
Rates of overtime pay should be agreed with employees, as no minimum statutory levels apply, although you should ensure that workers are paid at least the national minimum wage for all hours worked. See how to manage overtime.
Work-life balance
Encouraging work-life balance is important for your business. To achieve this, and as they are statutory rights, you should definitely have policies on:
- parental leave
- flexible working
- maternity, adoption, and paternity leave and pay
See how to promote good work/life balance in your business.
To access templates that you can download, tailor, and use, see time off work policies and procedures.
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Equality and diversity workplace policies
How promoting equality and diversity policies can benefit your business and create an open, communicative workplace.
Workers are protected from discrimination on a wide range of grounds, eg gender, sexual orientation, and age. See how to prevent discrimination and value diversity.
Business benefits of promoting diversity
Many successful businesses go much further and actively promote diversity in both their strategic and human resources policies. If you value everyone as an individual, research shows that diversity can help stimulate creative interaction, motivate employees, and improve business performance.
If you do not yet have an equality and diversity policy in place, you could find it a useful management and recruitment tool. It should:
- explain your business' stance on diversity
- show how you intend to achieve a diverse working environment
- describe how managers and staff can participate in the business's commitment to diversity both within and outside the organisation
It's therefore important that workers contribute to the policy-making process. You can do this by asking them for their views on, for example:
- promoting good relationships in the workplace between individuals, managers, teams, and employers
- treating all workers fairly
- valuing and respecting differences
- understanding workers' needs to balance work and family commitments
- how to communicate with individuals through formal and informal communication channels
Equality guidance for small businesses
The Equality Commission supports businesses and helps to promote good practice in equality, diversity, and inclusion. Read the Equality Commission guidance for small businesses.
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Health and safety workplace policies
Legal obligations and best practices when writing health and safety policies.
If you have five or more employees, you must by law have a written health and safety policy. The health and safety policy should set out:
- your general approach and objectives in relation to health and safety
- the arrangements you have in place for managing health and safety in your business
However, good health and safety practice means that you should not only have such a policy but also manage it in a way that benefits your business, workers, clients, and local community.
Write a health and safety policy for your business.
Read Health and Safety Executive for Northern Ireland (HSENI) guidance on health and safety.
Policies to promote staff well-being
To promote the health and well-being of your staff, you also might want to consider policies on specific health-related issues, such as:
- stress at work - see how to deal with stress
- smoking, drugs, and alcohol - see workplace policies on smoking, drugs, and alcohol
To back up your health and safety policies, you may decide to introduce a range of facilities promoting good health amongst your workforce, eg gym access deals (dependant on gym contract terms), advice on how to give up smoking, alcohol or drugs counselling, and routine health check-ups.
The benefits for your business can include the improved overall health of your workers, and improved morale and productivity. See what you need to do about health and safety.
Consultation on health and safety matters
You're required by law to consult your employees on health and safety issues in the workplace and to make them aware of what's in your policy. See how to provide health and safety training and information.
However, you may decide to encourage them to get involved more fully in the process. This could involve devising safety rules, as well as giving useful feedback on how effectively policies are working.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
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Disciplinary, grievance, bullying and harassment policies
The legal requirement to have written workplace disciplinary and grievance policies.
You are required by law to set out your disciplinary rules and disciplinary and grievance procedures, in writing.
It's also common for employers to have a separate bullying and harassment policy for their workplace.
Discipline and grievance policies
You must tell each employee about:
- your disciplinary rules
- your disciplinary/dismissal and grievance procedure
- the name of the person to whom they should appeal if they are unhappy about a disciplinary or dismissal decision, or to seek redress for a grievance
This information can be included in the employee's written statement or the written statement may refer the employee to a document where they can read it, eg in a staff handbook - see Invest Northern Ireland Employers' Handbook.
If you fail to issue this information in writing, and one of your employees makes an industrial tribunal case against you and wins, you may have to pay up to four weeks' wages on top of any other compensation the tribunal may award.
It's important that your disciplinary rules give examples of the types of behaviour that qualify as gross misconduct, eg fighting, bullying, and stealing. If you find that an employee has committed an act of gross misconduct, you could be entitled to dismiss them summarily without notice or pay in lieu of notice. You should ensure that you comply with the statutory dismissal procedures and the LRA Code of Practice on Discipline and Grievance even when dismissing for gross misconduct.
Read more on disciplinary procedures, hearings, and appeals, handling grievances, and dismissing employees.
To access templates that you can download, tailor, and use, see grievance and disciplinary procedures and templates.
Employment document toolkit
If you require further help with drawing up your disciplinary and grievance policies, the Labour Relations Agency (LRA) has a free employment document toolkit. Once you have registered you can get access to their free core employment guides to help you build documents, policies, and procedures for your own organisation.
Bullying and harassment policies
Bullying and harassment are conduct issues and therefore would normally fall under your disciplinary policy. However, many employers have a separate bullying and harassment policy given that such behaviour:
- needs dealing with sensitively
- can amount to gross misconduct
- may involve unlawful discrimination
There is no legislation that is specifically designed to address workplace bullying. However, bullying can be successfully challenged through existing legislation, ie civil, criminal, and employment law.
You have a legal duty to protect the health and safety of your workers. Bullying can also lead to a breakdown in trust and confidence between you and the alleged victim, leading to the employee resigning and claiming constructive dismissal.
Sexual harassment and harassment on the grounds of sex, disability, race, sexual orientation, religion/belief, and age are unlawful. Even if a worker harasses a colleague, the victim can make a discrimination claim against you.
You should have a clear policy on bullying and harassment so that staff understands that it's unacceptable. The policy should also include a procedure for dealing with claims of harassment or bullying should they arise.
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Workplace policies to help you protect your assets
Policies that should help to protect your physical property, intellectual property, branding, reputation, and image.
It makes good business sense to have workplace policies on issues such as:
- intellectual property
- confidentiality
- social media usage
- use of company facilities
- dress and appearance
- whistleblowing
- the right to search
These help you protect both your tangible and intangible business assets, which, once lost, may be difficult to regain.
Policies on intellectual property protection and confidentiality
If you design products or create other original output, eg music or printed matter, it is important to protect your intellectual property.
Therefore you need a workplace policy that states that:
- any original product or material developed in the course of an employee's work remains the property of the business
- employees have a duty to keep company information confidential
If you intend to rely on any kind of penalty clauses, you should always seek legal advice.
Read more on protecting intellectual property.
Social media workplace policy
The use of social media at work presents responsibilities regarding employees using various sites. Having a written social media policy for your business provides clear guidelines for employees.
Read more on managing employee use of social media. Read the Labour Relations Agency's advice on social media and the employment relationship.
Policies on dress and appearance
You are entitled to set out a code covering how you expect employees to dress and generally present themselves. This is particularly important where there are health and safety issues involved, eg in factories, building sites, or kitchens.
However, you must ensure that these codes are non-discriminatory, particularly in relation to gender and religion/belief. Read the Fair Employment Code of Practice from the Equality Commission.
Policy on the use of company facilities
It's a good idea to set up clear policies about the use of company facilities. In particular, you should have a policy on the use of the internet, email, and telephone.
Most email and internet policies aim to strike a balance between business and personal use. Setting out boundaries will help to minimise the risk of:
- having to take disciplinary action against staff
- a third party taking legal action against you
- harm to your IT system
- leakage of confidential information
In addition, if you intend to monitor staff usage of company facilities then you should carry out an impact assessment in advance of this.
To access templates that you can download, tailor, and use, see other key HR policies and templates.
Read more on monitoring and security of staff.
Whistleblowing policies
It is a good idea to have a policy on making protected disclosures - or 'whistleblowing'. This is because it will encourage workers to raise concerns about illegal activities and bad business practices internally - and prevent your business from receiving negative publicity.
Note that you do not need to treat the making of a protected disclosure as a grievance unless:
- the disclosure relates to a matter that the employee could raise as a grievance with you
- the employee intends for the disclosure to constitute the raising of a grievance
Read more on whistleblowing - qualifying disclosures.
Also see discipline, grievance, bullying, and harassment policies.
Right-to-search policies
You may only search an employee if this is allowed under their terms and conditions of employment.
Therefore, if you have a right-to-search policy, you should state that it is contractual. It is also important to remember that you should get an employee's consent before conducting a search.
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Anti-bribery policies
How to set up anti-bribery policies, and when your business may require them.
Your business may need to have a procedure in place to prevent acts of bribery.
You will only need such a procedure if - following an assessment - there is a risk that an agent, subsidiary or other person performing services for your business might carry out such acts.
Under UK law, there is a general offence of bribery, and of bribing a foreign official. Bribery is defined as giving someone financial or other advantages to induce them to perform their functions or activities improperly or to reward them for having already done so.
In addition, there is an offence relating to failure by a business to prevent a person associated with it from committing the above offences on its behalf in order to win business, keep business or gain a business advantage for the organisation.
You will have a statutory defence to the last of these offences if your business has adequate procedures in place to prevent bribery on your behalf.
Preventing bribery
To prevent bribery - and have a defence in case a charge of bribery is made against you - you should:
- assess whether your business is at risk and, if so, the level of that risk
- have an anti-bribery policy in place containing procedures proportionate to the risk you have identified, the scope and size of your business, and the country/countries in which you do business
- use due diligence to assess who you are dealing with and who you appoint to represent you
- communicate, train and raise awareness among employees and business partners
- monitor and review your procedures
Anti-bribery policy
Your anti-bribery policy should:
- include a clear prohibition of the offer, gift or acceptance of bribes
- detail the procedures that should be followed during business transactions
- give guidance on the provision of gifts, hospitality or expenses that may influence the outcome of business transactions
- provide guidance on political and charitable donations, including a prohibition of the payment of donations to political parties or charities that are directly linked to obtaining new business or gaining a business advantage
- require that any donations made in good faith are publicly disclosed
Note that the following are not considered acts of bribery:
- providing genuine business hospitality
- carrying out proportionate and reasonable promotional activities
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Training and performance management policies
Implement training policies and appraisal systems to encourage and develop the skills of your employees.
Having a training policy in place will enable you to plug any skills shortages in your workplace. This is beneficial to employees and will also have a positive impact on business performance.
A training policy can be implemented to allow employees to perform their current role more effectively or support them through a change in role.
You should ensure that your training policy is appropriate. This can be achieved by assessing whether it fits with your business plan and through discussions with employees, eg you may decide to offer training in-house for specific tasks, general company guidance for new starters, or refresher training for existing employees. Develop a staff training plan.
Performance management
Implementing an appraisal system is another way of improving your business performance. It represents a good opportunity to discuss with individual employees both their strengths and weaknesses, areas for development, and agree on new aims and objectives with them.
Businesses commonly carry out appraisals within a few months of a new employee starting or changing role within the business. For established employees, you may decide to use the appraisal system once or twice per year.
Some of the benefits of having appraisal-related performance targets are that employees understand what is expected of them and how these fit into the wider aims of the business. Targets are also a way of gaining useful feedback and ideas on how your business can be more effective in the future. Read more on managing staff performance.
To access templates that you can download, tailor and use, see performance management and staff training templates.
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Pay, rewards and benefits policies
Setting the right pay rates for your employees and establishing policies around rewards and benefits.
Pay is a key aspect of your relationship with your employees. Setting the right pay rates for your business will likely take into account your need to attract talented employees and retain those that you have already. Above all, pay rewards should be fair, and the process transparent. See how to set the right pay rates.
You may decide to implement a results-related pay system, such as commission or bonuses. These are provided by your business in addition to basic pay and can be used to reward employees who perform at a high level:
- commission is calculated based on the performance of an individual or a team
- bonuses may be connected to the performance of the entire business
Depending on the sector in which your business operates, eg in the catering trade, setting up a tips and gratuities system may be more appropriate. There are some circumstances when tips and gratuities can count towards the national minimum wage. See guidance on tips at work. For further advice on this, you may wish to contact HMRC.
You should be aware that there are certain types of business expenses that are tax deductible and others that are not. They may need to be disclosed to the relevant authorities. Read more on expenses and benefits.
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Managing personal relationships at work
Issues to consider on intimate personal or family relationships in the workplace.
Many personal relationships begin with people meeting at work, and many of these lead to long-term partnerships. This should not be viewed as a problem in itself, but it's important to recognise that relationships at work can cause a number of issues for both employers and the workforce.
Why have a workplace relationships policy?
Any employment policy about relationships at work is intended to ensure that staff don't commit - and are not open to allegations of acts of:
- inappropriate behaviour, including harassment
- favouritism
- abuse of authority
- conflict of interest
It is also intended to ensure that all employees feel confident of fair and consistent treatment without the fear that a relationship will influence their or other employees' treatment or wider working relationships.
Depending on the size of your business, you may also want to extend the policy to cover other types of relationships, such as those between relatives or family members.
Some companies go so far as to specify in employment contracts that employees can't form an intimate relationship with someone they work with, although this is probably unnecessary in most workplaces.
What types of relationships would a policy cover?
For the purposes of creating a policy, 'intimate relationships' or 'close personal or family relationships' apply to those relationships between people in the same team or department, or between a line manager and one of their team that could potentially be problematic. It does not refer to a straightforward friendship between colleagues.
Issues that could arise include the following:
- If one of the couple is the other's manager, what happens if disciplinary action has to be taken against the employee? Who will do the employee appraisals or performance reviews?
- Does either of the couple have any financial responsibilities, such as authorising expense claims or overtime payments, or deciding pay rates or increases?
- What happens when the employee applies for a post for which the manager would be conducting the interviews? Or when someone related to an existing employee applies for a job? (Conflicts of interest should, where possible, be avoided. This would minimise tribunal risks.)
General policy on relationships at work: what might it cover?
If you choose to have a policy about personal relationships at work, it should clarify the behaviour you expect from employees, eg that the relationship shouldn't affect their work and that there should be no favouritism or preferential treatment, particularly where one employee is more senior than the other.
You may wish to include guidance on what to do if an employee involved in recruitment is aware that a partner, relative, or even a close friend has applied for a job. You could state that they should declare this at the earliest opportunity.
Depending on the position and the employee's own role, you should consider:
- any potential conflict of interest
- how an appointment might affect the working environment
- any resulting risks that the relationship might cause
- what steps could be taken to address these matters
Remember that it can be a positive thing to have friends and family working together, as well as considering the potential risks.
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Writing and communicating staff policies
How to create staff policies and communicate them to your staff.
When writing staff policies the main steps are:
- Preparing - collecting information (anonymous staff views can be sought via a survey or series of surveys), opinions, and examining the options. Policies are more likely to be accepted if staff are involved in drawing them up. Involve unions, especially if you have collective agreements that specify they should be consulted, or existing elected employee representatives. Alternatively, set up a joint working group.
- Developing - policies should suit the specific needs of the business.
- Implementing - inform staff and provide training.
- Reviewing - this is to check that the policy is being used and is not damaging the business.
Check that your workplace policies are not unlawfully discriminatory, eg in relation to pay or dress/appearance.
Employment document toolkit
If in doubt, or if you require additional help with drawing up your employment documentation, the Labour Relations Agency (LRA) has a free employment document toolkit. Once registered you can access their free core employment guides to help you build documents, policies, and procedures for your own organisation. Find out about the free employment document toolkit.
How should policies be communicated to staff?
You could inform your staff of workplace policies by:
- displaying them on noticeboards where staff can easily read them
- adding details of them to the company network or intranet
- communicating in presentations
- including in a staff handbook
- including in a collective agreement with a union
- emailing details of your policies to staff
- sending as a written letter to the staff
- consider including any new policy as an item on team meeting agendas
- including in a staff induction programme
Making changes to workplace policies
If you wish to make a change to a policy, you will need the employee to agree to the changes, unless their contract allows you to make such variations without such agreement (typically terms in relation to working hours, place of work, and duties).
If you fail to get employees' agreement, they may be entitled to sue for breach of contract, or resign and claim constructive dismissal. Ultimately it will be up to an Industrial Tribunal to decide on the contractual nature of policies.
Introducing new workplace policies
If you are planning to introduce a new policy in your workplace, you should consider the following:
- What is the purpose of the policy?
- Have you consulted with managers, workers, and their representatives?
- Has someone been given overall responsibility for the policy?
- How are you going to communicate the policy to all workers?
- Have you given workers enough notice about the new policy?
- Have you thought through the potential cost of the policy?
- Does the policy change anyone's employment contract?
- How are you going to monitor and maintain the policy?
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