Dealing with employees who misuse social media at work

Social media is good for business.  It reinforces positive images of your company, but it has a downside….

When faced with an employee whom you suspect has misused social media, here is some practical advice for what you can do:

1.  Quickly understand the facts – what has been posted, when, where and how?  What are the actual and likely consequences?

2.  Take PR advice, if necessary.

3.  Be clear about the policy breach you believe the employee may have committed.  How serious is it?

4.  Check that the relevant policies have been communicated to the employee.  Some will be quick to plead ignorance.

5.  Meet with the employee to discuss the posting, and carry out any further investigations that prove necessary and reasonable.

6.  Deal with any underlying grievance or whistleblowing issues.

7.  Decide whether or not to discipline.

 

FREE Seminar – HR Basics for Line Managers at Pure Offices, Aylesbury

Mandy Brearley, HR Specialist, from MB HR Support is  holding a FREE seminar on HR basics for Line manager on Tuesday 28th April 2015, 12 noon to 2.30pm at Pure Offices, Aylesbury.

We will be giving advice and covering all HR queries including;

recruitment and hiring documentation, dealing with poor performance and misconduct issues, managing grievances and sickness absence and disabled employees (full agenda below).

A sandwich lunch is provided.

To book at place please contact Mandy on 07766665665 or email mandy@mbhrsupport.co.uk.

Full Agenda

Recruitment & hiring documentation
Adverts and job descriptions
Avoiding discrimination
Conducting the interview
Selecting the candidate
Making the offer of employment
Taking references and making checks
Induction
Probationary period
Dealing with poor performance and misconduct issues
Consequences of not address the issue
Informal action plan
Formal process

Managing sickness absence
Dealing with long term and short term absences
Keeping records
Return to work interviews
Obtaining medical advice
Taking formal action

Taking grievances seriously
What is a grievance?
The grievance process
Taking action

Dealing with a disabled employee
What is a disability?
Medical advice & reasonable adjustment

Data protection obligations

Free seminar on HR Basics for Line Managers – 19th November

I will be running a free seminar on HR Basics for Line Managers on 19th November 2014 at Pure Offices in Oxford.  I will be covering:

  • Recruitment & hiring documentation
  • Dealing with poor performance and misconduct issues
  • Managing sickness absence
  • Taking grievances seriously
  • Dealing with a disabled employee
  • Data protection obligations

If you would like to attend please let me know for catering numbers.

mandy@mbhrsupport.co.uk             Tel:  07766665665

National minimum wage increased from 1st October 2014

The national minimum wage increases from £6.31 to £6.50 with effect from 1 October 2014. The youth rate increases from £5.03 to £5.13 per hour.

New payments to employers employing military reservists

New regulations come into force on 1 October 2014 which will help employers employing military reservists. At the moment, when called up, military reservists are paid directly by the Ministry of Defence. Employers can claim expenses in respect of additional costs incurred whilst replacing the reservist (to a maximum of £110 per day).

However, from 1st October, small and medium sized employers will also be able to receive up to £500 per month for each full month a reservist is absent from work (reduced pro rata for parts of a month, or part-time workers).

Anti-natal appointments from 1st October 2014 – new right to accompany pregnant women

The new right for employees and qualifying agency workers to unpaid time off to accompany a pregnant woman to ante-natal appointments comes into force on 1 October 2014.

The new right applies to the pregnant woman’s husband, civil partner or partner (including a same-sex partner), the father or parent of a pregnant woman’s child, and intended parents in a surrogacy situation who meet specified conditions. The entitlement is to unpaid leave for one or two appointments and the amount of time off is capped at 6.5 hours for each appointment.

There will also be the new right to paid and unpaid time off work for adopters to attend meetings in advance of a child being placed with them for adoption. This right will come into force on 5 April 2015.

Health and Work Service supplier announced

Health Management Limited, a Maximus Company, will deliver the government’s new Health and Work Service in England and Wales.

The state spends around £12 billion a year on health-related benefits and £2 billion a year in healthcare and foregone taxes and employers face an annual bill of around £9 billion for sick pay and associated costs.

To help reduce this cost the Government are to set up an Occupational Health Service and have announced that Health Management Limited are the appointed occupational health provider to help employees and employers manage sickness absence.

Employees on sick leave will normally be referred by their GPs and will receive an occupational health assessment when they reach, or are expected to reach, more than 4 weeks’ sickness absence.  Nearly a million employees a year reach the 4-week sickness absence point.

Occupational Health will create a return to work plan, which will be shared with the employee’s employer and GP.

More general health and work advice will be available to GPs, employers and employees via telephone and a website.

The service will be launched in late 2014 with a phased roll-out coming to a close by the end of May 2015.

Severely obese staff may gain disability rights

The Advocate General of the European Court of Justice (ECJ) stated that morbid obesity may come within the meaning of “disability” under EU law, following his opinion on the case of Karsten Kaltoft v Billund.  The Advocate General’s opinion is not binding on the ECJ. However, if the ECJ agrees its decision will be binding on UK national courts and tribunals, which will need to consider morbid obesity as a potential disability under the Equality Act 2010.

Implications for employers

If morbid obesity is deemed to be a disability under UK law, employers will be obliged to make reasonable adjustments for morbidly obese staff who are placed at a substantial disadvantage by their medical condition.  Which will mean employers will find themselves under a legal obligation to make adjustments, such as providing parking spaces close to the workplace entrance, special desks, duties which involve reduced walking or travelling or possibly even ensuring healthy meal options are provided in the staff canteen.

We await the decision from the ECJ

30th June – The right to request flexible working is extended.

From the 30th June 2014 the Children and Families Act 2014 extends the right to request flexible working to all eligible employees.  Employers will need to ensure that requests are considered reasonably and fairly to avoid the risks of discrimination claims.

Briefly, the right is extended to all employees whether or not they are parents or carers provided that:

  •  They have 26 weeks’ continuous employment at the date the request is made.
  • They have not made a request to work flexibly in the preceding 12 months.
  • They are not agency workers or office holders.

The current procedure for handling requests is abolished but employers must now deal with the application in a reasonable manner and notify the employee of the decision within 3 months.

It is therefore time to revise current policies to reflect the change to include all eligible employees.  You may also want to revise the procedure you take but if it reflects the current statutory procedure you may only want to make minimal changes as the process is already conducted in a reasonable manner.

One point to remember is that the legislation states only that an eligible employee can request a change to the hours they are required to work which means eligible employees can request reduce hours but also those on a flexible hours contract my also request to increase their hours.

Increase to National Minimum Wage – 14th October 2014

The government has announced the following rates will come into effect on 1 October 2014:

  • a 19p (3%) increase in the adult rate (from £6.31 to £6.50 per hour)
  • a 10p (2%) increase in the rate for 18-20 year olds (from £5.03 to £5.13per hour)
  • a 7p (2%) increase in the rate for 16-17 year olds (from £3.72 to £3.79 per hour)
  • a 5p (2%) increase in the rate for apprentices (from £2.68 to £2.73 per hour)