Workshop details
Objectives: two day workshop is designed for managers and supervisors with responsibilities for staff / employment. The workshop gives an essential understanding of key elements of employment law and related practical HR issues. It is designed to be very participative and delegates are encouraged to discuss matters which are relevant to them. During the workshop delegates will take part in syndicate activities and consider a number of case studies based on real Employment Tribunal cases.
Duration: Two day development workshop
Programmes are agreed on a client by client basis.
Details of the subjects covered in this programme:
Day 1
- Contracts of Employment:
- Elements of an employment contract
- Changing contractual terms
- Foreign Workers:
- Eligibility to work in the UK
- Checking acceptable documentation
- Liability for breaches
- Discrimination and Harassment:
- Types of Unlawful Discrimination in Employment, including:
- General concepts and legal requirements
- Protected characteristics
- Who can make a claim?
- The importance of being proactive not reactive
- Liability for Acts of Discrimination and Penalties:
- Liability of the employer
- Personal liability
- Employment Tribunal awards
- The Key Legal Principles relating to Discrimination, including:
- Direct and indirect discrimination
- Associative discrimination
- Discrimination through perception
- An employer’s defence
- Syndicate Groups – delegates will consider discrimination case studies based on actual Tribunal cases designed to reinforce key learning points and encourage relevant debate on practical issues
- Disability Discrimination, including:
- Defining disability
- Forms of disability discrimination
- Employer’s duty to make reasonable adjustments – the nature and extent
- Harassment and Bullying at Work, including:
- Key principles relating to harassment in employment
- External/off site business activities – maintaining acceptable standards
- The role of the manager as ‘custodian’ of an acceptable working environment
- Dealing with concerns and complaints
- Bullying
- Recruitment Skills – minimising the risk of Discrimination:
- Job descriptions and person specifications
- Conducting the interview – unacceptable questioning
- Competency based questions and selection
- Selection – objective recruitment decisions
- Syndicate Groups – Case Studies
Day 2
- Employment Rights
- Pregnancy, Maternity and Adoption
- Paternity leave
- Parental leave
- Time off for dependents
- Flexible working
- Handling Individual Grievances:
- Identifying a grievance – what is a grievance
- Addressing grievances correctly and effectively
- The consequences of failing to handle grievances correctly
- Managing Unsatisfactory Behaviour, Conduct and Performance:
- Standards of Performance and Behaviour:
- Setting the standards required/expected
- Communicating standards and expectations
- The key principles in addressing under-performance
- Identifying Unacceptable Performance or Behaviour:
- Determining whether the problem is conduct or capability
- The Legal Framework:
- The principles of unfair dismissal
- The requirement to act fairly and reasonably
- The importance of observing correct procedures
- Rules of natural justice and the ACAS Code of Practice
- Investigations and the importance of impartiality
- Employees who fail to attend a hearing
- The consequences – Employment Tribunal awards
- Short Service Employees/New Starters:
- The importance of regular monitoring of performance
- Dealing with problems/concerns
- The Right to be Accompanied by a ‘Companion’:
- Who qualifies as a companion?
- The role of a companion
- Dealing with Unsatisfactory Conduct, including
- Gross misconduct and less serious offences
- The degree of proof necessary
- Conduct outside work – is this relevant?
- Unauthorised/unexplained absence
- Syndicate Groups – delegates will consider a number of case studies relating to unfair dismissal and managing performance
- Handling grievances during/following formal proceedings
- Handling Capability Issues, including:
- Inefficiency and incompetence
- Long term sickness
- Short term/intermittent sickness
- The importance of up-to-date medical information
- Refusal of an employee to co-operate or allow access to their medical records
- Managing Special Situations, including:
- Attitude and co-operation issues
- Problems relating to drink or drugs
- Social networking
- Disabled employees – the impact of the Equality Act on dealing with unsatisfactory performance and conduct matters
- Syndicate Groups – Case Studies
If you would like someone to contact you in connection with the above, please get in touch with Anthony Wilcox, Partner in Employment Law.
