This article summarises the main non-proprietary questions that RLT Associates is currently asked, covering HR/ commercial issues that readers may need to consider over the next few months.
Q1: There are a number of free emailed subscriptions to UK law firms' newsletters and/or websites available on employment law. Are there any you recommend?
A. This depends on the nature of your business, your likely priorities and the nature of the working relationship you have with your form's employment lawyers - if you have them. Simmons & Simmons, Cameron McKenna, Norton Rose and Ashfords publish the newsletters that appear most helpful and user friendly. Eversheds also provide guidance on breaking IT legal issues that often have employment content. If you "subscribe" to two of these, you will almost certainly keep up with overall developments, since each firm has a slightly different slant. If your employment lawyers have emailed publications, get them anyway since it helps you ask your contact the right questions and keeps costs down.
Q2: What are the legal priorities for the year?
A. Getting to grips with age discrimination legislation sooner rather than later (see the January 2006 People Matters). In the past, many new laws had grace periods, though nobody would talk about this learning time. In this case, the final regulations will be available at least six months in advance of the October 2006 implementation, while at the same time your business may already have people with their eye on the prospects of allegedly easy litigation. So you can't rely on a period of grace. The main action point is to get all your managers and supervisory staff trained, so achieving the additional benefit of lessening the risks of vicarious liability should a claim arise. I understand that the Irish experience, where similar legislation already exists, provides a useful pointer: most of the claims there have been related to recruitment advertising.
Q3: What are the trends in Training and Development?
A. There has been a trend over the last few years to encourage staff to own their own learning, and the term learning rather than training is now often used. This is helpful, so long as it does not result in supervisors walking away from their responsibilities for coaching and guidance on gaps in knowledge, skills and experience. Distance learning through remote PC based courses helps with basic knowledge, but the idea of one type of training meeting all requirements, irrespective of individual needs and indeed temperaments, seems to me unhelpful. I am usually asked by clients to design and develop short management training workshops, combining guidance and actual practice that are tailor-made for small groups of staff and can be followed up later with one to one help.
Q4: How does the new Investors in People process fit into this?
A. The updated and revised standard now in force applies a slightly more commercial approach than before, and looks at the impact of all development activity more closely in terms of business plans and actual outcomes. The indicators remain a useful benchmark of good practice for small to medium businesses in particular, and can be considered as part of any quality drive.
Q5: As a CEO, I need to get my HR people to raise their game. What do I do?
A. As a first step, you may find it helpful to ask them to provide a draft business plan for the year that mirrors your own commercial plan, and use that as a basis for a non-threatening discussion on what might be missing.
Q6: I notice from recent stats that the typical level of an unfair dismissal award in an Employment Tribunal is fairly low. The average is under £ 7,500, with about twice that amount in discrimination cases. Doesn't this mean it is simpler to settle upfront and pay for the problem to go away?
A. As tempting as this might be, if you know that your organisation has met all the practical compliance requirements of the legislation and that the individual is essentially threatening you, then any compromised settlement, which will never be fully confidential, gives a clear message to others that you are fair game. Don't give in to blackmail. To help lower risks, make sure any possible grievance is thoroughly investigated at an early stage. (I have helped do this for organisations where all the senior staff are conflicted). It is true that the management costs of a long grievance investigation and related Tribunal case can be high, but challenging a spurious claim will prevent subsequent ones. Training your managers is important.
Q7: What are the trends in rewards?
A. We will be addressing this in a forthcoming issue of People Matters. In the meantime, you may find that pensions are a priority.
Q8: Are communications issues still a challenge?
A. These always feature in audits or opinion surveys, and now that actual consultation requirements are becoming mandatory in larger organisations, it is important that as a member of the top team you get this policy right. Saying your door is always open is not enough. There are some simple questions to ask yourself. Is the top team clear on its internal and external responsibilities? How is relevant information cascaded through the business after a senior meeting? Do staff at all levels know what they need to do their jobs properly? Do staff at all levels know and understand what the business is doing and planning to do? (Get a third party to ask the staff for their comments)
Q9: How have you found Business Link?
A. The skills of local advisers may vary, but it is certainly worth exploring the DTI and UK Trade and Industry websites and then making contact with your local Business Link if you are a SME and need to get advice. I have found the advisers I have dealt with in the past very helpful.
Q10: Does online recruitment work?
A. Yes, in some circumstances, but take care that you don't put off the candidates you need or attract discrimination claims from those whom you reject without interview. A cautious approach is to use reputable selection companies initially to host the recruitment rather than advertising directly.