May 2016 Update Welcome to this month’s update - where we discuss the latest legislation and guidance. The story that made us smile was the employee who asked for flexible working to avoid his family. Top 10 Tips to avoid losing an Employment Tribunal Claim Here are 3 main mantras we recommend employers to stick by: be reasonable be consistent be nice- until it is time to stop being nice Here are our top 10 tips: 1. Don't have Company policies cluttering up the office unless your managers use them 2. Don't avoid dealing with performance issues with bland appraisals which do not highlight problem areas 3. Don't allow office banter to get out of hand or join in with it 4. Don't hope grievances will just go away - ignoring them won't help 5. Don't create a culture that appeals are never successful and nothing can ever be agreed to 6. Don't panic when an employee tells you they are pregnant - just be more careful 7. Don’t not allow a friend/spouse to be a companion at a disciplinary meeting - it depends 8. Don't write disparaging comments about employees to other managers on email 9. Don't allow employees to work in different ways than set out in their contracts - and then when you need it, try and revert to the contract 10. Don't Ignore employees when overworked/stressed by thinking they should 'man up' Employers: if your line managers are consistent, stick to the facts and deal with issues fairly as they arise it will go a long way. Contact us if you need help with any of these Dealing with Requests for References A reference can cause an employer worry and concern depending upon the circumstances of why the employee left. What do you say if an employee has under-performed, misbehaved or is not the sort of person you'd happily recommend... What form should the reference take? It is increasingly common to give basic references - just stating what the employee did, dates employed and that they had a clean disciplinary record. Some employers go a lot further detailing work capability and how they got on with colleagues. Be careful about giving out details on sickness if you are asked - it is acceptable to state the number of days off work in say a 12-month period but not the reason of the sickness (as this may be breaching Data Protection rules by giving out sensitive personal information). The bottom line is that as long as it is not misleading, the reference can be as bland as you like. It does not have to be detailed or comprehensive - which is often the way employers write references for employees who leave under a cloud. In this scenario to give a simple statement of facts can often get around the problem - although be careful stating this is your policy of reference writing if you give much more detailed references for other employees who are 'good leavers'. What about an employee who resigns half way through a disciplinary process for serious misconduct? You need to weigh up being fair to the employee but balance that with being truthful to the new employee, particularly if it a serious misconduct issue, which perhaps the new employer should know about. Be careful in telling new employers about allegations of misconduct that have not run their full course. Unless you have carried out a proper investigation and had reasonable grounds for believing the misconduct had happened, it would be negligent to mention it in a reference. Of course if you had already concluded the disciplinary process and a sanction had been given and the new employer asks about the disciplinary record this would be different. Employers: opinion can be dangerous territory, whichever type of employee you are dealing with, avoid subjectivity - stick to the facts. And remember be just as careful when giving a verbal reference. Contact us if you need help with Employment contracts and reference requests Refusing to extend PHI cover beyond age of 60 is not age discrimination A recent case has found that the employer's decision not to extend the PHI policy to cover employees over the age of 60 was not direct age discrimination. The decision helps provide guidance to employers that if they cease to make PHI payments on the grounds that the insurance provider's rules state that the benefits will cease at that age then this will not constitute direct age discrimination. Employers: should also note that under the Equality Act 2010 employers are able to cease offering PHI and other insured benefits at the age of 65 or state pension age, whichever is higher. Contact us if you need any help with wording in your contracts or handbooks For more information or assistance Email: enquiries@employmentlawsupport.co.uk You are receiving this e-mail from Employment Law Support. To stop receiving these emails, please send a return email with 'unsubscribe' in the title. Disclaimer: This newsletter is provided for general information only and does not constitute legal or other professional advice. If you require advice on a specific legal issue please contact enquiries@employmentlawsupport.co.uk. Employment Law Support accepts no responsibility for any loss which may arise from reliance on information contained in this newsletter. Employment Law Support Principal: Caroline Robertson Solicitor Non-Practising