Russell HR Consulting

The HR Headmistress notes that today has been designated Work Your Proper Hours Day when the TUC exhorts employees to do the hours they are paid to do.

The publicity exercise encourages the average person who does unpaid overtime to finish the unpaid days he does every year, (so says the TUC) take a proper lunch break and leave work on time to enjoy Friday evening.

They have provided a jolly little computer game described as the ‘online unpaid overtime calculator’ (for use during their employer’s time, no doubt).

Come on boys!  Many businesses are still struggling for survival, many more redundancies are expected this year  and you decide to work to rule.  Challenging times take massive effort (by all) to get things back on track.  This isn’t the time for politically correct posturings.

While the HR Headmistress fully supports the idea of reasonable work life balance (and accepts that the vast majority of employees do just that), she also supports the very interesting idea of ALL employees properly working the hours they’re paid to work.

If more underperforming employees stopped playing with their online overtime calculators, surfing for porn, shopping or watching the cricket online, etc, etc the rest of us wouldn’t have to work so hard to complete their work ………

If you would like to find out more about how to deal with underperforming staff in the workplace, we provide expert knowledge in the practical application of employment law. For more information, visit www.russellhrconsulting.co.uk  or contact us on 0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.

Canadian figure skater Joannie Rochette has been attracting admiration at the winter Olympics this week.  Just two days after her mother’s sudden death, she decided to continue competing and delivered an almost perfect performance.  Throughout her three minute performance to La Cumparsita, she remained composed.  But when the music ended, the crowd leapt to their feet and as dozens of bouquets started to rain down on the ice, she started to weep.  She was rewarded with a score of 71.36 points to stand third in the event.

Back in the UK employees have the right to take reasonable, unpaid time off work to deal with an emergency involving a dependent.   This includes the right to take reasonable time off to arrange and attend a funeral.

A dependant could be spouse or partner, child, parent, or anyone living in the employee’s household as a member of the family. A dependant may also be anyone who reasonably relies on him for help in an emergency, for example an elderly neighbour living alone who falls and breaks a leg.

In the case of bereavement, employers often contractually enhance the right and pay for a few days of absence to allow the bereaved employee to arrange and attend the funeral.  Sometimes called this is called compassionate leave.

What is reasonable time off will depend on the circumstances.  For example, one client had a Chinese worker.  She was an only child, her mother was dead and her father lived in Hong Kong.  When he became ill and died, the company allowed her to take six weeks off.  In another case, an employee lost a sister who lived locally.  She was given time off to help arrange and attend the funeral and support her elderly parents who were very shocked, but she was given substantially less time than the first employee.  Interestingly, there is no right to time off to grieve.

If you would like to find out more about how to deal with bereavement counselling and compassionate leave in the workplace, we provide expert knowledge in the practical application of employment law. For more information, visit www.russellhrconsulting.co.uk  or contact us on:0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.

Christine Pratt has had considerably more than 15 minutes of fame since Sunday and I can imagine that she’s finding the unexpected (and not entirely friendly) limelight a bit of a challenge.  What effect will it have on her behaviour?  Will she lose her temper, shout, throw things, or will she react in some other way? It would be interesting to know ……..

Mrs Pratt, head of the charity, National Bullying Helpline, made allegations that Gordon Brown has engaged in bullying language and conduct in revelations that a number of Downing Street staff had called its helpline. She said that she made the disclosures after ministers had denied claims in Andrew Rawnsley’s new book which sets out a string of alleged incidents of verbal and physical outbursts by Mr Brown and claims that the Prime Minister had been warned over his treatment of staff.

Mrs Pratt said, “I have personally taken a call from staff in the Prime Minister’s office, staff who believe they are working in a bullying culture and that it has caused stress.

Today government minister Phil Woolas referred to Christine Pratt “this prat of a woman”. It’s a tough business, politics,” he said. “ It’s 18, 20 hours a day that people like the prime minister work.

Mrs Pratt has been called to an emergency meeting with charity trustees over the crisis, which has resulted in at least three patrons resigning, to explain to trustees why she made public allegations that staff from No 10 had been in contact, potentially breaching their confidentiality.

Notwithstanding Mrs Pratt’s gaffe, bullying is horrible and allowing bullies to maraud through the workplace unchecked can result in high sickness and absence, high rates of staff turnover and increased litigation costs.

If you would like to find out more about how to prevent a bullying problem , Russell HR Consulting provides expert knowledge in the practical application of employment law. For more information, contact us on:  0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.

Bonuses come in all shapes and forms.  For actors, the Bafta Awards is one of the glittering prizes and this year Colin Firth and Carey Mulligan were named Best Actor and Best Actress respectively.  In some cases the Bafta jury’s award decisions are controversial, but those in receipt of the eventual award are unlikely to be required to hand it back.

Not so in the equally controversial world of banking.  Today it was announced that the chief executive of RBS, Stephen Hester, has agreed to give up a £1.6 million bonus.  Despite making a loss in 2009 and being bailed out by the tax payer, RBS planned to announce bonuses for its investment bankers of £1.3 billion in bonuses for 2009.  After coming under pressure from ministers over his pay, Mr Hester has, perhaps wisely, decided to waive his bonus. It would have been all the more admirable if no pressure had been brought to bear, but bankers will be bankers……….

In these tough times, we are often asked whether bonuses have to be paid to employees.  Here’s a thumbnail summary.

The key question is whether the bonus is contractual or genuinely discretionary. 

Even where a bonus scheme is described as discretionary, a contractual entitlement to a bonus may arise through custom and practice. Each case will turn on its own facts.

Where a bonus is contractual, trying to withdraw or defer it would require the employee’s consent.

For up to date employment law advice and details of our training courses, workshops and HR Hotline service, please visit our website www.russellhrconsulting.co.uk, phone us on 0845 644 8955 or email us at pm@russellhrconsulting.co.uk.

There has been considerable investment in the security of British passports in the last few years, so Government ministers have been alarmed by the allegation that there has been a wholesale identity theft of Britons living in Israel by members of the hit squad which killed Mahmoud al-Mabhouh in Dubai in January. In total six British passport holders, three Irish, a German and a man with a French passport made up the alleged hit team.

The UK has said the passports used were fake documents using the identities of British nationals all living in Israel.  Ireland has said that it had never issued passports in the names of those implicated in the assassination. However, according to a report in the local Al-Bayan newspaper, Dubai police are satisfied that the European passports were not fakes. This has serious implications for passport security and the Serious and Organised Crime Agency has begun its own investigation into the identity thefts.

All this just goes to show how tough it can be to spot a fake, but UK employers are required to do just that.

You must check a prospective employee’s documents before employment starts using List A (permanent excuse to work in the UK) or List B (temporary excuse to work in the UK) and must keep a copy of the checked documents. This provides employers with a statutory excuse should they be found to be employing an illegal worker.

You must be satisfied that the documents are valid and that they relate to the applicant. The statutory excuse will not apply if you know that the applicant is not entitled to do the work offered.

You must carry out the following reasonable steps when checking any documents presented to you by your potential employee. Check:

any photographs, where available, to ensure that you are satisfied they are consistent with the appearance of your potential employee;

the dates of birth listed so that you are satisfied these are consistent with the appearance of your potential employee;

that appropriate expiry dates have not been passed;

any UK Government endorsements (stamps, etc.) to see if your potential employee is able to do the work you are offering;

Information about the document verification process should be provided to all applicants as part of the recruitment process.  You may only appoint if you are satisfied the candidate is eligible to work in the UK. If you have any doubts you should take further advice.  Note that penalties for breach can be up to £10k per employee.

If you would like to find out more about how to prevent a problem, Russell HR Consulting provides expert knowledge in the practical application of employment law. For more information, contact us on: 0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.

Her majesty’s police force; there to protect the British public and serve HRH Queen Elizabeth II. For most of the 142,000 police officers employed in England and Wales, these responsibilities are taken seriously and performed with diligence and care, but, as in any industry, there’s always one. A jury at Southwark Crown Court recently found Metropolitan Police Commander, Ali Dizaei, guilty of misconduct in public office and an attempt to pervert the course of justice after a four-week trial. Mr Dizaei, who pleaded “not guilty”, was given a four-year prison sentence after falsely arresting, abusing and threatening an innocent man.

47-year-old, Iranian-born Ali Dizaei had been in the police force for over 25 years and as leader of the National Black Police Association had played an active part in promoting the employment and fair-treatment of ethnic minorities in the British police force. But there had been rumblings about Mr Dizaei’s conduct for a number of years, including allegations that he was involved in drug-related crime, threatening behaviour towards his ex-girlfriend and personal claims that the police force racially discriminate in the highest ranks.

In February of this year the following charges were brought against Mr Dizaei in Southwark Crown Court:

• On the 18 July 2008, Dizaei arrested 24-year-old Waad Al-Baghdadi after an argument outside a restaurant in West London. Mr Al-Baghdadi claimed that he had designed a website for Dizaei and was owed £600 in payment for his time and labour.
• Mr Al-Baghdadi claimed that he was treated “violently” whilst in custody. Mr Dizaei counter-claimed that he was assaulted and poked with the mouthpiece of a shisha-pipe in the stomach.
• After a period of 24 hours imprisonment, Mr Al-Baghdadi was released on bail with no further charges.

Until very recently, Mr Dizaei had evaded justice, in part by alleging that investigations against him were based on his colour and therefore discriminatory. What do you do if one of your employees plays the race card?

The short answer is – you would do exactly the same as for any other employee. The discrimination legislation sets out to level an uneven playing field and ensure employees can compete on equal terms. It is not there as a shield against unacceptable (even criminal) behaviour. The correct process to follow when you have concerns is your disciplinary process and that applies to all employees, whatever colour they are.

If an employee accuses you of less favourable treatment because of his race, colour etc, ask what the basis is for the allegation and point out that you are treating him as you would treat any other employee who had engaged in such conduct or behaviour. Ask how then he has reached the conclusion that he is being treated less favourably. And wait for an answer. If challenged reasonably, such complaints usually die a death…

Deal with all concerns promptly and efficiently. Investigate any claims thoroughly and gather as much evidence as you can before reviewing it with the employee. Throughout the proceedings, ensure that you document all correspondence and take minutes of all meetings; this will enable you to provide evidence (if needed) that you had genuine reasons for concern and have taken action that is consistent, fair, lawful and proportionate.

Russell HR Consulting provides expert knowledge in the practical application of employment law, from discrimination to discipline and dismissal. Visit our website: http://www.russellhrconsulting.co.uk/ for further details.

By Darry Khajehpour and The HR Headmistress

There must be a real dearth of news at the moment.  That or April 1st has come early and is repeating with Groundhog Day-like regularity.

The Sunday Times has reported (14th February) that a number of new mental disorders have been identified.  These include:

Mary Whitehouse syndrome — the thrill of being appalled by pornography and other obscenities.

Hypersexuality — the desire for multiple partners (should it be called Tiger Woods syndrome?)

Sluggish cognitive tempo disorder (which many of us would consider simply as laziness).

Relational disorder - in which two people, often a separating couple, struggle to get on.

Negativistic personality disorder – describe people who moan all the time.

Intermittent explosive disorder — hissy fits.

Sexual arousal disorder - the absence of a sex drive.

It appears that these many be included in the next edition of Diagnostic and Statistical Manual of Mental Disorders, the psychiatrists’ bible, due to be published in 2013.

Good grief!  Think the world has gone quite mad.  Are you quite sure this isn’t an early April Fool?

Richard Bentall, professor of clinical psychology at Bangor University, in north Wales, said: “Most of these diagnoses are meaningless and have no basis in science. But the more disorders there are, the more private business psychiatrists get.”

Are you fed up with your employees taking too much time off work with sickness or syndromes? Learn how to manage the absence process from the first instance of illness by reading Off the Sick List! by Kate Russell, available on our website www.russellhrconsulting.co.uk  or by contacting us on 0845 644 8955 or email pm@russellhrconsulting.co.uk.

At times the HR Headmistress comes over very “Mrs Shocked of Tunbridge Wells”. 

When I was asked to comment on the dismissal of Daniel Cambridge, a warehouse worker for reasons connected to severe flatulence, I couldn’t help wondering if we’d got an early April fools joke going.

35 co-workers at the Waterstone’s depot at Burton, Staffordshire allegedly complained about the smell over a two day period.  Mr Cambridge said, “It is a side effect of the anti-depression tablets I’m taking. Wind is like a disability - you wouldn’t get rid of somebody with one arm or leg.”

Even if an employee is not nice to be near, you still have to meet legal requirements, dismissing for a fair reason and following fair procedure.  In a case like this I would suggest that the offending worker is allowed to work at as much of a distance as is possible from his colleagues (not too difficult in a warehouse) while the matter is investigated and medical advice sought.  It may be that if the medication is the cause it could be reduced or reviewed. 

Eating and drinking more slowly can decrease episodes of flatulence, avoiding carbonated beverages (which force you to take in too much air), sugar substitutes (which are very hard for the body to digest), and chewing gum (which increases the risk of swallowing air).

To ease these symptoms, activated charcoal tablets, antacids, and supplements that contain digestive enzymes may reduce excess gas in the intestines and increase the body’s ability to breakdown hard to digest food items.

If you would like to find out more about how to plug the problem, Russell HR Consulting provides expert knowledge in the practical application of employment law. For more information, contact us on: 0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.

The apparent suicide of Alexander McQueen a week after the death of his mother has shocked the fashion world.  Alexander McQueen, known as Lee, was famous for his controversial approach and unconventional catwalk shows. Coming as it does as Fashion Weeks is about to launch, his former colleagues are trying to come to terms with his death and cope with the pressure of work.

Death is never easy, even when we know that a colleague is terminally ill.  But the sudden death of a colleague creates an additional unease and sadness and leaves a void in the workplace.

When an employee dies, you should try to help your staff deal with the loss and grief; it’s also important to keep the business running smoothly. Employers who have had to tackle this situation say that strength, sensitivity and flexibility are essential. People grieve in very different ways, depending on many factors, including personality and coping style, life experience, faith, and the nature of the loss.

Employers can support employees by:

Telling them face to face about the death;

allowing employees to express and share their grief;

helping employees, to express sympathy and support to the deceased’s family;

remembering their colleague in an appropriate fashion;

allowing them time off to attend the funeral;

showing understanding if work is disrupted in the short term;

if appropriate offering counselling.

If you would like to find out more about how to deal with bereavement counselling and compassionate leave in the workplace, Russell HR Consulting provides expert knowledge in the practical application of employment law. For more information, contact us on: 0845 644 8955 or e-mail pm@russellhrconsulting.co.uk.

Lady Gaga (born Stefani Joanne Angelina Germanotta) exploded onto the pop scene with the release of her debut album in August of 2008, The Fame. Number-one-hit after number-one-hit, an outrageously diverse and distinct wardrobe and an innate sense of confidence has established the 23-year-old singer-songwriter as one of the most successful and influential pop artists of all time.

But what makes her so successful? A lot of it is down to her record label and her management team who represent her in the music industry. These are the people that are responsible for creating and maintaining her image as a pop icon, as well as ensuring that she performs to the best of her abilities and keeps herself in the public eye.

I know what you’re thinking… “So what does this have to do with employment law!?”

As an employer you are expected to manage your employees in a way that is compliant, caring and reasonable, as well as productive and beneficial to the company.  Sometimes you have to be extremely creative in your approach and you can end up with all sorts of strange situations… just remember Daniel Cambridge (blog 15-02-10), dismissed for flatulence.  A case not so much hearts and minds as… yeah, I don’t need to say any more, you’ve got it!

On top of that, a business needs to maintain a high level of service to its customers and uphold its image.

Employment law is an ever-growing and increasingly complex area. If you find it all a bit too gaga for you, then our practical HR products might give you the guidance you want.  101 Tips For Employers (the last few copies are currently on sale at a very competitive price) and Off the Sick List! provide helpful tips and practical advice on all aspects of employment law, including how to master the art of ‘The Headmistress Technique’ – the outfit and the strict “poker face”.

For further information, or to purchase a copy of either titles, please contact a member of our team on   0845 644 8955  0845 644 8955   0845 644 8955  or e-mail us at pm@russellhrconsulting.co.uk