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strategic without getting the basics right
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on why it chose
Absence’s absence
management software
business manager at JEHU Group
have now implemented a
health benefit for all
employees that gives them
access to consultations
and physiotherapy.
There is also an online
return to work procedure
when an employee has been
off, which replaces the paperbased
system used previously.
The system prompts managers
to conduct a return to work
interview after sickness before
they can sign it off.
Who would you
recommend it to?
All businesses and HR teams
who want to track and manage
absence in an efficient, costeffective
and less timeconsuming
way.
What’s been
the result?
It is now much easier for
employees to book leave and
check their leave allowance
themselves without having to
go through HR. The system
has freed up a lot of time in
the HR team and managers
are now taking more
responsibility for managing
their own teams’ leave
and absence.
Where now?
Ditching our old labourintensive
system has enabled
us to streamline our absence
management processes and
procedures and face the future
equipped for continued growth.
Back to basics...
Criminal offences outside the workplace
Why does it matter?
When misconduct happens outside of
the workplace but is serious enough to
amount to a criminal offence it can be
tricky to determine if this falls within
an employer’s remit. The ACAS Code
of Practice provides that being charged
with, or convicted of, a criminal offence
is not automatically a reason for
disciplinary action or dismissal. HR
teams need to carefully consider what,
if any, action would be appropriate to
take in this scenario.
Do…
Approach matters
on a case-by-case basis.
Always consider the specific facts and
circumstances. Do not have a blanket
policy covering all offences.
Assess the effect of the
charge or conviction on the
employee’s suitability to do their job, as
well as its impact on their relationship
with their employer, colleagues and
potentially customers. Off-duty
conduct that has no bearing on
employment is unlikely to be a fair
reason to discipline or dismiss the
employee, although more severe
sanctions may be justified against
regulated employees, those in positions
of trust, or with roles involving
children or vulnerable adults.
Take account of the
reputational risk. When an
offence is unrelated to the employee’s
employment disciplinary action may
still be warranted if the circumstances
of the case reflect negatively on the
company reputation.
Consider whether you can
keep the employee’s job
open if they are serving a prison
sentence. The size, nature and needs of
the business should be taken into
account when making this decision. It
might be especially appropriate to
consider doing so where the underlying
conviction has no bearing on the
employee’s suitability for the role and
when the sentence is short. Be aware
that an employee being held on
remand or subject to a custodial
sentence is not entitled to receive
wages and a contract may become
frustrated in the event of longer
sentences (for example, longer than
12 months).
Don’t…
Rely solely on police
findings. Employees
must be given the opportunity
to explain the situation. While
employers can rely on the findings of a
criminal investigation, they should
take a critical approach to the
information received and carry out
their own investigation into the facts.
Delay unnecessarily. An
employer is not required to wait
months for the outcome of a criminal
trial before making a decision on a
disciplinary sanction if it is impractical
or unreasonable in the circumstances
to do so. In these circumstances, in
line with the general requirement
to act promptly, employers can
proceed based on the information
currently available.
Just think about their
current role (if an employee
would be prevented from carrying out
their current role as a result of the
offence). For example, if the role
involves driving and they have lost
their driving licence you should
consider if there are any alternative
roles available within the organisation
that may be suitable (such as an office-
or warehouse-based role) or if
temporary adjustments could be
made to their role (such as using
public transport).
Forget about regulators.
Certain regulators, including
the Financial Conduct Authority,
General Medical Council and
Solicitors Regulation Authority will
expect to be notified of criminal
conduct by people in their professions
and it could affect an employee’s
ability to maintain any regulatory
approvals required for their role. HR
Rachel Morgan is a managing
associate atLinklaters
hrmagazine.co.uk February 2020 HR 45
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