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Employment Law Training
There are various topics of Employment Law which can be tailored to suit your organisation in training sessions:
Family Friendly Employment Rights
There has been a drive recently to promote a more effective work/life balance. A DTI study identified that 6 out of 8 employees would rather reduce their working hours than win the lottery, yet a third of employers have still to waken up to their responsibilities, making this area of employment law a hot issue. Family friendly employment rights include maternity leave, paternity leave, adoption leave, parental leave, as well as the important area of flexible working. Frequently the spectre of sex discrimination is also to be found lurking in the background to catch out the unwary employer.
This area of the law is influenced heavily by the European dimension and with a European commitment to improve the interface between work life and family life, it is likely to evolve dramatically over the next few years. It is absolutely crucial, therefore, that managers have a complete understanding of an employer’s obligations regarding the family friendly provisions. It is also absolutely crucial for your organisation that any applications for family friendly leave are dealt with seriously and consistently.
The employment lawyers within MacRoberts who deliver family friendly training have considerable experience in advising organisations and in advising upon and implementing family friendly policies ensuring their consistent application, as well as representing both employers and employees before Employment Tribunals when disputes arise in this area.
The family friendly training is delivered in an interactive and entertaining way with the aid of role play and case studies, as well as mock hearings such as Employment Tribunals, disciplinary and investigatory hearings.
Equality And Diversity Training
A comprehensive Equal Opportunity Policy is an essential tool for every organisation. In this, the organisation sets out its commitment to supporting diversity and acknowledging equal opportunity within the organisation. The Equal Opportunity Policy should cover such areas as sex, race, disability, sexual orientation and religious discrimination. It should also set out the organisation’s approach in relation to age discrimination.
However, a statement of policy is not enough. All of those who are responsible for managing the employment relationship within the organisation require to understand and to implement and police the policy. In essence, those in managerial positions should demonstrate the organisation’s commitment to supporting diversity. Leadership in this, as in most things, must come from the top. Management buy-in to the ideas and concepts behind equal opportunities is fundamental. The best way to achieve this is to ensure that all of those who are responsible for managing the employment relationship, fully understand the concepts of equality and diversity.
What better way to achieve this than by educating managers in an interactive and entertaining way and, more importantly, a way which is relevant to their role within the organisation. MacRoberts offer such a service with equality and diversity training delivered by specialist employment lawyers who have themselves considerable experience in dealing with equality issues both before Employment Tribunal and as strategic advisers to organisations.
Training methods in this area include role play, case studies and mock hearings (such as mock Employment Tribunals and disciplinary and investigatory hearings).
Disciplinary And Grievance Issues
In the dim and distant past, when an employee was guilty of misconduct it was considered fair to frog march that employee to the front of the building and tell them never to return: times have changed. Procedural fairness and the correct implementation of disciplinary and grievance procedures is now absolutely crucial. Employers who breach procedural requirements can find themselves liable to pay compensation to an employee, just a little bit frustrating where they know that the employee was truly guilty of gross misconduct.
Since 2004, employers have been required to comply with minimum statutory disciplinary, dismissal and grievance procedures, failing which they faced a finding of automatic unfair dismissal and uplifts on compensatory awards of between 10 and 50%. These procedures were, however, repealed on 6 April 2009, although transitional provisions apply, meaning it is not simply a case of 'out with the old, in with the new'. In their place, a new ACAS Code of Practice on Discipline and Grievance has been developed. Whilst a failure to comply with the Code will not in itself lead to proceedings, an employer may be liable for an uplift in any compensatory award of up to 25%.
Managers who implement the disciplinary and grievance processes require to be fully conversant with the procedural requirements required by law. MacRoberts can assist managers to understand and properly execute the role in context. We offer an in-depth and entertaining training programme on this topic, which includes mock investigatory, disciplinary and grievance hearings, extending even to mock Employment Tribunals.
Transfers And Redundancies/Re-Organisation
There are many challenges for an organisation approaching a transfer, a redundancy or re-organisation programme. As well as legal aspects, its managers have to deal with the blow to which morale can be felt by its employees.
MacRoberts offers detailed training for managers on motivating and communicating effectively with employees who find themselves within the transfer, redundancy or re-organisation process, together
with training on how to lead them through the process. MacRoberts also offers training on the implementation of such a process, including detailed training on the rolling out of a collective and individual consultation process, and the application of a selection criteria. The training provides guidance to managers on employment law best practice, as well as practical tips on how to deal with all the challenges faced during such a process, such as identifying pools, applying a selection criteria and considering suitable alternative employment available for those employees remaining. The training includes mock consultation meetings, the provision of draft selection criteria, provisional selection forms and other papers which are invaluable in such a process.
There can be many reasons for poor performance - ranging from ineffective management to genuine lack of capability. It is important that managers deal with performance issues as soon as they arise. It is also crucial that managers are able to identify the early signs of employee stress and so deal with their cause in the interests of the welfare of the employee and of the organisation itself.
MacRoberts offers training for managers in dealing with a whole range of performance issues within both an informal and a formal context. The performance training can include the provision of tools and techniques to effectively communicate, motivate and influence employees so preventing performance issues arising. It also provides training on the procedural requirements of the formal performance process, to include mock investigatory and disciplinary hearings, as well as mock Employment Tribunals. The training includes role play and consideration of case studies which are designed to be relevant to your organisation.
Absence Management - Sickness Absence
Since the implementation of the Disability Discrimination Act 1995, sickness absence has become an area fraught with challenges for the manager. It is absolutely crucial than an illness which could fall within the definition of a disability under the Disability Discrimination Act 1995, is identified and dealt with correctly. It is also crucial that managers are aware of the existence of potential disabilities in respect of those employees who are making a job application or attending at interview.
MacRoberts provides detailed training on the Disability Discrimination Act and its’ application, as well as training on how to deal with those sickness absences which do not fall within the definition of a “disability” under the Act. The employment lawyers who deliver the training have significant experience in the whole range of sickness absence issues, including the drafting of sickness policies through to representation (both for the employee and the employer) on disability issues arising before an Employment Tribunal.
The training is delivered in an interactive and entertaining format with role play, case studies and mock hearings (to include return to work interviews, investigatory and disciplinary hearings, as well as mock tribunals).