Surviving Capability and Performance Managementby: Employee Rescue
By using this book you will have the tools to understand your rights in the event of a capability or performance management process. The book takes you quickly and simply through the law in a user friendly way so that you can easily apply it to your particular situation. Capability and Performance Management S98 (2) […]
By using this book you will have the tools to understand your rights in the event of a capability or performance management process. The book takes you quickly and simply through the law in a user friendly way so that you can easily apply it to your particular situation.
Capability and Performance Management
S98 (2) (a) of the Employment Rights Act 1996 makes Capability or Lack of qualifications a potentially fair reason for dismissing an employee. Capability covers a range of issues from lack of productivity to an inability to establish good working relationships with clients or colleagues.
Your employer can dismiss you on these grounds if they believe that you cannot do your job to the standard required of you. This can be because you can’t work to the skill level needed for the job. It could also be because you can’t carry out the work because you are ill and your employer needs to get the work done. This means you can be dismissed because of your poor sickness record, but your employer will have to go through particular steps to do so. This e-book guides you through what you should do, what to avoid and look out for. In 38 pages, the book guides you through the following;
- Your Employer’s legal duty to act reasonably and follow a fair procedure
- The requirements of the ACAS Code on Discipline & Grievance Procedures
- Settlement Agreements
- Sickness Absence
- Sickness and Disability
- Meetings with management
- How to prepare for meetings
- How to write your capability statement
And much more.
Alcohol and Drugs at work by: Employee Rescue £17.99
This guide is your essential step-by-step guide to your employment rights regarding alcohol and drug dependence and what you can do if you are facing disciplinary action for using alcohol or drugs, or for having alcohol or drugs in your possession at work or outside work.
Alcohol and Drugs at work
Alcohol and drugs have an impact on your ability to work safely and correctly. Under the Health and Safety at Work etc. Act 1974, your employer has a duty to ensure that the working environment is free from the inappropriate use of substances and all employees are able to carry out their duties in a safe and efficient manner to protect the safety of the workplace. This includes ensuring that no employees are working under the influence of alcohol and drugs. If you are found in possession of controlled substances in contravention of any of the laws listed below, it could still affect your job, if your employer decides that your actions outside of work are sufficiently serious to justify disciplinary action. This would also apply to being under the influence of alcohol outside of work.
How Employers generally deal with this problem
Employers have different approaches to alcohol and drug dependency. It can be approached as a disciplinary, health or performance issue or a combination. Remember that your employer is exactly that. Your employer. Not your counsellor or your friend. As such, your Employer will be more interested in your performance or behaviour, rather than the cause of it, and so it is your performance or behaviour that can get you fired from your job. Depending on the behaviour or performance issue that highlights the dependency problem, your Employer may choose to initially treat it as a health problem requiring a capability process, which can be escalated to a disciplinary if the problem persists. If it is a serious performance or behaviour issue, your Employer can go straight to the disciplinary process and you could lose your job.
The Guide discusses the law, including case law developments that will help you defend yourself. It covers what you need to know, taking you quickly and simply through essential information on;
• The applicable law and your legal rights
• Remedies available to you
• Case law on alcohol and drug dismissals
• Guidance on what to do
How to write a grievance about bullying and harassment at work by: Employee Rescue £25.00
This guide provides in depth direction on writing a grievance about bullying and harassment at work. It shows you how to escalate breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.
What is a grievance?
The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”. You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing. Always try to resolve problems informally before raising a grievance.
Bullying and harassment
ACAS defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.”
There is not a single piece of legislation that deals directly with bullying and harassment at work, but there are many laws that can provide you with a remedy for bullying and harassment. Unfortunately, most of the legal framework does not prevent bullying, but rather provides you with compensation after you have been bullied.
Under section 26 of the Equality Act 2010, harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment. To be protected under the Equality Act 2010, the harassment must be related to a protected characteristic. Harassment includes bullying if it relates to one of the protected characteristics listed above. Even if the harassment does not relate to a protected characteristic, you are protected by the Protection from harassment Act 1997.
This guide provides you with critical information on your legal rights, with templates and tactics to help you raise a grievance about bullying and harassment, as well as the stress that it causes.
The Disciplinary Hearing by: Employee Rescue £17.99
Your Employer can discipline you for conduct, capability or some other substantial reason. This book provides all the information, templates and guidelines that you need to help you through the disciplinary hearing.
What is a Disciplinary Hearing?
A disciplinary hearing is a meeting facilitated by your Employer to discuss allegations against you and to give you an opportunity to respond to those allegations. Your Employer can discipline you for conduct, capability or some other substantial reason. S13 (4) Employment Relations Act 1999 says that a disciplinary hearing is a hearing which could result in the administration of a formal warning to a worker by his employer, the taking of some other action in respect of a worker by his employer, or the confirmation of a warning issued or some other action taken. In 48 pages, this e-book guides you through your legal rights throughout the process, with tips, templates and tactics on what to do and how to protect yourself.
This guide gives you valuable guidance on the entire process. It is essential if you want to give yourself the best chance of a good outcome, and to have a strong employment tribunal claim or settlement if you should have to leave your job. The guide is your essential step-by-step guide to the Disciplinary Hearing Process. It is supplemented by free information on the I don’t want to lose my job section of the website. It covers everything you need to know, taking you quickly and simply through essential information on;
- How to write your statement of defence
- How to prepare for the disciplinary hearing
- Your right to be accompanied
- The evidence against you
- The allegations against you
- Witness Statements
And much more……
How to write a grievance that gets you what you want by: Employee Rescue £25.00
Write a grievance that gets you what you want
The guide provides in depth direction on writing your grievance including explanations of the law. It shows you how to draft a compelling grievance and includes templates and precedents for different types of grievance.
The ACAS Code of Practice on Discipline and Grievance Procedures sets out the recommended procedure when dealing with grievances. It is accompanied by the guide to Discipline and Grievances at work, which provides directions for you and your employer on addressing a grievance at work. The ACAS Code says that a grievance is a concern, problem or complaint that you can raise with your employer. It provides a list of issues that may cause grievances including;
- terms and conditions of employment
- health and safety
- work place relationships
- bullying and harassment
- new working practices
- working environment
- organisational change
You may also have a problem with a client or a customer. The ACAS Guide says that these should be treated in the same way as grievances within the organisation. This list is not exhaustive, and the definition is so wide that it covers almost all issues that you could have with your employer. The Code applies equally to management and employees. You should always try to resolve problems informally before raising a grievance.
How to survive a criminal charge, conviction or caution at work by: Employee Rescue £9.99
You can be disciplined and ultimately lose your job for criminal offences occurring at work and outside work. This guide takes you through your rights and the options available to you in such a situation.
Criminal charge, conviction, caution or police investigation
If you have received a criminal charge, conviction, been cautioned or are the subject of a police investigation at work, then this is the guide for you. ACAS says that just because you are charged with or convicted of a criminal offence, received a caution or are the subject of a police investigation, is not enough in itself for disciplinary action to be taken against you. Your Employer needs to consider the impact of the charge or conviction on your ability to do the job, and whether the charge or conviction impacts on your work relationships and/or customers.
If the outcome of your Employers investigation shows that some disciplinary action is necessary, your employer does not have to await the outcome of prosecution before starting the disciplinary procedure. The police should not be asked to conduct any investigation on behalf of your employer, neither should they be present at any meeting or disciplinary meeting.
This e-book provides you with essential information and guidance on;
- Your right to silence
- How to deal with a charge or conviction
- How to deal with custody or remand
- Frustration of contract
And much more.