Elizabeth Babafemi MBA, CIPD, B.Eng.                                                                                                    Starting a New Business? Need HR Advice?

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Questions Elizabeth Answered in Jan and Feb 2011... Send me some Questions through Email, and I will help you... Can employers dismiss employees on the spot? No. Employers need to follow the Acas Code of Practice (“Code”).  Failure to do so could result in a dismissal being deemed unfair by a Tribunal.  It could also result in an uplift in any award given to the employee by up to 25%.... Gross misconduct? what procedure should the employer follow? Suspend the employee on full pay pending an investigation. Investigations... Witnesses Accounts Hold a disciplinary hearing if necessary. Provided the employee with written details of the allegations Keep Notes of ALL meetings The employer needs to notify the employee in writing immediately of their decision. Hold an appeal meeting if required. Can employers discipline pregnant employees? Yes, employers can discipline pregnant employees but only when it is an appropriate course of action in the circumstances. The employer should exercise caution and carry out a thorough investigation prior to taking any disciplinary action. It should be certain that there is no underlying pregnancy-related reason causing or contributing to the alleged misconduct or poor performance; if there is, disciplinary action could result in a claim for pregnancy and maternity discrimination under the Equality Act 2010. For example, disciplinary action against a pregnant employee for persistent lateness could amount to pregnancy and maternity discrimination if her lateness is caused by morning sickness. Are there circumstances in which an employer can suspend without pay pending a disciplinary hearing? An employer can usually suspend an employee without pay only if it has a contractual right to do so, ie it has reserved such a right in the employee's contract of employment. Can I dismiss an employee on Grounds of Ill Health, and poor work performance? Please take advice - An employment Tribunal would expect you to try your very best to keep this person on. You can offer alternative employment, you MUST have consultation, and a medical investigation.  The approach the LAW expects is one of SUPPORT Not Discipline...If there is no prospect of the employee returning to work, and you cant keep the position open indefinitely, again, please seek advise before you dismiss on grounds of incapability. --------------------------------------------------------------------------------------------------------------------------------------------------- March 2011: Someone asked Elizabeth about Pensions: Why should you offer Pension schemes? It can benefit your employees, help with staff retention, and gives staff an impetus to save towards retirement. Explain the different types of Pension Schemes: Occupational Pensions: These are private pension schemes run by some employers and are also known as a works pension, and company pension or superannuation. Money purchase pension schemes: contributions made by you and your employer are invested in the stock market.  However, share prices can fall as well as rise, so if the stock market takes a turn for the worse, your pension may fall in value. Personal pensions: Staff can take out a personal pension under a contract with a pension provider and contribute to it themselves, and you can contribute as an employer too. Stakeholder pensions: are a type of personal pension. Your obligations: If you don't provide an occupational pension scheme for your staff, you may be required by law to offer them access to a stakeholder pension. There are a few exceptions to this. For example, if you: - Employ fewer than five people - Offer all employees aged 18 or over a personal pension scheme through which you contribute an amount equal to at least three per cent of the employees' basic pay.