Managing Complex Cases and ‘Curve Balls’ Chris Butler, Kimberley Frith and Rowan Boulter 6 th November 2019
Workshop Outline The aim of this workshop is: • Discuss ways in which you can approach complex cases; • Provide an opportunity for us to offer solutions to deal with challenging conversations; • Provide tips to be successful when having discussions around a range of awkward subjects; • Enable you to be successful in managing staffing issues without falling foul of employment law.
Managing Staffing Issues Examples may include: • Addressing poor performance or conduct • Dealing with personal problems • Investigating complaints/dealing with grievances • Comforting or reassuring someone • Making redundancies • Tackling personality clashes • Turning down requests for annual leave or to work flexibly
Your Experience Most comfortable Least Ok comfortable
Considerations Purpose? • Options for individuals • Right to manage • Fairness Reasonable? Formal Process? • What would a • Policies/templates reasonable • Mediation/Welfare/ employer do? OH Act Early When? • Early conversations • Appropriate time? • Expectations • Make time for talking Who? • Appropriate person? • Use of other SLT ?
Scenario 1 Malcolm Pain, who is one of your teachers has been increasingly absent from school and on reviewing his absence you establish he has reached one of the school’s triggers to commence the attendance management process. What would you do?
Common Stages of HR Processes Day to day management Formal meeting Formal review meeting Final review meeting Hearing Appeal hearing
Long Term Absence – Maintaining Contact • Contact during absence • Sick Pay information • Refer to Occupational Health • Equality Act 2010 – reasonable adjustments • Return to work (phased) • Redeployment / retraining • Ill health retirement • Route to formal procedures if no improv ement
Scenario 2 Following your meeting a couple of weeks ago with Malcolm and addressing his absence, you undertake a planned lesson observation in his classroom. The outcome raises concerns with his performance including behaviour management. You now have to speak to him again but this time about his performance. At the meeting Malcolm becomes confrontational and doesn’t agree with your viewpoint. What would you do?
Transition to Capability • Define expected level of performance • Provide support to perform • Provide sufficient time to improve • Monitor and support • Support plan • Move into Capability procedure if required level of improvement not achieved
Scenario 3 Following your meeting with Malcolm about his performance you receive a verbal complaint from a member of staff about his attitude towards them. You’ve also noticed he’s distanced himself from staff who he would normally get on with. You are aware of the processes he is going through, but you need to speak to him again about this latest concern from the member of staff. For Malcolm this is the last straw, he storms out and goes off on sickness absence - citing work related stress! What would you do?
Scenario 4 Whilst Malcolm is absent he submits a grievance against his line manager (Headteacher) which cites bullying and harassment and that he is being undermined, micro-managed and ‘picked on’ . What would you do?
Scenario 5 The investigation with regards to Malcolm’s grievance has been completed and so has the investigation into conduct matters and you invite Malcolm in to discuss the outcome and next steps. At this meeting Malcolm is asked to apologise to his colleague regarding his behaviour, but he refuses. How would approach this / what would you do?
Disciplinary and Grievance Procedures • Grievance Procedure is employee’s mechanism for pursuing concerns about his/her treatment by the organisation; • Disciplinary Procedure is employer’s mechanism for dealing with concerns about an employee’s behaviour.
Common Stages of HR Processes Day to day management Formal meeting Formal review meeting Final review meeting Hearing Appeal hearing
The Legal Framework • Employment Rights Act 1996 – 5 fair reasons for dismissal: • it is a reason related to an employee's conduct • it is a reason related to an employee's capability or qualifications for the job • It is because of a redundancy • or because a statutory duty or restriction prohibits the employment being continued • or SOSR • And the school acted reasonably in treating that reason as sufficient for dismissal
Fair Dismissal? Dismissals are classed as 'automatically unfair', regardless of the reasonableness, if an employee is exercising specific rights to do with: • pregnancy: including all reasons relating to maternity • family reasons: (shared) parental leave, paternity leave (birth and adoption), adoption leave or time off for dependents • representation: including acting as an employee rep • trade union membership grounds and union recognition • part-time and fixed-term employees • pay and working hours: including the Working Time Regulations, annual leave and the NMW
Without Prejudice Conversations • Dispute – in a procedure • Settlement agreements • Risks involved • Often initiated by TU • Talk to HR
Considerations Purpose? • Options for individuals • Right to manage • Fairness Reasonable? Formal Process? • What would a • Policies/templates reasonable • Mediation/Welfare/ employer do? OH Act Early When? • Early conversations • Appropriate time? • Expectations • Make time for talking Who? • Appropriate person? • Use of other SLT ?
Summary • Be clear on expectations • Use induction, probation and appraisal periods • Establish regular and effective communication systems • Support colleagues to improve • Prevention rather than cure • Early intervention • Implement relevant policies and procedures in a timely manner • ‘No Surprises’
Thank you! Leicestershire Traded Services HR Tel: 0116 305 0700 hrservices@leics.gov.uk @LeicsSchools Chris.butler@leics.gov.uk Kimberley.frith@leics.gov.uk Rowan.boulter@leics.gov.uk
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