You’re about to reach the end of an employee’s probationary period. It’s time to decide whether you confirm their employment, extend the probationary period or dismiss them. 
 
Best practice suggests that you should have a formal review meeting with the employee. Even if you are entirely happy with their performance and conduct, it’s a good opportunity to provide them with feedback on how they’ve done and give them a chance to voice their opinions about the job and what it’s like to work for the company. 
 
On the other hand, if the employee’s performance has been unsatisfactory and you’re looking to dismiss them, the formal meeting means that you can provide them with constructive feedback on their performance and conduct. You are able to discuss any areas of concern and you can give them a clear understanding of what they will need to improve for future jobs they may have. 
 
It’s also useful to get their thoughts on why their performance wasn’t up to scratch. Did they get the right training? Were they given effective support to help them succeed? Were there any issues outside of their control which stopped them doing a good job? If you identify anything that impacted their ability to do a good job, you might want to consider extending the probationary period for a time rather than simply dismiss them. This gives you the time to address any workplace problems and may also prevent a tribunal claim. The employee has the chance to improve their performance and demonstrate competence in the full range of duties and required behaviours. 
 
We also recommend that, prior to the meeting, you write up an assessment of the employee and set out any recommendations you are making, together with the reasons why. This will help you stay on course during the meeting and can be kept as a formal record of their performance. 
The National Minimum Wage is the minimum pay per hour most workers under the age of 25 are entitled to by law. The National Living Wage is the minimum pay per hour most workers aged 25 and over are entitled to by law. The rate of pay received will depend on a worker's age and whether or not they are an apprentice. 
 
From 1 April 2018 the National Living Wage and the National Minimum Wage will be increased. The new rates are set out below. 
 
National Living Wage payable to all workers aged 25 and over 
Increases from £7.50 to £7.83 per hour 
 
Adult National Minimum Wage payable to workers aged 21 to 24 
Increases from £7.05 to £7.38 per hour 
 
Youth Development National Minimum Wage payable to workers aged 18-20 
Increases from £5.60 to £5.90 per hour 
 
Young Workers National Minimum Wage payable to workers aged 16 & 17 
Increases from £4.05 to £4.20 per hour 
 
Apprentice National Minimum Wage payable to apprentices under 19 or in 1st year of their apprenticeship 
Increases from £3.50 to £3.70 per hour 
(Apprentices aged 19 or over in their second year of apprenticeship must receive the national minimum wage or national living wage rate their age entitles them to). 
 
Best practice dictates that employers should advise employees in writing that the payments will be increased in line with new legislation. Employers should also inform employees when they will receive increases required due to a change in the employee's age. 
 
The rates are reviewed annually by the Low Pay Commission and currently it's expected they are likely to rise each year. 
 
If you would like to find out more or need help with the minimum wage rates, please contact us and we will be happy to help you. 
 
All the talk we’re currently hearing about the new EU General Data Protection Regulation (GDPR) is its impact on how we store and process customer data. However, when the GDPR takes effect on 25 May 2018, it’s not just customer data we need to consider. From that date, employees will have the same rights over their own personal data as customers do. 
 
EMPLOYEE RIGHTS 
 
Any person – including employees - whose personal data you hold has the right to: 
 
Be informed. About the purpose and legal basis for processing the data, how the data is to be processed, how long the data will be kept, any other parties involved in the processing of data and the privacy policy that relates to their data. 
Access. There must be a Subject Access Request process so that employees may request a copy of their data. 
Rectify incorrect personal data. Employees must have a facility to request that incorrect data is corrected. 
Be forgotten. Employees may ask for personal data to be erased under certain circumstances. 
Request their data be moved. Employees can request that their data be moved elsewhere and reused for their own purposes. 
Object. Employees may be allowed to object to their personal data being processed in certain circumstances. 
Restrict processing of their data. When processing is restricted, storage of the data is permitted, but further processing is not. 
Not have their data used for automated decision making and profiling. Such processing must have specific consent, be necessary for the performance of a contract or must be authorised by law. 
 
By 25 May 2018, employers are required to have policies and processes in place that satisfy the rights of employees. Those processes will also need to demonstrate compliance with the following data protection principles. 
Two of the busiest times of the year for employee holiday requests are Easter and the school Summer Holidays. With the first of those, Easter, coming up at the end of March this year, now is a good time to look at the rights of employees and the obligations of employers for annual leave. 
 
How much holiday are my employees entitled to? 
 
Most workers in the UK are legally entitled to 5.6 weeks of paid annual leave. A week’s annual leave is considered to be the same amount of time as the employee’s working week. 
 
For example: 
• An employee working a five day week is entitled to 5 x 5.6 = 28 days leave. 
• An employee working a three day week is entitled to 3 x 5.6 = 16.8 days leave. 
• The statutory entitlement is capped at 28 days. An employee working a 6 day week is only entitled to the maximum of 28 days leave. 
 
Paid public holidays can be counted as part of the 5.6 weeks of holiday entitlement as there is no legal right to be paid for public holidays. 
 
How much holiday pay do I need to pay my employees? 
 
Employees with fixed working hours receive holiday pay based on a week of normal pay. So they receive the same amount for a week’s holiday as they would do for a normal week of work. 
 
Employees on different working patterns are still entitled to receive holiday pay based on a week of normal pay. 
 
• For employees working shifts, a week’s holiday pay is calculated on the average number of hours worked in the preceding 12 weeks at their average hourly rate. 
• If an employee has a casual or zero hours contract with no normal working hours, their holiday pay is calculated on the average pay received over the previous 12 weeks in which they were paid. 
The Government has recently published the draft Social Security Benefits Up-rating Order 2018 which confirms the new statutory rates for 2018.  
 
From 1 April 2018 the standard weekly rates of Statutory Adoption Pay (SAP), Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP) and Statutory Shared Parental Pay (ShPP) are increasing to £145.18. If the employee's average weekly earnings are less than the statutory rate, the payment will be 90% of the employee's average weekly earnings. 
 
From 6 April 2018 the weekly rate of Statutory Sick Pay (SSP) is rising to £92.05. 
 
The weekly lower earnings limit, below which employees don't qualify for these payments, will increase to £116 per week from 6 April 2018. 
 
STATUTORY RATES 2017-18 2018-19 
Earnings Threshold £113.00 £116.00 
Statutory Adoption Pay £140.98 £145.18 
Statutory Maternity Pay £140.98 £145.18 
Statutory Paternity Pay £140.98 £145.18 
Statutory Shared Parental Pay £140.98 £145.18 
Statutory Sick Pay £89.35 £92.05 
 
If you have any questions on Statutory Payments, please contact us and we will be happy to discuss it with you. 
 
For all your HR advice and support, whether in Luton, or anywhere in the UK, look no further than Plain Talking HR. 
 
 
Even if the above statement is true, there can come a time when an employee comes to you with a grievance. The problem may be about their contract or their pay. They may have a complaint about the behaviour of a colleague. They may have a concern about changes at work or feel that they are subject to discrimination of some sort. Whatever the complaint is about, you must take it seriously and you do need to have a procedure in place to deal with it. 
 
As a first step, it’s ideal if you can handle any complaint informally. Formal grievance procedures should be the last resort when any other attempts to resolve the problem have failed. Speak to the employee (keep a record of your conversation) to understand their issue and look for a straightforward solution. Many issues can be quickly resolved through discussion with all involved and providing clarification where necessary. If, however, the complaint is more serious and cannot be resolved informally, then it is important to have a formal procedure that acts as a framework for resolving the issue. 
 
We recommend that your formal grievance procedure should include: 
 
• A requirement that the grievance be put in writing 
• Who the grievance should be addressed to (and an alternative in case the grievance relates to the normal contact) 
• How the grievance meeting or hearing will be conducted 
• Confirmation that the employee can be accompanied in meetings by a colleague or union representative 
• That an investigation will take place to establish the facts 
• How the decision on the outcome of the hearing will be communicated 
• That the employee may appeal the decision if they are not happy with the outcome 
• Time limits for each stage of the process 
 
When dealing with a grievance, follow our top tips to make sure you handle it effectively: 
 
1. Make sure you follow your grievance procedure; doing so will ensure consistency and that the situation is handled properly. 
2. Understand what outcome the employee raising the grievance is looking for; it may not be what you might assume. 
3. Carry out a full investigation to establish the facts. Gather all relevant evidence including emails, meeting minutes, interviewing other relevant parties, etc.. 
4. If the grievance is against another employee, invite them to a meeting where they can also be accompanied by a colleague or a union representative if they wish. 
5. Keep records – invite people to meetings in writing, have someone take minutes and communicate decisions in writing. This will protect you and your business in case of any further action or if there is any dispute about what was said in a meeting. 
6. Make sure that everyone involved in the grievance understands the procedure, knows what will happen at each stage, and the time limits. 
7. Communicate the outcome of the grievance in writing, giving full reasons for the decisions made. 
8. Identify who will hear any appeal made. Appeals should be heard by someone not previously involved in the grievance. 
Many employers tell us they’re not sure what the difference is between Unfair and Wrongful dismissal. They are both common employment law terms, although they are not interchangeable as is often thought. To avoid confusion, below we outline what each term means. 
 
Unfair Dismissal 
The right not to be unfairly dismissed is a statutory right. An employee earns this right after two years’ continuous service. This right can only be enforced in a tribunal and an employee cannot bring an unfair dismissal claim before they have accrued two years’ continuous service. 
 
The tribunal will consider if the reason for the dismissal is fair. Fair dismissal reasons are: 
 
The employee is unable to do their job properly 
The employee has a persistent or long-term illness that makes it impossible for them to do their job 
The employee has been made redundant 
The employee has been summarily dismissed for gross misconduct 
If continuing to employ the employee would break the law 
If it is impossible for the employer to carry on employing the worker 
Another substantial reason 
 
The tribunal will also examine whether the employer was reasonable in using the selected reason as grounds to dismiss the employee, and whether or not the employer followed a fair procedure. 
 
Where a tribunal finds that an employee has been unfairly dismissed, they will typically award a sum made up of a basic award plus compensation. This compensation will take into account future loss of earnings and other losses caused by the unfair dismissal. 
 
Wrongful Dismissal 
There is no statutory right not to be wrongly dismissed. Wrongful dismissal is actually a breach of contract. There is no minimum length of service applicable to wrongful dismissal.  
 
Wrongful dismissal can occur if an employee is dismissed without notice or without the notice period as set out in the employment contract. A wrongful dismissal claim can be heard in the County Court, the High Court or in a tribunal. 
 
Where it is found that an employee has been wrongly dismissed, the court or tribunal does not consider whether the dismissal was made on reasonable grounds. The decision is simply made on whether the terms of the employment contract were breached. 
 
If wrongful dismissal is proven, damages will be awarded. The amount awarded typically amounts to the value of pay and benefits lost by the employee during the contractual notice period. 
 
If you need help with a dimissal situation, or would like advice on any HR issue, contact us to discuss your needs. 
 
For all your HR advice and support whether in Luton, or anywhere else in the UK, look no further than Plain Talking HR. 
 
Christmas party season is once again upon us – bringing with it the annual round of drinking, dancing and generally making merry! Make sure you’re not the one on this year’s naughty list by following our top 10 dos and don’ts for the work’s Christmas do. 
 
Do attend the office party, even if just for an hour or two. It shows you’re part of the team and not attending may hurt your reputation. 
 
Don’t dress like you’re off to the nightclub. The party is still a business function, so check out the dress code and dress appropriately. 
 
Do pace yourself. Don’t drink too much and try to drink a glass of water between each alcoholic drink. 
 
Don’t party on an empty stomach. Alcohol will affect you even more if you haven’t eaten and you’ll also want to pig out on the buffet. 
 
Do conduct yourself professionally. Remember not to gossip or spread rumours, dance on tables or snog a colleague under the mistletoe. 
 
Don’t sit next to the boss. Especially if you’ll be tempted to tell some ‘home truths’ that may damage your career prospects. 
 
Do keep your conversations positive and don’t spend the evening complaining about work. 
 
Don’t forget to thank the person who co-ordinated the party. 
 
Do pre-book your taxi or arrange your lift home, have a curfew and stick to it. 
 
Don’t call in sick the next day. If you follow our dos and don’ts you shouldn’t have the need to! 
 
If you need help on dealing with fallout from the Christmas party, or any other HR issue, contact us to discuss your needs. 
 
For all your HR advice whether in Luton or anywhere in the UK, look no further than Plain Talking HR. 
 
Sooner or later even the best employer is faced with an employee resignation. Employees resign for many reasons, and some are completely beyond your control. 
 
However, when a valued employee resigns, it’s only natural to think “I wonder what we could have done to stop them deciding to leave”. Although, even at this late stage, it is always worth exploring whether there are any opportunities to get them to stay. 
 
While you may be too late to save someone who has already handed in their notice, a constructive exit interview process may help you to prevent it happening in the future. An effective exit interview helps you part company on good terms and helps identify: 
 
• Why the employee wants to leave 
• What your organisation does well 
• Where you can make improvements 
• That the skills and experience needed for the job are set correctly 
 
Exit interviews are an ideal way of gathering information to help you improve your employee engagement and retention. While they should be available to any employee who is leaving, participation is entirely voluntary. The ideal time to conduct the exit interview is 2 weeks into a month’s notice period. By this time, the emotions around the resignation have settled and the employee who is leaving is not yet tied up in a busy handover. It is often the line manager of the employee who conducts the exit interview. However, if you have an HR manager/consultant, it is a good idea to use them to carry out the interview as they are typically seen as more impartial. 
 
Exit interviews can be conducted face-to-face, over the telephone or by written questionnaire. Face-to-face and telephone interviews allow you ask follow up questions to employee responses, which can lead to obtaining additional insights. Although some employees may be more open and honest with information if they can write down their thoughts and feelings. 
 
To make the exiting employee more comfortable, it helps to explain that the interview is an opportunity get their honest feedback on aspects of the company and to ask for their opinion on areas that could be improved. If you start with a friendly discussion rather than move directly into the exit questions, it will help the employee feel more at ease. 
 
Always try to end the meeting on a positive note. Thank the employee for their contribution and service to your company and wish them luck in their new role. 
 
Finally, having acquired the information from employees who decide to leave, it’s important to put it to good use. If there is feedback and guidance needed for line managers or it’s necessary to change some of the company’s procedures, don’t neglect to address any issues that have been identified. 
 
If you would like to find out more on exit interviews or would like help to create your exit interview process, please contact us and we will be happy to discuss it with you. 
 
For all your HR advice and support whether in Luton or anywhere in the UK, look no further than Plain Talking HR. 
The term 'onboarding' has been around for a while, but what does it mean? In essence it is the activity or process of integrating a new employee into the organisation. 
 
So why as an employer should you be interested and thinking about onboarding? 
 
Firstly, it improves retention. Recruiting a new employee is costly, more so if it is to replace an employee who has already left. There are many surveys and reports which demonstrate that if onboarding is undertaken well, it makes a new employee more likely to remain with you. Newly hired employees are nearly 60% more likely to still be with you three years later if the onboarding experience is well executed. 
 
Secondly, it increases productivity. There is a study which suggests that 62% of companies saw a faster time to productivity ratios when using an effective onboarding process. 
 
The benefits of effective onboarding are: 
 
• Ensuring compliance with legal requirements 
• Creating an environment the individual wishes to be a part of 
• Faster ramping up of new hires 
• Providing a consistent approach to all new employees to the organisation 
• Ensuring new employees understand the companies purpose; strategic direction; policies and procedures and general logistics of the building/company 
• Better retention of new hires 
 
But when does onboarding start, and when does it finish? There is no right or wrong answer here. Some organisations pride themselves that it begins with the actual advert for the role as it sets out the brand and success of the organisation. For others it is when the interview is complete. However, what is important is that onboarding commences from recruitment through their first day and beyond. 
 
If you would like a review of your onboarding process to ensure that it properly supports the needs your business, then contact us here at Plain Talking HR. We can ensure an effective checklist is in place and support you both before and after a new hire joins you. 
 
Remember also, just giving your new hire the employee handbook to read and sign at the start of employment and never referring to it, or the policies contained within it, again is not a good onboarding approach!  
 
You as an employer are responsible to ensure that staff are up to date and aware of policies which affect them – particularly if they change. Talk to us at Plain Talking HR for innovative and appropriate approaches to ensure your staff are up to date with changing policies and that your risks are managed. 
 
For all your HR advice and support in Luton or anywhere in the UK, look no further than Plain Talking HR.