08 Focus on the law
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Focus on the law 09
The changing face
of employment law
Whilst marriage and love are the most coveted
of relationships and their breakdown the most
personal, the employment relationship has to
come a close second. By Beverley Sunderland
T
he employment relationship impacts on an Whilst a hr director is happy to talk to the junior lawyer the law should be interpreted. notable examples in recent
employee’s self-esteem and their ability to provide about transactional issues such as ‘what is the rate of years have been holiday pay for the long term sick and
for an ever-demanding family. for this reason, maternity pay?’ and ‘how do you calculate the basic the application of the disability discrimination legislation
there has to be every belief that an employee will fight award?’, they inevitably want to talk to an individual with which was turned on its head after twelve years of
long and hard to protect this relationship and mitigate tribunal experience and business knowledge on the more stability. one week the law says one thing and a week
the impacts of its breakdown. this is a factor often complex and potentially costly issues. later it has completely reversed. for this reason, up-to-
overlooked by advisers who approach their advice to for this reason, many niche practices are forming from date knowledge is absolutely key.
corporate clients with clinical precision, advising on what much larger ‘traditional model’ firms, able to offer the the really valuable employment lawyers must bring
the law says. the reality is that in this modern era of the type of advice which is now required. an hr director with them the experience of business, which is often not
internet where almost anyone can gain access to what wants to speak to those with experience of business life gained through a standard legal career path. they come
the law says and regurgitate it accurately, the skill comes and tribunals to understand risk and rewards. if a solicitor from time spent in industry, in other careers and, best
in applying it based on knowledge and a much wider does not have the confidence or experience to answer of all, time spent in senior positions in commerce. they
experience. urgent questions and has to pass everything by a barrister come without the burden of being instructed by insurance
traditionally a solicitor’s practice followed a standard before responding, this is of limited assistance if the companies and they must be prepared to give a client a
model – there is a partner with the experience and disciplinary hearing is in 10 minutes. range of options and spell out the relevant issues with a
expertise, who brings in the work but does not actually unlike many other areas of law, employment law clear suggested way forward, without boring a client to
get involved, instead delegating to a team of junior changes on a daily basis. the statutes and regulations death with a ten page letter which ends ‘you choose’.
lawyers. however, in an employment team this model is dictate the law but new appeal cases are decided on a
not such a successful one. daily basis, clarifying how www.crosslandsolicitors.com
The right path ahead
An effective way of maintaining morale is outplacement, which can help someone repackage
their skills and experience to appeal to a new employer. Involving outplacement experts early on
will also help ensure the redundancy programme is implemented effectively.
When redundancies are unavoidable, outplacement services will
Right Management, a global talent and career management consultancy estimated that during
boost morale and improve corporate reputation. By Steve Hemsley
the first quarter of 2009, 2,000 people were losing their jobs every day in the UK. Principal
consultant Barbara Love says her role is to help people focus on what they could do next.
“Some people feel shattered by redundancy while for others it is a chance to begin afresh,”
she says. “Our role is to help people see the future more positively. Programmes are tailored to
the right support will help people feel
the individual’s needs but typically involve a series of one-to-one coaching sessions and seminars
more positive about their future to prepare for the next stage in their career. While we have strong relationships with head-hunters
and recruiters, we also help many people set up their own business.”
The Chartered Institute of Personnel and Development (CIPD) also encourages the use of
outplacement services wherever possible. Its employee relations adviser, Mike Emmott, says:
“Support and counselling can play an important part in helping people who are made redundant
find a way back in to the labour market, and send a clear message to those who remain that the
company is behaving responsibly.”
Outplacement support can also be beneficial, in the rare instances involving employment
tribunals, by advising on the correct procedure to follow during essential redundancies.
“No company wants a tribunal because it is bad for their reputation and for those employees
left behind,” says Love. “Most mistakes made in the redundancy process are around transparency
of selection and consultation, but if there’s a dispute we recommend seeking professional
advice.”
Provisional figures from the Tribunals Service reveal that between April 2008 and February 2009
it accepted 47,115 claims for unfair dismissal and 7,382 for failing to correctly consult about
redundancy plans.
However the real benefit of outplacement is competitive advantage. Networking opportunities,
CV support, negotiation skills and self marketing techniques are tasks which can be challenging,
so receiving focused, targeted advice from experts is hugely helpful.
Many organisations are in the unpleasant situation of reducing headcount, knowing these very
people they are losing may have the skills and experiences they need to drive the organisation
H
ow an employer treats the people it makes redundant says a lot about an organisation. forward in the future. “A good consultancy should help organisations plan for this, determine
Get it wrong and it can dramatically impact on reputation and the employees it is able to and assess the roles that are needed now, and in the future,” says Love.
attract and retain when times improve. When companies have no choice but to let staff
go they face a tricky balancing act of looking after those leaving while ensuring managers still get www.right.com
the best out of those left behind.
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