6 Business Argus Out & About


awards launch event A launch event for the 2014 Monmouthshire Business Awards was held at the Angel Ho- tel, Abergavenny, and was attended by spon- sors, judges and past winners of the awards.


Judges and previous winners in business


Tuesday, April 1, 2014


Top tips for dealing with difficult behaviour


FOR a small business owner, being an employer and manag- ing a team of staff can be thor- oughly rewarding, but the job is not without its troubles, par- ticularly when it comes to the difficult task of disciplining or dismissing a member of staff. Jo Eccles, business advisor at the


Nick Battersby, Reid Lifting, Geoff Hancock, Northern Automotive, Dave Bevan Monmouth- shire Business Awards


Michelle Dalley, Creating Media, Dai Jenkins, Chepstow Racecourse, and Becky Hughes of Monmouthshire Business Awards


Forum of Private Business, said: “No one likes having to discipline a member of staff, but discipli- nary and dismissal issues are some of the most frequent enquir- ies we receive. “A common example iswhere an employer has taken on a new member of staff and they are underperforming and they are unsure of howto proceed, think- ing all they need to do is have an informal chat to discuss that it simply isn’t working out. “As an employer it’s your job to ensure that you set and uphold standards of work and behaviour that are good for your business and the other members of your team, but it is also essential that you followthe correct procedures forwhat can be a very difficult issue to tackle. Beloware some of the key Do’s


and Don’ts tomake sure you fol- lowthe right stepswhen it comes to managing the process.


Disciplinary Dealing with potential discipli-


Chrissie Webber, University of South Wales, Dr Jonathan Deacon, University of South Wales Business School, Maggie Williams, Hada


Sylvia Marshall, Cosy Homes Online, Ellie Fry, national contract manager, Business Wales


nary issues in a timely and effec- tive manner can often nip bad behaviour in the bud and reassure other members of staff before things become a major issue. However if dealt with in the wrong way this can not only have a demotivating effect but also result in legal action. The costs can be significant, with the aver- age tribunal award for unfair dis- missal 2012/13 of £10,127, it pays to get it right. Do •Make your policy clear from the


start – Tell each employee as soon as possible and definitely within 2 months of them starting work about your disciplinary proce- dures andwho they can appeal to. These procedures should also be included in your staff handbook. • Followdifferent processes


Liz Thomas, MCC, Ray Lewin, Newton Green Chartered Accountants, Jane Campion, Mabey Bridge


depending on the severity of the employee’s actions andwhether the discipline is a performance issue, or due to behaviour or mis- conduct. • You need to allowan employee going through the disciplinary process to be accompanied to any disciplinary meetings by either a work colleague or a trade union representative. Don’t • Bury your head in the sand and


hope that the problem will go away. Deal with performance or conduct issues as soon as they arise and don’t wait until they become critical. • Fail to followthe all of the cor-


Peter Davies, MCC, Kellie Beirne, MCC, Giles Phelps, Spectrum Internet, Cath Fallon, CMC2


rect procedures set out in the ACAS code of practice on discipli- nary and grievance procedures as


Make sure you know what you’re doing when it comes to disciplinary matters


a minimum requirement. In the case of disciplinary proce- dures, should the matter develop to a tribunal situation, evidence that these correct procedures have


been followed will be required. If you fail to follow these, a tribu- nal could increase any resulting compensation to an employee by up to 25 per cent.


Follow us on Twitter: @SWABusiness Dismissal


In some instances,where the employee’s performance or con- duct do not improve, orwhere their actions constitute gross mis- conduct, then youmay ultimately be faced with the decision to dis- miss them. This is not a decision to take like-


ly and without careful considera- tion. Do • Ensure if you do have to resort


to dismissing a member of staff that this is done fairly, this means that you have a fair reason for doing so. Common reasons can include, but are not limited to capability, con- duct, illegality or redundancy. • Remember that you don’t have


to take employees with less than 24 months service through a full disciplinary process in order to be dismissed, but you should seek specialist advice to ensure that you are not in breach or employ- ment law. • In most dismissal situations, employees are entitled to notice either under their contract of employment or to statutory notice depending on the length of ser- vice. • If you need tomake staff cuts


due to changes in the way in which your business operates, or due to a reduction in demand of your products, you can consider redundancy as an option. • You should ensure that you pay


an employeewhat they’re entitled to including pay up to the date of termination of employment, pay for any unused accrued holidays, pay in lieu of notice and any other contractual benefits after going through the correct redundancy process. It is also worth noting that any re- dundancy process, cannot include the ‘first in last out’ option. Don’t • Feel pressured to give a refer-


ence to an employeewho has had their employment terminated. There is no legal obligation to do


so. If you do, you should ensure that


it is true, accurate and fair and based on documentary evidence to avoid any potential legal action. • Refuse a request for written reasons for dismissal from an employee with 2 year’s continuous service as they have a right to written reasons within 14 days if requested. Jo said: “Disciplinary issues are


one of the most common areas that businesses will face and ensuring you have the correct pro- cedures in place from the start can avoid any problems later. “These issues are complex and


it’s essential that you act carefully and seek specialist advice before dismissing somebody.” The Forum of Private Business


provides members with a legal advice line providing advice on all employment andHRissues. For further information visit the website at fpb.org


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8