HR Solicitor

Bullying

2012-01-27T21:05:00.000Z

I was writing a bullying and harassment policy and to update myself on the topic, did some research on the subject. It's always useful to revisit the theories about bullying in a more in depth way. By way of a refresher , here are some things for you to think about:
When a complaint is investigated and the finding is that communications should have been better, don't conclude that this is just down to poor management. Withholding information is a form of bullying. Poor management is a form of bullying. Don't protect the bully, even if the person is a senior manager. A poor performer should be able to be told about his/her poor performance without feeling bullied. So make the link between your performance management practices and anti-bullying training. Appreciate also that bullying is caused by the perpetrator's own feelings of inadequacy. So put in the support mechanism, not just for the person claiming to be bullied , but also for the person accused of bullying.

Martyrs and resilience

2012-01-11T06:39:00.000Z

Happy 2012!

I begin the year with a bit of blubbing as I face the long January following Christmas excesses. How, I think to myself, have I let that happen? - when I know with a bit of better planning, I should be able to cope with and swallow those excesses. A colleague said to me you can only plan for what comes next, but not worry about it. In the meantime, don't martyr yourself (in the context of I am not the only one to indulge in Christmas excesses!). Again, a real-life situation that suddenly transmuted into a work place scenario. There are bosses who worry about how their employee will re-act; they martyr themselves, thinking what am I doing wrong? The employee is unhappy and not performing/ behaving badly, and that's my fault. I am a bad manager. So - allow yourself the 5 minutes of worry and self-blame, then get a grip. Everyone is responsible for his/her own actions. An employee misbehaving or underperforming is doing that all by themselves - fact. Now they may need support - in a manager communicating expectations of standards - of performance or behaviour, and you might need to to do it in a formal process. The only fault a manager can own is in not communicating , and then not thinking, is there a different way to communicate this, because my first attempt didn't work. That's as far as it goes- ownership of responses by the employee and their subsequent behaviours is down to that individual. So to both employers and employees, own your actions and re-actions - don't martyr yourself thinking it's all my fault. It takes 2 to tango.
Oh- and the resilience bit- that's to do with age and experience. There are levels of resilience I think that grows with age and experience, but sometimes, you do need a time out as resilience levels just hit an all-time low. So - give yourself a time-out- don't martyr yourself thinking you've got to be always coping. Have a blub!

Choices

2011-07-02T10:34:00.000+01:00

Employers often think it's difficult to get rid of an employee. Recent observations make me think the employer looks at these choices:

can I cope without this employee
do I want to be nice
do I like the employee as a person
how much more trouble/ hassle will the employee cause if he/ she stays
have I got the time to go through such a laborious process
how much will it cost

Just as you should invest time, effort and finances in recruiting the right person, so should you take the same efforts to terminate someone's employment. And if you want to be perceived as being nice, and you like the person who's been working for you, then give them the respect and dignity to plan in good time and to communicate well the reason for the departure. That must be sound business surely. And because it becomes purely a business decision that has to drive the decision, a clearly reasoned explanation backed up with facts will stand the 'fair and reasonable test'. Sometimes, it is not a decision you have to make in isolation - involve the supervisor/ middle manager/ other stakeholder. Involve me- or an objective A N Other. And for goodness' sake, let's not forget the employee - the win, win situation is when the employee agrees it's time to part company. As with all life, planning is key, communication is key; then it doesn't have to be all that difficult to get rid.

Clarity in Communication

2011-06-24T17:38:00.000+01:00

This week there have been lots of lessons learnt by me about clarity in communication. Normally it is relatively easy for me to be clear on paper. I draft letters and documents and read them and re-read them. I try to keep my sentences short, and check for ambiguity or a different interpretation that could be put across. I think this habit has influenced my thought process in verbal communications - because I know it is so easy to say something that could be misinterpreted, I end up not saying much at all! My valuable lesson this week, is that appearing to be listening (and processing) what is being said, and then not saying much in response can indicate or give the appearance of agreement. Or, something that frustrates my husband even more, that I don't give a hoot about what he's just said to me. I have actually internalised and in my mind I have answered. Verbalising the answer doesn't immediately come. The danger in this is that because there is no immediate response, the other person will have made an assumption - their interpretation is more than likely to be what they think they want to hear. When there is no disagreement, is the only other option agreement? This must be how 'about faces' happen- when there is that difference between the thoughts finally verbalised, and the misinterpretation that has already taken place. Can you hear my husband's plaintive cry -" I thought you weren't bothered... that's why I said we would go round to Auntie Maude's!" whereas in my mind I had been thinking - 'no I don't mind going as long as I've got the washing done first and I don't have to play charades'.
It is strange I think, that I have never before equated the written need to be specific, eg: as in I would 'categorically deny.. eg.. that there has been discrimination' and the lawyerly distinction between 'deny' and 'make no admission' to a similar requirement in verbal communications. I should be able to verbally say whether I disagree ( ie deny) or I neither agree nor disagree ( ie, make no admission). The trick I have learnt, for those of you who reflect and internalise like I do, is to buy yourself more time- questions like "that's interesting -how have you come to that conclusion?" , not only gets you more information but buys you the time to think about your verbal response. I still think it is frightening though- because words said can never be unsaid! It is important though to realise that words unsaid can still communicate- but not as clear a message as words that are said. So bosses, can you spot the ones that internalise and who are communicating with you by not saying much?

Work ethics

2011-05-14T08:07:00.000+01:00

Having a lovely quiet moment of reflection, after a night out at a 40th (no haven't got the shades on and I'm not dehydrated!). I spoke to one of my best buddies at the party last night and we both agreed that we had a lot to be grateful for in our lives. As usual I can never really separate life from work and it led me to think about being grateful for the people I work with. I have listened to a manager agonise whether he could really devote sufficient time to a work placement student to give the student a true learning experience. My chap didn't want to just stick the student in a corner and give him lots of photocopying. I also listened to a Director taking up the cudgels for a temp he just took on, who in his view hadn't been treated right. Then there was the manager who took ownership for not dealing with a minor infringement at the right time- the moment had passed, and it would be OTT to invoke a full on disciplinary procedure. Then there was the employee who agreed to work beyond his notice period in order not to leave his employer in the lurch. The employer can now plan a timely handover. Isn't it grand that people have such values, such a sense of what's right and wrong? Isn't it a privilege to come across such people and to work with them?

Jealousy

2011-02-25T08:17:00.001Z

One of the deadly sins isn't it? ( Envy is if you want to be absolutely correct). Can team members fall prey to this sin and is it the manager's burden to sort out? In these days of equality and diversity, how do managers allocate different tasks to different team members without awakening the green monster? When you have say, two members with the same job title, and the same job description, but one employee will get the 'juicier' client or project, and one of them is female and the other male; or one of them is white and the other ethnic; just how do you prevent the team member who 'lost out' on the juicier bit of work from getting jealous? Have the HR bells been clanging by now? Yet, the problem is so much more intrinsic isn't it? I have this constantly at home with my three kids. My intial bout of generosity with one child usually ends up costing me more ( "well, TJ got £2.00 so why can't I have £2.00 too?! If TJ and Analisa gets £2.00 you've got to give me some too!!) - and yet I say, I love them all equally, so what made me even think I could get away with just giving one child a bit of money without having to make up for the others? Well, sometimes it's because I was presented with justification or I created the justification ( TJ helped me unload the dishwasher), sometimes it's a case of who shouts loudest (please please pleeaasssse), and sometimes it is downright discrimination - he's the youngest ( please be kind and don't ever let on!). But it doesn't make me love the other 2 less. And this is what I get from managers- " I get on with all my staff and treat them the same...but..." - so have a good think about what protected characterisic ( yes that's right, let's get used to this Equality Act terminology!) is underlying that decision to give someone a juicier job!

Discipline

2011-02-07T06:17:00.000Z

In my last blog, I asked for help to get me into the discipline of writing my own blogs regularly. Now, about a week after, I'm frantically trying to recall a superb topic that I was going to blog about, since then - but it's gone. The discipline wasn't there to blog about it immediately!! It occurs to me, if bosses and employees got into the habit and discipline of saying the things that are uppermost in the mind at the time - be it praise or a slight grumble, things wouldn't get forgotten or blown out of proportion so much , wouldn't it? Storing it up is just no good: one, you forget what you originally were going to say or what you actually felt at the time; two, it becomes old hat and irrelevant, and the context is gone(think about the times people say, "well... it was funny at the time") ; and three, you turn into a procastinator. The sin that loves me most- it doesn't know the meaning of unrequited love!

Inspiration

2011-01-28T06:59:00.000Z

Yesterday I met a new client. She said to me " my husband said, 'sweet, you've done it. You've done well'".
He was referring to her new start up business. I was taking instructions to draft an employment contract for her first employee. This never ceases to inspire me. I meet all sorts of people who incredibly manage to find their own niche and their own speciality. Isn't that great?
I wish I could give this appreciation to managers- you have to think about your employee, isn't it great they have managed to find their own little niche in my company? And if employees could appreciate how great it is that their boss has created this little niche of a company-- aah how sweet employment life would be!

End of year round up

2010-12-22T18:44:00.000Z

Well, here's me again, reviving a belief that blogging has benefits. Prove me right people, and subscribe- give me an incentive to get blogging juices running.
In the meantime, let's get prepared for 2011 with a review of the year so far. Personally it's been a fun year - always new people to meet and get to know. Good to welcome new clients on board and expand the network. Employment law wise- the new government is forging ahead with new and old stuff. Not all of the Equality Act came into force, but essentially employers have now got to get to grips with new terminology- 'protected characteristics' and be more aware of discrimination by association and by perception. Those who want a training session on this should get in touch!
Another 'new' development is the consultation on the abolition of the default retirement age. In all likelihood, after October 2011, employers will not be able to retire employees at 65 (or any other age), without objective justification. Old stuff? Well, the maximum week's rate for redundancy pay didn't change in February 2010. It will however go up to £400 in February 2011. And the government couldn't change anything about the Agency Workers Regulations 2010 as planned , so it will come into effect in October 2011.
Plenty more things to keep track of in 2011. But that's more fodder for future blogs isn't it? For now, enjoy the festive season, and best wishes to all for the New Year!

2009-06-08T04:30:00.002+01:00

Summer!! We've had the hot spell and the cooling rains have come. I (or rather the kids) now own 2 terrapins, who are living in our pond for the summer. The male is smaller than the female, but has longer claws and a longer tail. It makes me think, how do bosses make up for their own perceived shortcomings? I had a male boss once who used to empathise with me on account of 'us being short' ( I am 5' 2"). He claimed to put in extra effort with his oratory skills to make his presence felt. So next time you're having an uncomfortable conversation with the boss, just think, what is he/ she overcompensating for? Then depending on where you are on the power struggle- deal with it! (O dear how very unPC!)

2009-05-09T06:59:00.001+01:00

I know, I know, a blog should be regular! But I'm back!

I just read an article in Personnel Today about Kellog's summer scheme. Provided workers have completed their week's contracted hours, they can scoot off early on Friday. Grand idea. I remember my days at the Boots factory in Nottingham one university summer holiday, and finishing early on Friday was a highlight of the week. Well, why not extend it to all workers, not just factory workers? That'll be one way to boost morale. Imagine the enthusiasm you'll get with staff heading towards that TGiF feeling!

Gawn-- give yourself a treat and groove to this: http://www.youtube.com/watch?v=8DIPmVLKHB0

Marriage

2009-02-17T08:22:00.000Z

I spoke about having a 'personal relationships at work' policy for the Valentine 's day theme at my BNI group. Love at work brings with it difficulties- not just between the two proponents in the relationship but for the surrounding people. How do they react when the lurve is just so OTT, or what about when one's in the doghouse and silent treatment abounds? Can even the most experienced managers take in their stride if they have to deal with the morphed cooing lovebirds or when they have to split warring factions? That's what's fun about my line of work. People cannot work in a vacuum- discussion about love lives will take place- even at work. Take heed tho'- the latest case about harassment comes about after an employee and her boss talk about plans for getting married, arranged or forced, in India or home here in England. The boss' parting words - "We'll probably bump into each other again unless you are married off in India" has costs the company £1000 in compensation for injury to feelings. So- to love and to have lost...?

The Quitter

2008-09-18T21:17:00.000+01:00

I was at an event about entrepreneurial spirit this evening. Derek Mapp who owned and sold the Tom Cobleigh chain and Leapfrog Day Nurseries for millions said he would rather employ someone who had failed, but tried, rather than a quitter that had not tried at all to make a go of things. It makes me wonder what sort of employer would tolerate the triers, and for just how many times before the employer decides- he or she has failed, and must quit (either he/she does it him/herself or I'll do it! thinks the employer). Would the entrepreneurial employer be more tolerant? You wouldn't think so if Alan Sugar is anything to go by, would you?
Yet our employment legal system says you have to let people try. You can't dismiss someone for their incapability without going through a process of giving them warnings and second or third chances, with some goal setting. Wouldn't this be more frustrating for the entrepreneurial employer who wants to cut through the thrust of red tape and get to the tinkling sound of "kerrchinnng". Or is there secret admiration for the employee with the guts to stick at it, and ultimate satisfaction when someone has 'cracked' it?
I think it's part of my job to suss out the employer before I can advise on the strategy to deal with the trier or the quitter- but are you the Derek Mapp entrepreneur or are you the Alan Sugar entrepreneur??!

girlpower

2008-09-04T09:51:00.001+01:00

I heard on the morning news today a business woman billed as a 'high-flier' saying categorically that you can't have work life balance. "Choose what your focus" is she said. "HURRAH" I say. Yes, we have flexible working laws, and yes, employers should enter the 21st century to be more flexible in their approach about getting the outcomes they want from women workers - using innovative working ways as the means. But you know- women still beat themselves up about trying to get this work-life balance thing. " Once a woman makes up her mind that it's not quite achievable, somehow the stresses disappear" this wise woman said. Sorry- can't remember her name. Sooo resonates with me. I know I can't be there all the time for my children and bring home the bacon (turkey of course, being Muslim!) at the same time. But, ladies, choose when and what responsibilities you want to take on and pass on!

Blog policy?

2008-08-08T00:06:00.000+01:00

Well, I have been on a blogging course. I think I understand how it can be different to a newsletter, errr... There was a warning about not letting blogs take over if you are lucky enough to have loads of subscribers and lots of comments posted by them in response to one of your blogs. I can perfectly empathise with that. It is bad enough with emails and links from those. And what's more, I have also joined facebook. Well, just when do you find time to work? And now I ask all my clients when reviewing their telecommunications policy - will you allow facebook, blogging, purchases from ebay/amazon and the like? And when to allow it? Throughout the day? Lunchtimes only? Does your policy remind employees about their obligations not to be discriminatory and defamatory? Personalise your blog, this workshop said- and therein lies the temptation for the "I'll get my ha'pen's worth" employee.
So- have fun blogging, but with care!

le bump

2008-04-08T13:03:00.000+01:00

I was at my daughter's football match this last weekend and realised one of the other mums was expecting, with about 8 weeks left before D-day (after an eleven year gap! Brave woman!) She unfortunately misses the 1st October dedaline- which is when the new maternity regs applies- to babies born after 1st October. If she'd timed it better her job would have been more secure- the employer has to hold it open because all contractual rights are preserved, except for renumeration. This means she would have accrued all holidays too- not just the working time regs ones. Alas, time management and baby accidents don't go hand in hand!

Mentoring Coaching and all that

2008-02-28T12:19:00.000Z

My third blog- I'm flying!! But I haven't yet resolved how to actually link this blog to my website. I need an IT coach.

The employment world is being inundated with coaching. I read an article about maternity coaching- which is quite an idea I'm sold on. Coaching sessions for the pregnant member of staff in the lead up to maternity leave. Quite a valid assumption really to think that your member of staff would need coaching on how not to fret about the ole job while coping with the 4 day blues and terry towel nappies (o yes we are green). And then yet more coaching during (that's 1 day out of the 10 keep-in touch- days) and then more coaching on the employee's return to work, wondering whether that temp was miles better at the job than she was! It really shouldn't be too difficult to set up these coaching sessions- a sympathetic ear, some target setting and some girl power motivation: the result will be a more confident employee who will think she can do the work life balance thing- poor sod!

2008-02-26T20:22:00.000Z

Aah the joys of networking. I was at the Broxtowe Borough Council GRO event, and I have met a Business Link Adviser. He will hopefully do me a diagnostic so I can apply for my IT grant. Oh to be networked in the IT sense!

Isn't diagnostics a big word. Today I cast my eye over a letter to a doctor asking him for a prognosis on a lady who has been signed off for yet another long spell. Diagnostics- prognosis - what is it with lawyers, doctors and Business Link advisers??! We do so want to appear normal, but I lurve these terms. How else to convince a client? The doctor says the prognosis is not good. So grit your teeth and do the adjustment or grasp the nettle and let me draft that termination letter! Oh now you have a vacancy- you know I just happen to know a recruitment agent... aah the joys of networking!

Blogging- a new marketing concept

2008-02-22T13:10:00.000Z

After attending a workshop run by East Midlands Chamber of Commerce, I decided I have to enter the 21st Century and create a blog. A whole new marketing concept and not just a social thing anymore, blogging apparently does help to increase business. So here I go!!

The training as a lawyer is hard to ditch. A bit of research- Wikipedia is good enough, and apparently blogging has loads of employment consequences. Tales of people getting sacked because of bad mouthing their employers in their blogs. Oooer. Debates about freedom of speech and defamation- more oooer!! Not something to embark on so lightly then. BUT- apparently blogging can be good for attracting new recruits too. And you know, if you have a client who advertises their products on youtube, how can you not join in and keep up in the ICT world.

So - here's my first posting!