The employment relationship – important to those that want to run a successful business and those that work, so is it reasonable to assume that this is a balanced relationship? The overwhelming majority of relationships between employers and employees are good, yet the worst case scenario of employment relationship difficulties is often the cause for concern for both parties.
What if things go wrong? What if a relationship breaks down? How do you prevent such an outcome? What happens if things are seemingly too difficult to put right?
I have spoken to a number of employers (particularly small businesses, of which a large volume exist in Cornwall) and fear of making a major mistake with regards to the employment relationship appears to be an underlying concern that may prevent both employees and employers from addressing matters in a constructive way.
I’ve heard concerns from many small employers that protection for employees is disproportionate, however, I strongly believe that there are some key (yet simple) things that employers can do to mitigate against the perceived risk of employment relationships diminishing, irrespective of whether Government changes to reduce employment ‘red tape’ come to fruition:
1) Use informality to your advantage – informal and timely discussions often serve to raise awareness of thoughts and possible concerns (on both sides) and should be encouraged. The fear of confronting a concern often means that it is put onto the back-burner, potentially allowing a relatively small matter to escalate if not addressed appropriately. Getting things right early on certainly has significant benefits in the long-run.
2) Keep a note – even with best intentions, we can’t be expected to recall in any accurate detail what may have been said during employment discussions, especially when weeks and months pass by as we are dedicated to delivering what our business needs from us. Both employers and employees should be encouraged to make a note of what was said, who was present and what the outcomes or expectations from the discussion were. Copies should be kept within individual files (or in the case of an employee, a diary or record) – employees can make a request to obtain copies of information from their employer should they wish to do so, therefore information should be accurate and reflective of the circumstances.
3) Maintain a firm, fair and proportionate approach – sometimes informality may not seem like the best way to resolve matters in a satisfactory way (for example, if matters are sufficiently serious in their own right), however, hoping that a series of small issues can be accumulated into a more substantial outcome dealt with in one swoop is not a recommended approach. Early intervention generally gets the outcome that you want – as employees we want clarity and guidance, as employers we want our teams to know what we expect of them. If, despite clear guidance (this is where recording discussions helps), more formal investigation may lead to a disciplinary outcome, it is important to think about proportion by ensuring that the ‘punishment fits the crime’. Remember that such cases should be the minority as timely informal interventions will certainly make a difference.
Small organisations don’t always have access to expertise, however, there are some options available if help is required:
- Use ACAS to your advantage. A short call can help both employers and employees to make sense of the situation that they are in.
- Recognise that there is no need to take risks and no reason not to know what your responsibilities are
- Build your network – sharing experiences mean that we can learn from each other. Connect with owners and managers that operate similar businesses. Get to know a HR professional if you can!
- Keep the notes that you make safe. They may come in handy at a later stage.
- Step back – it certainly pays to talk about difficult situations as it is easy to lose sight of the true gravity of issues when you are in the middle.
- Establish whether any trade/industry body subscriptions offer you employment advice. You may find the service over precautionary, but it is better to think things over than it is to take unnecessary risks.
- Utilise the support of an employment lawyer. Whilst at first this may appear to be costly, the right help and advice at an early stage can certainly save a great deal of time, additional expense and pressure when compared to a scenario where matters have escalated to the point where a serious case may be on the horizon.
If you need any indication to the impact of an irreconcilable employment relationship breakdown, I’d recommend attending a session at the Employment Tribunal to get a feel for the difficulties that both parties face. It is a public hearing and you are able to observe, just be careful if you take a notepad as you may find (as I did) that you are suspected as being a member of the press!
It is highly unlikely that anybody entering the employment relationship does so with a view to matters ending with the most difficult outcome, yet with over 186,000 cases accepted by the Employment Tribunal in 2011-2012 (albeit 15% down on the previous year) it is clear that more can be done to reduce the overbearing anxiety of the worst case scenario.
Whilst the employment relationship isn’t always simple, we certainly don’t need to make it any more complicated. With the right approach we can certainly make sure that we are doing our bit to protect the interests of both employers and employees.
Annual Employment Tribunal statistic taken from – http://www.justice.gov.uk/downloads/statistics/tribs-stats/employment-trib-stats-april-march-2011-12.pdf
michaelrabone 