JOB ADVERTISING

SELECTION INTERVIEWING

HOW TO DEAL WITH AN EMPLOYEE GRIEVANCE

INDUCTION AND TRAINING

JOB ADVERTISING

So many employment laws support interrelate (or even contradict one another) that it is extremely difficult to understand and hang onto the basic principles in recruiting and managing people. We have decided therefore to publish a continuing series of articles covering the basic principles of Job Advertising, Employment Interviewing, Induction and Training, Employee Grievances, Dismissals and Exit Interviews, as a basic foundation that clients can relate to when trying to fight their way through this minefield of legislation!

So far has employment law developed today that people in Britain have ten rights which they could pursue to the Employment Tribunal before they are an employee, or even before have been interviewed!

These rights relate to discrimination; and it is unlawful to discriminate on the grounds of:

Sex, including pregnancy and maternity
Marital status, including civil partnership status
Gender reassignment
A person’s disability
Race
Sexual orientation
Religion/belief
Trade union membership or non-membership
Status as a fixed-term or part-time worker

But we will come back to the law later.

Why are you advertising? Recruitment advertising is usually for one of two purposes, to replace leavers or to increase numbers (presumably to cope with growth/increased production). It should only be done at the end of the thought process chain, it should not be that leavers are automatically replaced, like with like. Questions need to be asked first starting with, perhaps, why are they leaving and could something be done to persuade them to stay? This will be the subject of an article in its own right under “Exit Interviewing”.

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SELECTION INTERVIEWING

Peter Done, Managing Director of Peninsula Business Services talks about how to get the best out of an interview and how to choose the right candidate.

Interviewing can take place for a number of different reasons, selection interviewing for employment, for promotion, for disciplinary reasons, for capability reasons, for health reasons, as exit interviews, etc. This article will concentrate primarily on interviewing for employment, although many of the points will apply to most forms of interview.

Presumably the applications have flooded in! Presumably there are many more than could possibly be interviewed. Therefore, some form of initial screening has to take place. Ideally, this should be carried out by the person(s) who will actually conduct the interviews. It is preferable, if possible, to have more than one person conduct the short-listing and interviewing as it helps to minimise personal bias and it spreads the load – however there may not be sufficient management in SME’s to achieve this!

Compare the information contained in the application to the job description and personnel specification to identify those with the potential to do the job. (Do not set out with a pre-conceived idea of how many should be on the short-list). That “potential” should be in respect of job related criteria only and should be applied consistently across all applicants. Under no circumstances should account be taken of race, sex, disability, trade union membership, or religion (Northern Ireland) as that would be discriminatory apart from the few genuine exceptions allowed, i.e. it is permissible to audition women only to play the part of a woman in a film. It may be useful, or even essential in some circumstances, to produce a short-list matrix with qualifications/experience recorded against applicants and those scoring more than ‘X’ are short-listed.

Those not invited to interview should be sent a polite “thanks, but no thanks” letter, a copy of which should be kept with their application, and all such letters, in one file for that particular job advert. Each should contain a note as to why the applicant was not invited to interview (keep especially the matrix chart as it is not unheard of for rejected applicants to complain about not being invited to interview and it is enormously helpful to the employer (and to the applicant!) if the process can be seen to be fair and non-discriminatory.

This file of unsuccessful applicants should be kept for at least 12 months, but no longer, unless special circumstances apply. (Although the Information Commission advises in the Employment Practices Data Protection Code for Recruitment and Selection, that such data should be destroyed after four months, many claims for sex or race discrimination can be made up to six or eight months after the act complained of, and even those periods can be extended to 8 and 10 months if the relevant Commission, i.e. Equal Opportunities Commission or the Commission for Racial Equality, is assisting the applicant in their claim. Therefore four months is too short a time).

Send a letter/e-mail to the short-list personnel inviting them to interview. Make sure it clearly states where, when, to whom to report and whether this is a preliminary interview or the only one in the process. There is one further requirement that needs to be met at this stage. The Disability Discrimination Act 1995 requires that disabled people be provided with a level playing field for interview with other applicants. Some applications may reveal that the applicant is disabled. Others will not. To ensure therefore fairness, at the interview stage, the potential employer needs to find out if any special procedures need to be adopted, e.g. wheelchair access, sign language interpreter, so that the disabled applicant receives treatment on a par with that accorded to a non-disabled person. Ask, in the letter inviting to interview, if any special arrangements need to be made and if the applicant indicates they do, arrange them.

Most people consider that there are two purposes to an interview; for the employer to find out all they (properly) can about the applicant and for the applicant to find out all they can about the employer/employment. There is a third. Usually more people are rejected than are appointed. It is a wise employer who recognises that increasing numbers of rejected applicants, who have been badly, unprofessionally or lackadaisically interviewed, will build up in the surrounding areas creating a poor reputation for his organisation locally. Properly professionally interviewed people will probably still go away feeling upset but hopefully they will be feeling regrets that they were unsuccessful in joining what was obviously a great set-up rather than disappointment and relief that they have been unsuccessful!

Prepare before the interview to ensure that they start on time, that there are no interruptions and a structure is decided on and followed in the same manner for each interviewee. Consider carefully job descriptions, personnel specifications and applications to identify what questions need to be asked. Again, where possible, the interview should be conducted by more than one person if resources allow.

At the interview put the applicant at ease, outline the organisation and its future plans. Ask the applicant open questions to expand on the information in the application and concentrate on those issues which will influence the decision to offer employment or not. Open questions are those which cannot be answered yes or no. For example ask “why did you leave your last job?”, rather than “have you left your last job?”, since it will produce a more useful response. Take notes – ensure especially that important comments, ones which might be decisive, are in some way noted.

Do not ask any questions of a discriminatory nature. It is unacceptable to ask women if they plan to have children? Who will look after your children if you come back to work?, etc.

Some questions must be asked of those destined to work with children, or vulnerable adults, regarding them not having any convictions, or record, which would affect their employability in such sensitive roles. There are also questions which need to be asked regarding the Immigration and Asylum rules. These are so detailed there is no room to deal with them here, but be aware that they exist and that they might apply to you, so find out!

Allow the applicant to ask questions and answer them honestly. Answers given in the interview could be relied on by the individual as forming part of his/her contract of employment!

Tell the applicant when he/she can expect to hear the outcome. If there is a second round of interviews those not invited should receive a letter “thanks but no thanks” and those for final interview a letter, as before explaining, where, when, with whom, etc.

Final interviews should concentrate on the requirements of the job and the candidates’ suitability for it. From objective criteria rank the candidates. Offer the job to the first choice candidate, hold in reserve second and third and send “thanks but no thanks” letter to the others. If preferred choice accepts send “thanks but no thanks” letters to number two and three. If preferred choice rejects offer, offer then to number two, etc., assuming that they are acceptable of course!

Details of rejected applicants following interview should be treated in the same manner as those rejected without being offered an interview.

Remember starting the wrong person can be disastrously expensive. Take time and care to do it properly so that risks are minimised. To minimise risks even further do not write inappropriate comments on interview notes – they just may come back and haunt you!

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HOW TO DEAL WITH AN EMPLOYEE GRIEVANCE

The issue of employee grievances has recently come to greater prominence. Largely this is because of changes in employment law and Tribunal rules which require an employee, who wants to make certain types of claim (particularly discrimination and constructive dismissal), to have tried first to resolve the matter through the prescribed Statutory Grievance Procedure. Claims, in these cases will be inadmissible if the employee has not lodged a grievance with the employer. Inevitably therefore many grievances are raised not with a real desire by the employee to reach a resolution but simply because it is a hurdle that must be overcome before a Tribunal claim will be allowed to proceed. A government change made in the hope of reducing the number of cases reaching Tribunals has in fact resulted in a huge additional burden on employers, and has considerably prolonged the time before an issue is finally brought to a conclusion.

However we have to work within the law as it stands. A grievance may of course be raised by an employee at any time, and there may be no thought of pursuing a Tribunal claim regarding the matter – nevertheless the same sort of procedure should be followed in all cases (with the minor variations mentioned below).

So what exactly is a ‘grievance’? The Dispute Resolution Regulations (2004) define it as “a complaint by an employee about action which his employer has taken or is contemplating taking in relation to him” – and “action” can be an omission (e.g. a decision not to give an employee a pay increase, or a failure to act on a complaint that an employee is being harassed). In many cases a grievance will of course be resolved relatively informally by line managers, but if the employee is contemplating a possible Tribunal claim (or has already resigned and intends to claim constructive dismissal) he or she must ensure that they follow the Statutory Grievance Procedure laid down in the 2004 Regulations. This means that they must set out their grievance in writing and send it to the employer. (This is usually referred to as the Step 1 statement).

Recent Employment Tribunal decisions have made it clear that this ‘statement’ does not have to specify that a grievance is being raised – nor does it necessarily have to come from the employee. An e-mail will count as a written statement. Any written communication from an employee or ex-employee (or from someone representing them) which sets out a complaint should be regarded as a potential grievance, even if the employee does not ask for the formal procedure to be invoked. On receipt of this statement the employer should then invite the employee to attend a meeting to discuss the grievance (the Step 2 meeting), following which he/she must inform the employee’s right to appeal against that decision. Not part of the Statutory Grievance Procedures, but under separate legislation, the employee has the right to be accompanied by a fellow employee or a trade union representative. It would be prudent to notify him/her of this. While it is not a legal requirement it is strongly advised that the decision should be given to the employee in writing. (The Step 2 meeting should be held within 28 days of the grievance being received – if it is not, the employee can bring a Tribunal claim without waiting for the employer’s response, and moreover the employer may, if that claim is won, be penalised for non-compliance with the procedure.)

The grievance meeting should be used to clarify precisely what the grievance is and to get from the employee any specific details (dates of incidents, names of witnesses, etc). The employer should then carry out a full investigation and reach a conclusion. This may be that the grievance is well-founded, in whole or in part, and the employer should indicate on what grounds he finds the grievance to be not substantiated. If the employee is not happy with the decision he or she can then appeal (Step 3 appeal). The appeal should be heard by a different manager, with the same right to be accompanied, and again a conclusion given to the employee in writing. This will complete the statutory procedure, but the employer’s own grievance procedure may have additional steps which must be complied with – there may for example be provision for a further appeal.

Where a former employee raises a grievance after their employment has ended (typically where they intend to bring a constructive dismissal claim), the Regulations provide for a ‘modified’ grievance procedure which can be used. The difference is that this does not require a Step 2 meeting to be held – the employer can respond in writing to the grievance as set out in the Step 1 letter. It is common for the ex-employee to request that the modified procedure be followed, but both parties have to agree to this. Thus an employer is within his rights to reject the request. Whilst it may be tempting for the employer to agree with such a request, in order to avoid having to arrange a meeting, it may in fact be in his interests to insist on a meeting. First it is easier to explore the details of the grievance (and challenge them) in a face to face meeting; secondly it should reveal the strength of the relative positions, thus leading to, finally, the opportunity to redress the grievance if the employer’s position is the weak one or to the withdrawal of the grievance if the (ex) employee’s position is without merit. Trying to conduct matters by correspondence is undoubtedly less effective in obtaining a satisfactory solution. A desire, on the part of the employer, to conduct a full meeting also indicates a serious intention to “get it right” which the modified procedure does not always do. However the employer’s insistence on using the full procedure must be reasonable – it is not yet clear how the courts will interpret this, but it is likely, for example, to be unreasonable to insist on a meeting where the ex-employee now has another job in a different part of the country.

Employees who have been dismissed often confuse grievances and appeals. They should of course have a right of appeal against their dismissal, but they do not have to exercise that right in order to bring a Tribunal claim. Many dismissed employees (in some cases through poor advice) submit what they describe as a ‘grievance’. If this relates to the reasons for their dismissal it is an appeal, not a grievance, and should be treated as such if it has been made within the time period set out for appealing and even if the appeal is late there are “house points and gold stars” to be won for allowing it anyway. If it concerns quite separate issues, the ex-employee may be preparing the ground for a claim, say, of discrimination and it is vital that prompt advice is sought on how to respond.

Failing to respond to a grievance in compliance with the statutory procedures will not in itself be grounds for a Tribunal claim – but it is important to remember that Tribunal awards for constructive dismissal, discrimination, etc., can be increased by up to 50% if the employer has not compiled with the relevant procedures. It should be noted that employers have lost Tribunals in the past, prior to statutory intervention in October 2004, for failing to respond/handle grievances properly. It is therefore potentially expensive to ignore or to mishandle an employee complaint. Moreover, although the basics of the statutory procedures have been briefly described above, the Regulations are in fact extremely complex and even confusing, and will require clarification by the courts as cases are heard.

It is worth noting also that the 2004 Regulations permit the time limit, within which an employee must bring a Tribunal claim, to be extended in order for a grievance to be lodged. These rules are complex and tax even the experts. What this means for the employer is that Tribunal claims can now be presented up to six months after a resignation or an alleged incident of discrimination – employers can no longer be assured after three months that no claim can land on their desk.

Besides the law that applies to grievances and grievance handling, there is a more fundamental reason for dealing with them promptly and efficiently – an aggrieved employee is a potential disaster waiting to upset a client, etc.
(Courtesy Peninsula Business Services Ltd)

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INDUCTION AND TRAINING

The normally accepted definition of induction – is a formal introduction of a new starter to a new job.

However, it is my view that induction (and training) does not only happen at the commencement of employment, when it is intensive to say the least, but is on-going to provide solutions to problems as the job duties change, as more efficient practices or machinery equipment is introduced, or to allow the individual to cope with expansion of his/her role. It will also be extremely important for the individual and the employer that induction and training ensures a smooth transition into a new job i.e. on promotion.

Much time effort and money has been spent even before the new employee starts. A smooth professional introduction to the organisation and his/her role within it will ensure that money is not wasted and we have to start all over again because the newcomer promptly leaves because of an appalling reception into the organisation.

There are a whole host of subjects which need to be covered to effect the smooth induction of an individual into any organisation. Some will have to be carried out immediately on commencement, especially if there is a high security or health and safety risk; others are more suitably dealt with at a later stage.

A properly planned and executed induction programme will ensure a more relaxed and confident employee, comfortable with their new colleagues and their own role within the organisation. It ensures that relevant paperwork is completed relating to national insurance number, P45 (or P46), driving licence, SSP1 form, bank details, emergency contact, permits to work (if applicable) etc. It also provides, to the employee, their statement of main terms and conditions of employment including supporting policies and rules so that the employer can prove, should it ever become necessary that the employee was fully aware of the standards required of them. Finally, it ensures that the employer complies with relevant statutory obligations in respect of health and safety regulations and safe systems of working.

Someone in the organisation should be nominated as the person responsible for ensuring induction is properly carried out.

That person may carry it out themselves or delegate to others. Some induction subjects are common to all starters whilst some will only apply to that job in that department. Inevitably, induction will have to be carried out over a period of time and will almost certainly involve more than one person. It is therefore vital that it is properly planned in a sensible order and recorded as completed, including the signature and date of the newcomer confirming that it has indeed been done. This may be vital should a falling out occur in the future.

Although planning the programme (the common skills part) subject, sequence, venue, timing and trainers, is time consuming on the first occasion, it can be used time and time again in the future when little time will be required to update it. Try and mix up “sitting listening” and “practical doing” sessions so that people do not spend long periods being talked at or have unfamiliar muscular activity become painful and tiring! Clearly, any activity involving risk (you have carried out your risk assessments haven’t you?!) should be preceded by appropriate health and safety training.

The theory of training is a funny thing. It pre-supposes that since we are born with no skills (we may even need our rears smacking to teach us to breathe!) adults in possession of those skills must therefore have learned them; so if one adult has learned them then another can also - and there the theory falls apart. Ever tried to teach a youngster to ride a bike? Some seem to just get on and ride – others have a long and painful learning curve and some never learn!

Assuming general physical and mental ability (tested if necessary during the recruitment process), consistent with the requirements of the job, certain basics will improve the ease, proficiency and success of training. First identify the skills required. Break each one down into suitably sized steps. Practice each step until proficient at that step before moving on to the next. Once proficient at each step combine them and ‘hey presto’ learning done.

As an example consider learning to drive. To move off, on the first occasion, involves intense concentration (and not a little fear!) and sequences like safety checks, start the engine, select first gear, mirror, signal, manoeuvre which involves balancing clutch against accelerator timed perfectly to coincide with handbrake release, moving out into traffic flow, avoiding the parked car in front, and then changing up through the gearbox as speed increases etc. Commonly considerable changing of gears, turning corners etc. occurs before the vehicle is once more brought to a halt. Moving off then involves this clutch/accelerator/handbrake “battle” again the feel or skill of which has now been forgotten! Why not, in some quiet spot obviously, simply practice pulling away in first gear and braking to a halt again and again, without changing into higher gears, until such time as the learner is reasonably proficient? Train in stages.

Where the newcomer is acquiring knowledge the same basic principal applies, organise it in appropriate bite sizes. You must also ensure that the learner has learnt. With skill, that is not too difficult to assess because, using the example above, if they keep stalling the car they haven’t learnt. But where it is knowledge and the trainer asks “okay – got that?” the answer is invariably “yes” since it is a brave soul who says “no” to the boss. Certainly learners should be given the opportunity to ask if they do not understand but it is the trainer’s responsibility to ensure the learner has learned therefore always “test” that you have been understood. Quizzes, “tell me what you’ve got to do”, “how many copies are required and to whom are they distributed?” and tests “show me at the end of each subject” are all ways of checking the learner has learnt.

Sometimes training can take place in purpose built training schools. At the other extreme it is a “quieter” corner of the workshop at best. Proper planning, organising and monitoring, with corrections as necessary, will always produce better results than indifference, no planning, and “chucking them in the deep end”!

Trainees should be provided with their training programme, an understanding of why they are being taught those subjects and the value to them as an individual to learn them.

Clearly someone brand new to the organisation has to undergo intensive induction and training regarding every aspect of the business, its layout, rules, people, policies etc. (we provide Induction check Lists for our Personnel clients which also acts as a record of the Induction and Training having been carried out). As stated previously some of the subjects have to be dealt with immediately on commencement (for example, toilet facilities and critical Health and Safety issues) others are dealt with at later stages during the programme.

The initial induction has to be signed off at its completion and the (Induction Checklist) record of it having been done is filed in the individual’s personnel file. However, working practices and machinery/equipment rarely remains static for long. Where there are changes to be introduced forethought and planning, including consultation, with the workforce affected, will pay dividends.

Changes to an individual’s role, especially where it is to be expanded to include extra responsibilities, or where promotion to a more senior grade is involved poses their own particular problems. Again proper planning for the induction and training to be able to carry out the new duties, duly prioritised and recorded as appropriate, is essential.

It is, however, also essential to consider the selection of the individual who is to have his/her role expanded or who is to be promoted. The fact that someone is a good (or even your best) mechanic, machinist, salesman etc. does not mean that he/she would make a good supervisor or manager. Care really must be taken in the selection of an individual for promotion (“Buggin’s turn next” is not to be recommended) to ensure the best chance of success because what happens if it goes wrong? What do you do with the individual? Sack them? Not only have you then lost your supervisor but you have lost a good employee who was so highly valued you promoted him/her into the role of supervisor! (Clue: promote “on trial” with a contractual right to demote i.e. return to his/her previous role in the event of unsuitability in the new one).

There are also the costs of having to go through the process again, the morale damage to the rest of the work force and knock-on costs because the team is currently leaderless until the appointment and “bedding-in” of the new supervisor.

Properly planned and executed training for new starts and ongoing changes/promotions, will lead to shorter time to a higher quality and quantity performance, hence lower costs; less “waste”, reduced rates of labour turnover; improved recruiting, greater willingness to retrain, and a higher morale amongst the workforce. General statistics show that 50% of all leavers leave within the first three months and a further 25% leave within the second three months. This is mainly due to poor induction and training. Look at your own figures – every leaver costs you. Reduce your costs – improve your bottom line.

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