Effective performance management isn’t rocket science. By implementing tried and trusted management practices we can nurture an engaged and motivated workforce where high achievers are recognised and rewarded and the under-performers are safely exited.

The challenge is applying these practices fairly and consistently. Many of the performance issues we are asked to help solve on our Employment Law Help Line could be avoided with a little more rigidity in the application of management practices. Sometimes difficult conversations are called for but that’s part of the territory.

Here are our top 3 tips for improving employee performance. Even if you are already doing these consistently it’s worth standing back to check how you’re doing. It’s easy to let things slip and get a little sloppy so a periodic review is always a good idea. If you’re not already doing these then get in touch if you’d like some support.

1. Clear Job Descriptions: Employees need and respond to knowing exactly what is expected of them. Ambiguity or vagueness will enable staff to float between tasks, never really achieving anything. Clear and defined job roles will give them a sense of purpose and a structure that they can be held accountable to. By all means include a clause that allows you to ask more of them but fundamental key roles and responsibilities are a must.
   
   
2. SMART Objectives and Targets: The acronym SMART which stands for Specific, Measurable, Achievable, Relevant and Time-bound should be exercised against just about every task or target you set for your staff. Without it employees can’t be held to account. Increase sales! By how much? Paint that wall! By when? Improve customer Service! Compared to what? Appropriate objectives and targets should be the cornerstone of your performance management strategy.
   
   
3. Regular Reviews: Performance must be regularly reviewed to measure employees’ outcomes against their targets and objectives. Overachievers might need a reward such as praise to keep them motivated or higher targets to keep them challenged and aid retention. Under-performers might need to be offered training or support, or other action. Reviews don’t have to be onerous. Five minutes might be enough. Make sure though that they are regular and appropriately frequent and use them to set new objectives.
   
   
4. Bonus Tip. Consequences: If someone isn’t meeting expectations there needs to be consequences or you and your team will just continue to carry them leading to disgruntled good workers who will reduce their own performance to match; or simply leave. A disciplinary route might be appropriate which could ultimately end in dismissal. Using the tips above will either shape them into one of your high performers or it will prove you acted fairly and appropriately in case of a Tribunal claim. 

If you need further help and advice with performance management talk to us by calling 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it. 

You've probably had enough analysis of this week’s budget so we’ll keep comments to just the one point; IR35.

As we predicted back in June 2017, the Government are tightening the screw on IR35 legislation. Apparently this is the single most lucrative change in the budget and is set to net the Treasury an estimated £1.6 Billion.

First introduced in 1999, the legislation is designed to close the tax-avoiding loophole of workers who set up limited companies to provide services on a business-to-business relationship basis, where in fact an employer-employee relationship is more appropriate. IR35 means PAYE and NIC deductions are made at source as though the contractor was in fact an employee.

When we discussed it last June, HMRC were only looking at those contractors who supplied goods and (predominantly) services to the public sector. Chancellor Philip Hammond announced in this week's budget that enforcement will now extend to contractors supplying larger businesses. It’s probably only a matter of time then before all businesses are affected.

The individuals who will be affected by the enforcement are arguably getting a raw deal as they will have to pay tax and NI as though they are employees but get none of the benefits such as sick pay and holiday pay. The move smacks of hypocrisy as a number of high profile court cases this year have determined that “self-employed” gig economy workers should enjoy employee status and its associated benefits.

As there are tax implications for businesses who get the IR35 legislation wrong, it is vital that businesses refer to workers correctly and use the appropriate status of worker for any particular job.

To help you establish the status of your workers’ we’ve compiled a brief definition of each type. If you are in any doubt about how a worker should be treated then you should contact us for further advice.

• Full-Time Permanent Employee: An employed member of staff who works a full working week.
• Part-Time Permanent Employee: The same as a full-time employee, including rights accrual, but will work for a reduced, set number of hours or days per week.
• Temporary Employee: A member of staff employed for a set period usually of less than 6 months.
• Temporary Employee – Agency Employed: For very short term appointments of just a few weeks or even days, temporary staff are often taken on via an agency.
• Fixed Term Contract: Fixed term contracts are usually used to employ staff to manage or cover a specific project or period of maternity leave.
• Casual Workers: Casual workers are likely to be employed on a zero-hours contract. They are only given work when there is work to be done and therefore only paid when they have carried out work.
• Contractor: A contractor would be self-employed or employed through another company and provide services to you for a fee. This is the status that will be affected by the IR35 regulations.

In all cases you should at the very least check that your employee’s contracts describe what you believe their status to be. If there is a discrepancy, don’t act without seeking advice as you may unwittingly be in breach of contractual terms. You can contact us for further advice or assistance regarding employee statuses and relevant contracts by telephone on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it. 

Workplace communication is a subject that always features prominently on our training courses. Delegates are usually very keen to share instances about the communication at their own organisations. Very often however it’s because of failures in communication that delegates are so vocal.

During a Level 3 Leadership and Performance Management course that we ran this week, communication was the topic and the discussion gravitated towards making the tea. In particular, the diversity in communications methods when making tea or other beverages for a group of co-workers.

This may at first appear quite trivial, but consider how something as simple as getting a round of drinks correct, or badly wrong, demonstrates the effectiveness of communication generally throughout an organisation. Not to mention potentially making your co-workers very grumpy.

Our Level 3 group, made up largely of middle and first line managers, discussed the issues often encountered when someone made the tea at work. Sugar or milk may have been omitted when it was requested; or added when not required. Drinks might get made too strong or too weak or the wrong drink might have been made for certain individuals. Some people may have been excluded from a drinks invitation entirely.

What the group really focussed on however was the steps and systems that had been developed and put in place in their respective places of work to overcome tea making dilemmas. Wall charts detailing personal preferences were commonplace, even down to specific tea colour, as we use at HR Champions.

One company represented by our group for example announces tea rounds via Microsoft Yammer, a social networking service designed for private communication within organisations. Whilst the opportunity for social interaction may be lost, the potential for making a mistake or missing someone out is minimised.

The point here is that if you can’t get basic communication right about the simplest things, how you can expect the really important issues to be communicated effectively. If you’re not able to make everyone who wants one a cup of tea or coffee with the right amount of milk or sugar, how can you expect to know what standards your co-workers aspire to in their work? What are their deadlines, targets and restrictions? How should reports be presented, in what format and for whose consumption? What are the goals and targets for the department, the business or the global organisation?

We know how vital effective communication is for the proper functionality of a business so it should manifest itself in every aspect of the workplace. From top level boardroom decisions down to whether or not the milk goes in first.

If you want to be part of stimulating and progressive discussions, sign up to one of our ILM training courses which are currently fully funded for businesses in Gloucestershire and Worcestershire. Call 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it. 

We think it’s a good idea to remain mindful of the “Protected Characteristics”; the grounds for discrimination claims which were originally set out in the Equalities Act 2010. Since the implementation of the act there have been a few updates and changes and additions to the definitions. All employers should be aware of what the protected characteristics are as they will always be considered by a Tribunal in cases of dismissal.

Awards against claims for discrimination are unlimited with the highest UK award standing at a staggering £4.5 million. It’s understandable then that when we are discussing an employee dismissal with a client, we invariably ask if there are discriminatory factors or protected characteristics to consider.

Remember that discrimination can occur during the recruitment process too so an individual doesn’t even have to be an employee to make a discrimination claim. This is why it is vital to have a fair and transparent recruitment process.

Here’s a brief overview of each of the Protected Characteristics though please call us if you are ever in doubt or if you suspect an issue:

• Age – You can’t make decisions about employees that is influenced by their age, whether they are young or old. Asking someone to retire for example is a big fat no.
• Disability – Employers must make reasonable adjustments to the workplace in order to accommodate employees with a disability. There may be limits to what you can do of course but you must be able to prove that you have gone to reasonable lengths. Remember that disability covers mental health too.
• Gender reassignment – Staff who propose to, have started or have completed a process to change their gender must have equal treatment and facilities. This may for example, include installing a female toilet in a previously all-male environment or changing toilets to unisex.
• Marital Status – Whether a person is married, single or divorced should not influence any decisions made about their employment status or terms. This includes Civil Partnerships.
• Race – This includes race defined by colour, nationality or ethnicity. Current thinking on this suggests omitting job applicants’ names from application forms so that race or nationality cannot be guessed and to stop employers making subliminal judgements.
• Religion or belief – Similar to race; a person’s religion or belief should have no bearing on how they are treated or decisions made about them. Having no religion, ie Atheism, counts too.
• Pregnancy & Maternity – Treating someone differently because they are pregnant or on maternity leave is another big no.
• Sex – Whether an employee is male or female should make no difference. Sex discrimination is often cited in equal pay cases
• Sexual orientation – Relates to whether a person’s sexual attraction is to the same sex, the opposite sex or both sexes. 

To avoid discrimination cases, always make sure that you follow a clear and consistent process that is equal across the entire workforce, particularly where dismissal is concerned. However even those who resign voluntarily may still come back with a constructive dismissal claim if they feel they have been discriminated against.

Remember, if there is an inkling that a case could give rise to a discrimination claim, call us first for some advice. Better safe than sorry. Call us on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it. 

I was fortunate enough this week to attend a dinner event with Sir Clive Woodward OBE. The first professional coach of the England Rugby Union team, Clive, as he prefers to be addressed, famously steered the team to triumph at the Rugby World Cup in 2003. But you already knew that.

What you may not know is that following his time at England RFU, Clive went on to manage the British and Irish Lions on their tour of New Zealand in 2005 followed by a term as Director of Football at Southampton Football Club. His next appointment in 2006 was as Director of Elite Performance for the British Olympic Association.

During the evening, Clive gave many insights into his time and experiences in his various roles, and in particular as the England Rugby coach. One message was very clear throughout however and Clive repeated it several times, “Great teams are made of great Individuals.”

He expanded on this in more detail, explaining how crucial it is that everybody in a team is fully capable and competent at doing their job, to the extent that the other team members are able to rely on them without question. Otherwise he explained, things just fall apart.

Clive was really able to drive this point home through an anecdote he recounted about a team-building exercise he undertook with an early version of the England Rugby squad at the headquarters of the Royal Marines. An officer took Clive to one side and suggested that some members of the squad wouldn’t make it as a marine. As he succinctly explained it “you don’t get on the helicopter with someone who can’t do their job.”

When clients approach us with staff performance issues because someone isn’t doing their job, we look at a number of things; capability, conduct and motivation.

Is the individual capable of doing their job? Do they have the necessary skills and abilities to fulfil their duties? If not, can this be fixed with appropriate training or are they never going to cut the mustard?

If they are capable, then perhaps the problem is conduct. Is the individual an inherent troublemaker, lazy or have a bad attitude? Is their performance being affected by the behaviour of another team member?

Perhaps the problem is motivation. Representing your country in your bid to win the greatest prize in your sport is probably motivation enough for most rugby players. Employees have a tendency to require motivation in other ways and remuneration is only part of the answer. For example, as managers, we are responsible for applying the most appropriate management style to the employee’s level of ability for any particular task. Our Situational Leadership training has this down to a tee.

Getting the most from your team through the effective management of individuals is a message that we continually echo. Our training courses have something for all levels, including the team members themselves. And at the moment we can offer it totally free to businesses in Gloucestershire and Worcestershire. Call us on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it. to find out how to get your hands on it and start building great teams like Sir Clive Woodward.

The Office of National Statistics (ONS) this week reported that life expectancy in the UK has stopped improving for the first time since 1982. In other words, for the first time in over 35 years, we cannot say that people are living longer in the UK.

Let’s not be too shocked by one set of figures however. Whilst some claim that the stall is down to poverty, austerity and Government cuts in funding, we can’t really expect to keep living longer and longer. It’s got to end somewhere. Besides, the ONS blames the figures on a particularly bad winter death rate from 2015 to 2017 which coincided with a potent flu season.

Despite these statistics, the workforce in the UK continues to age. The abolition of the Default Retirement Age a few years ago means employees can continue to work into their seventies and eighties if they so wish and are capable.

Whilst we might expect an ageing workforce to skew the number of people in work developing Dementia, the Alzheimer’s Society tells us that there are more than 40,000 people under the age of 65 in the UK who already suffer from Dementia. So regardless of the retirement age, it seems that Dementia is something more and more business will have to deal with.

As a mental health condition, Dementia is a disability and so sufferers are protected by the Equalities Act. This means that employer will need to consider and or make reasonable adjustments in the workplace before they can dismiss on incapability grounds. The problem is, each case will be different as Dementia affects people in different ways and sufferers specific jobs will influence the impact that their dementia has on their capability.

A job as predictable as an office cleaner for example might seem fairly innocuous, but if the role involves handling chemicals, even bleach, there is potential for a catastrophic outcome.

In some cases making reasonable adjustments may be very difficult to do. Employees with a diminished memory may struggle to recall any new instructions or performance measures they are required to undertake. Therefore, a change in routine to minimize risk to an employee’s own self and/or his or her colleagues may simply be forgotten.

We usually recommend intervention from Occupational Health when dealing with cases of disability. But because Dementia, and the extent to which it will affect sufferers, is notoriously difficult to diagnose, employers may need to take more decisive action if they believe anyone’s wellbeing is in jeopardy.

A dismissal on incapability grounds may be an employer’s ultimate course of action but a proper procedure should always be followed. This should include an investigation and may involve a number a witness statements that collude to say the employee in question is not safe to be at work.

Dementia and mental illness in general are high in public awareness at the moment and are conditions for which we can develop some sort of strategy detect and deal with. Creating a culture where employees feel comfortable holding conversations about mental health without it being seen as ‘taboo’ is a good start.

For further help and support managing mental illness in the workplace, call us on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it.

In our experience of supporting organisations with sickness absence issues, we tend to find that the vast majority of workers genuinely want to get back to work following sickness as soon as possible. Especially as most will have had their pay reduced to Statutory Sick Pay (SSP) for the time that they are absent.

However, there are always exceptions and it’s probably fair to say that we have always had at least one case or another going on where we are supporting a client who is managing a case involving problem sickness absence.

Because employers haven’t been able to claim back SSP for some time now, an absent employee is not only completely unproductive but is in fact a financial liability. This can be exacerbated if the employer finds him or herself needing to take on temporary staff to cover the absence, particularly if there are targets or a specific workload to be met. For those businesses that have a sick pay scheme which enhances SSP, the incentive to return to work promptly is reduced even further.

Of course we should always give employees the benefit of the doubt. Genuine ill health can be very distressing for people. So by taking a consistent approach in dealing with sickness cases you can support the genuinely sick whilst weeding out those who are ‘swinging the lead’.

These days we usually recommend the intervention of an Occupational Health Professional to assess the person concerned. By involving an independent party, who will be a medically qualified professional, you have taken appropriate action to resolve the situation in a way that is planned to support your employee. This will be noted by a tribunal if a case ever gets to that situation.

The OHP will provide a report, including where appropriate, suggestions for reasonable adjustments in the employee’s job function or environment that will help him or her carry out their job or return to work. Ultimately we are trying to remove the barriers that stop people doing their job. For the genuinely ill this will be welcomed and for those whose illness is dubious you are removing places for them to hide.

Don’t forget that some sickness can be brought on by underlying conditions that are classed as disability for which discrimination under the Equalities Act 2010 carries unlimited penalties. Another good reason to involve an independent OHP. Of course, because of the nature of sickness, there is never going to be a one size fits all solution; but as usual, consistency in how it is handled is key.

Call or e-mail us for support and advice regarding managing sickness absence on 01452 331331 or at This email address is being protected from spambots. You need JavaScript enabled to view it.

We’ve discussed before how work/life balance is increasingly becoming the primary factor in people’s job choices. We’re seeing it in the group we like to call Millennials, but we’re also finding it more prevalent amongst the other main worker demographic, the Baby Boomer generation.

When the country was a manufacturing dominant economy, where machines and production lines had to work in harmony in order to produce goods, it was essential that workers began and ended their shifts at the same time. Even holidays were governed by the ‘factory fortnight’. Now of course we are much more of a service based economy and so flexibility in working hours is becoming as important as the fixed-hours convention once was in order to meet consumer demand.

For employees it’s a statutory right to be able to ask their employer to make a change to their contractual working terms and conditions; provided they have worked continually for that employer for a period of 26 weeks at the time of the request. Employers are obliged to consider any such requests and agree to the changes unless they have a sound business reason.

In the modern climate however, the offer of flexibility in working arrangements is becoming the default position of employers in order to win and retain the best employees. There is a notable increase in the number of companies who work to a relaxed working pattern for their staff, provided the required hours are put in within a 24 hour period. And, these businesses are thriving.

Flexibility in work can extend beyond working hours alone. Changes in place of work, job sharing, shift work and flexitime are all aspects that workers can ask to be amended under a flexible working request that must also be considered. These are also considerations for those employers trying to create a working environment that attracts the best talent whilst meeting the needs of the customer.

The quest for the perfect work/life balance may be a lifestyle choice amongst millennials but for the baby boomers there may be other motivators that drive the need for changes in working arrangements. Having to care for children or grandchildren is a common reason, but as our life expectancy, and dementia increases, so does the need to care for the elderly.

Whether you choose to implement flexibility in working arrangements as lure for new employees or because you are honouring flexible working requests, we recommend that your contracts of employment are carefully worded to be clear and unambiguous. You’ll need to be sure you retain control of any situation should a problem arise and your contracts are what you’ll need to turn to should you need to lay down the law.

For help and support with implementing flexible working arrangements and with changes to contracts, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

We’ve had a look at the cases and incidents we’ve been asked to support with over the past few months and it’s apparent that there are a few practices that employers are still carrying out that they really shouldn’t be.

Some are clear cut absolute No-Nos and a sure-fire, one way ticket to Employment Tribunal whilst some are perhaps a little more subject to opinion. Bearing this in mind, we’ve compiled our top five Do Not Do list. Have a look through and you can give yourself a pat on the back if you can honestly say you’re not guilty of any of the following.

If you find there may be one or two areas that are open to debate, perhaps you should give us a call. Prevention is better than cure after all. Here goes:

• DO NOT ask for any medical history as part of the application process. We still see this on some companies’ application forms. It’s actually unlawful to ask for any medical information during the recruitment process unless it is categorically intrinsic to the position being applied for. Asking somebody who is required to use breathing apparatus as part of their job if they have any history of respiratory disease might be an instance where it’s acceptable, but even then, only where it’s relevant.
  
  
• DO NOT circumvent your disciplinary process. You can’t just sack someone or even issue a warning on the spot. You must be seen to follow due process. Even for gross misconduct you should hold an investigation followed by a disciplinary hearing. If the result is some disciplinary action including dismissal you must offer the chance to appeal. If you don’t want the employee on the premises you can suspend them. The only exception is when an employee is still in their probationary period. Strictly speaking you can just dismiss if an employee has less than two years’ service but we recommend that you still follow your processes so that you are not accused of wrongful dismissal.
  
  
• DO NOT fail to hold and record performance meetings. Getting rid of an under-performing employee is much more difficult if you do not review their performance and keep a record. During the review discuss their performance and how they are doing against targets. Set new targets that you can review at the next meeting and keep the targets SMART so that the employee can be properly held accountable. Make sure that targets are agreed and a copy of paperwork is signed by them so they can’t argue against it. Apart from anything else, performance reviews are excellent for staff morale and productivity so you should be doing them regardless.
  
  
• DO NOT treat contractors as if they are employees. If you have people working for you on a self-employed sub-contract basis, do not give them uniform, make their contract exclusive to you or dictate when they can take holiday. This sort of behaviour means you’re treating them as though they are an employee and you run a risk of being asked to fulfil all your employer obligations like paid holiday and sick pay. The recent Pimlico Plumbers case has become the poster-boy of how not to treat your contractors.
  
  
• DO NOT be inconsistent with policy application. If you have a policy that says you do something a certain way then do it like that and apply it across all staff consistently. You are up against something called “Custom and Practice” which broadly means that your rules and polices are the way you act them not the way they are written down. So if you give one employee paid time off work to go to the dentist or watch their child’s nativity play, you’re going to have to do that for everybody or risk a discrimination claim. If you’ve started shutting up the shop early on a Friday and you maintain this for a few months, don’t be surprised if you get a backlash from your workers when you suddenly ask them to stay until 5.00pm. Custom and practice comes up in disciplinary issues a lot. Be mindful of when there is a chance it’s happening.

How did you do? Well done if you can hand-on-heart say that none of these apply, but if you think you might need support with one or two, we here to help on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

You have probably seen at least one film or TV programme where vital evidence for the prosecution in a courtroom scene is deemed as inadmissible resulting in a clearly guilty defendant getting off scott-free. Maybe the police didn’t have the correct search warrant when crucial evidence was discovered or perhaps the defendant wasn’t read his or her rights.

Whatever the reason, the underlying problem is that there was a failure to follow procedure which means despite overwhelming evidence, the defendant gets off on a technicality.

The same principal goes for Employment Law and it’s an issue worth raising as there have been a number of Tribunal cases recently that have been ruled in favour of the employee because the employer did not follow due process or procedure. Some examples are:

• An employee who won her appeal against dismissal because her request to postpone a disciplinary hearing until her union representative was available was refused by her employer
• A teacher who was dismissed following inappropriate behaviour with a pupil won his Tribunal which judged the numerous disciplinary hearings he was required to attend to be disproportionate

In cases such as these, the employee has a claim for wrongful dismissal, which is effectively breach of contract, or unfair dismissal if there is more than two years service. It is the failure to follow procedure which amounts to this breach. Even when an employee blatantly deserves to be dismissed, failing to follow the correct procedure is like handing them a “get-out” clause.

Unsurprisingly, the disciplinary procedure is the subject we advise on the most and procedural inconsistency is what causes the most problems.

By law, your disciplinary and grievance policy must be readily available for scrutiny by any employee and will ordinarily reside within your staff handbook. Because your policy is available to all employees, there really is no excuse for failing to follow the procedure. The most common failings we come across are:

• Lack of impartiality at various stages of the process. Eg the disciplining officer also hears the appeal
• Missing levels of the procedure out altogether such as issuing a warning on the spot without any investigation
• Failing to make reasonable adjustments for employees to attend meetings
• Lack of a thorough investigation
• Failing to give adequate notice for disciplinary hearings

We know that following the procedure each time is onerous and time consuming. It detracts from your normal tasks and places added stress on people and their time. What you must consider though is the detrimental effects of not following procedure and the implications, including significant costs, this could have.

We’re on hand to help clients get through the disciplinary procedure safely and if needs be we will even come on site and conduct it on your behalf. For more information, call us on 01452 331331 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.