Disciplinary

Grievance

From setting up a grievance procedure to holding a hearing and managing appeals, we’re here to walk you through the process so that you can resolve issues quickly, compliantly and with minimum disruption to your business.

How long should a grievance investigation take?

That will depend on the subject matter of the grievance or how many allegations are made. There is no legal time limit on how long the investigation should take and the Acas Code of Practice says that an investigation should be completed within a reasonable time frame.

Can I ignore a grievance?

This would not be a good idea. If someone has complained about their treatment at the hands of a colleague or manager, ignoring the problem will not make it go away. In fact, it will probably make things worse. If the complaint is not dealt with properly, it could lead to a resignation and then a constructive dismissal claim or, depending on the subject matter, a claim for discrimination.

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Absenteeism

Whether you’re bogged down in these low-level issues or facing a particularly tricky situation, our experts can help you deal with bogus absences, long-standing conditions that may be disability-related, and everything in between.

Can employers terminate employment for sick absence?

While occasional sickness absence is normal, some employees may call in sick far more than you’d expect of your average person. In these situations, you should refer to your sickness absence policy, which should set benchmarks, known as trigger points, for unacceptable levels of short and frequent sickness absence.
These should be reasonable and using the Bradford Factor formula will help you to determine when short-term absence levels have become excessive. Your sickness absence policy should also establish what actions will be taken once those triggers have been met.

How long is long-term sickness absence?

There is no hard and fast rule about this. Each case will turn on its facts considering, in particular the nature of the employee’s condition, whether it amounts to a disability and how long it is likely to last for. Medical evidence will always be key in answering these questions and when considering how to deal with people off on long-term sick.

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Upskilling Managers

Whether you’re keen to upskill in essential HR topics and legal compliance or looking for ongoing support in the form of a responsive helpline, we offer a range of solutions designed to help managers carry out their role confidently and effectively.

What types of management training do you offer?

We offer a range of interactive and engaging HR training courses designed and delivered by professionally-qualified, highly-experienced HR practitioners. Popular courses include Discipline & Grievance, Manager Essentials and Courageous Conversations, all of which are delivered exclusively to you on site or at a venue of your choice.

Will you support managers, or just HR teams and business owners?

Typically, for smaller employers, we support managers, directors and owners, essentially becoming a high-quality outsourced HR function. For large employers, we provide specialist support to their in-house HR Team.

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Contracts and Handbooks

What policies should be included in an Employee Handbook?

There are no hard and fast rules but as a matter of best practice all handbooks should contain information on disciplinary and grievance procedures, absence management, holiday rules and entitlement, performance management, family friendly rights and policies, guidance on equal opportunities and data protection.

I’m not sure whether my contracts are up to date or not. Can you help?

Absolutely. Employers often use the same contracts and policies for years, only realising they’re out of date when an issue arises. We can conduct a full MOT to assess any areas where they are outdated or fall short, then either replace or revamp them for maximum cover and effectiveness.

Employment Tribunals

At Ellis Whittam, we help organisations proactively reduce their exposure to claims through pragmatic advice and support. With a trio of dedicated Employment Law specialists at your disposal, you can navigate your way through even the trickiest employee matters quickly and compliantly.

How much does an Employment Tribunal cost?

Since 2017, it does not cost anything to make a Tribunal claim and that has seen the number of claims increase exponentially. If a disgruntled employee wants to make a claim against you, all they need is a laptop and a spare 10 minutes. Once that claim is submitted, you are into a process which is not easy or quick to get out of. The average compensation payment in an unfair dismissal claim is around £15,000 and legal fees can often match that. As a result, it makes sense to have the benefit and peace of mind of Legal Expenses Insurance which will cover these costs.

Can you help us to detect issues before they result in a claim?

Yes. For organisations with larger case volumes, we can produce MI reports to uncover any emerging issues and problem hotspots. That way, you can recognise, and with our help resolve, employee issues before they escalate into full-blown claims.

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