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HR Advice Line Queries “How can I create or introduce a fair pay rise and bonus system for Practice Staff?” • As GPs are independent contractors it is their decision as to whether their Practice can afford a staff pay rise. • If they decide it can then there is no ready made next step they must ensure that whatever they do it is – Appropriate for the Practice and sustainable for the future – That it effects both full and part-time employees equally – And that none of the 9 “protected characteristics”, such as gender, are discriminated against Following on from this… • Some Practices have made us aware that they are considering introducing performance related pay, our advice has been that if they are considering this then… – They need to take care to ensure that it is overtly fair and non-discriminatory. – One way of doing this is by basing it on measurable SMART targets for all those individuals involved. “What do I do if someone is on long term sick and failing to maintain contact with the Practice?” • Managing long-term sickness can be difficult, but is made less so if the employer establishes some “ground rules” with the employee involved, at the outset. • These should include: • An agreed plan for regular contact • Likely duration of absence and the potential impact of the reason for absence on the person’s ability to do their job upon return • Agreement on seeking input from objective medical advice • A clear shared understanding of sick pay entitlement • And finally a “getting back to work” plan if needed to support the employee’s return However, if the employee does not comply and keep in touch whilst absent… • ... Then such behaviour has the potential to be progressed through the Practice’s disciplinary procedure • Which would include: • Inviting the employee to an investigation • This then being possibly followed by inviting the employee to a disciplinary hearing • If the employee fails to attend any of these meetings – then the Practice could make decisions in their absence, based on the information, as they understood it. “What do I need to do if I want to outsource our Practice’s Cleaners?” • TUPE would apply in such circumstances. • It stands for “Transfer of Undertaking Protection of Employment” and it is legislation dating from 1981. • The purpose of which is to protect employment rights when employees transfer from one business (the outgoing one) to another (the incoming one). • In these circumstances and for the purposes of TUPE this Practice would be the outgoing employer. • If they are outsourcing all cleaning - then all cleaners will be effected • As this is likely to be less than 10 people they can consult directly with them on: • The business reason for the transfer • What the transfer will involve, what will stay the same and what may change • An opportunity for those employees effected to make suggestions on the plans • Following this the Practice should provide each employee with a letter to confirm the details of the transfer. • The Practice will not be involved in any redundancy process that will be for the new, incoming employer, to take on. • The Practice will need to provide the new employer with the details of each employee. • If any employee chooses to resign in advance of any such transfer this should be treated as a normal resignation. • For information - refusal to transfer by an employee is not a valid reason for constructive/unfair dismissal. “I am new to the Practice and one of the employees is struggling with their role – I’ve held a review but nothing is changing what can I do next ?” • In such circumstances you should act in a fair and reasonable manner and we advice doing this by following a performance improvement process - holding a meeting with the individual to get to the root of the issues: • Lack of training? • Other issues at work • Domestic distractions? • Lack of understanding of what is expected? • Technical issues? • Disability related matters? If the reason is disability related – then you should explore this with the appropriate experts such as an Occupational Health Advisor • The outcome from this process should be an agreed personal improvement plan. • That include any necessary training, sets expectations by means of SMART objectives. • Subsequently performance should then be formally reviewed with management of it then being escalated or de-escalated as appropriate. “How can I manage behaviour – as you can’t measure it?” Our answer to this is...... • Behaviour is ‘conduct’ which is one of the fair reasons for dismissal - via the disciplinary procedure • It is often good to set behavioural standards for the Practice and communicate these through team meetings. • These can also be discussed in appraisal and performance reviews. • When looking at formal processes, such as disciplinary – it is all about documented examples and discussing whether any cited behaviour was appropriate to the situation • Other things to be aware of is that the Practice, as the employer, has a duty of care towards its employees which includes such things as preventing them from being victims of any bullying and/or harassment behaviour.