David Woods' timely article is an interesting read.
As a HR professional, I spend quite a bit of time staying abreast of case law, in case it changes the way I handle specific issues as they arise. No two matters are alike and this means that we have to navigate our way through complex precedent. The law is more grey, than it is black and white.
If it were just a matter of twice yearly employment law updates, I am sure we could cope. But with the burden of proof often being on the employer, and claims being decided at the whim of individual tribunal judges, HR professionals increasingly find themselves erring on the side of caution.
It's refreshing to see that compromise agreements (recently mooted as settlement agreements) are being encouraged. However, too often these are used to ward off tribunal action regardless of the employee's prospect of winning because of the time, cost and trouble of claims. Therefore, decisions are taken by measuring the risk presented by a particular employee, rather than the risk of a particular course of action.
Reading that the government has so far failed to consult HR professionals and trade unions, who are both at the coal face of employee relations, is disappointing to say the least. According to Woods, the government have relied upon the views of lawyers in obtaining a professional view point. However, this group represents a tiny proportion of British industry and, arguably, have a vested interest in preserving their position as intepreters of the law.
Employment law should not be a minefield for employers to navigate which leaves them in fear of tackling poor performance, absence or misconduct. Employers want the freedom to get on with running their organisation, not pondering whether it's okay to dismiss someone after an inconclusive occupational health report, like in this recent case. If employment judges can't agree on how to interpret the law, how are employers meant to cope?
Your thoughts and comments would be greatly appreciated!
To read David Woods' full article, please follow the link.
