Managing Employee Issues

Managing staff effectively requires navigating various challenges, from performance concerns to disciplinary matters and employee grievances. Our employment law team provides expert guidance and support to help businesses address these issues fairly, consistently, and in compliance with UK employment law.

The disciplinary process

Handling disciplinary issues requires a clear and fair process. Employees must be treated fairly whilst they go through the disciplinary process, and it is important for employers to be mindful of the ACAS Code of Practice and internal policies. We advise on all aspects of disciplinary procedures, including:

• Conducting investigations: We can guide you through conducting thorough and impartial investigations into alleged misconduct.
• Holding disciplinary hearings: We advise on the correct procedure for holding disciplinary hearings, ensuring fairness and due process.
• Issuing disciplinary sanctions: We advise on appropriate sanctions, ranging from verbal warnings to dismissal, ensuring they are proportionate to the alleged misconduct.
• Appeals process: We can help you establish a fair appeals process for employees who wish to challenge a disciplinary decision.

The Employment team at BPE can provide the support and guidance you need during the disciplinary process, minimising the risk of unfair dismissal claims and promoting a fair and consistent approach to employee conduct.

Performance management

Effective performance management is crucial for maximising employee productivity and achieving business objectives. As an employer, you should aim to create an environment where performance management is approached as an opportunity for improvement and continuous professional development for all employees.

The Employment team at BPE can advise you on how to make the performance management process engaging for you as an employer, and rewarding for your employees. We can help you:

• Set clear performance expectations: We advise on setting clear and measurable performance targets and objectives.
• Conduct performance reviews: We advise on conducting regular performance reviews, providing constructive feedback, and identifying areas for improvement.
• Implement performance improvement plans (PIPs): We can help you develop and implement PIPs to support employees in improving their performance.
• Manage underperformance: We advise on managing persistent underperformance, including the potential for dismissal in appropriate circumstances.

Sickness absence management

Managing sickness absence effectively is essential for minimising disruption to your business and supporting employee well-being. The Employment team at BPE can advise on your legal obligations regarding sickness absence, including statutory sick pay (SSP), disability discrimination, and reasonable adjustments.

• Developing sickness absence policies: We help you create clear policies that outline reporting procedures, sick pay entitlements, and return-to-work procedures.
• Conducting return-to-work interviews: We advise on conducting effective return-to-work interviews to support employees in returning to work safely and effectively.
• Managing long-term sickness absence: We advise on managing long-term sickness absence, including considering reasonable adjustments and potential medical dismissals.

Effective sickness absence management reduces costs associated with absenteeism and supports employee health and well-being.

Grievances

Establishing a fair and transparent grievance procedure is essential for resolving employee concerns and preventing escalation. Our Employment Team regularly helps businesses of all sizes to conduct complex and challenging grievance processes including;

• Developing grievance procedures: We help you create clear procedures for employees to raise grievances and have them addressed promptly and fairly.
• Conducting grievance investigations: We advise on conducting thorough and impartial investigations into employee grievances.
• Holding grievance hearings: We advise on the proper procedure for holding grievance hearings and reaching fair resolutions.

Whistleblowing

Whistleblowing is a crucial mechanism for uncovering wrongdoing within organisations. While it's essential to protect whistleblowers, it's equally important for businesses to have robust procedures in place to manage disclosures effectively and minimise potential risks. Our employment law team advises employers on all aspects of whistleblowing law, ensuring compliance and fostering a culture of internal reporting.

Understanding Whistleblowing and Qualifying Disclosures
Whistleblowing, also known as making a protected disclosure, occurs when a worker reports certain types of wrongdoing at work. These wrongdoings are called "qualifying disclosures" and can include:

• Criminal offences (e.g., fraud, theft, bribery)
• Breach of legal obligations (e.g., health and safety, environmental, data protection)
• Miscarriages of justice
• Danger to health and safety
• Damage to the environment
• Deliberate concealment of any of the above

Why is a robust whistleblowing policy important for your business?

A well-drafted and implemented whistleblowing policy offers several key benefits:

• Early Detection of Wrongdoing: Encourages internal reporting, allowing you to address issues promptly and prevent escalation.
• Mitigation of Legal and Reputational Risks: Helps you avoid costly litigation, regulatory fines, and damage to your company's reputation.
• Improved Corporate Governance: Demonstrates a commitment to ethical conduct and transparency.
• Enhanced Employee Trust: Fosters a culture of open communication and encourages employees to raise concerns without fear of reprisal.
• Compliance with Legal Obligations: Ensures you meet your legal obligations under whistleblowing legislation.

Our expertise

Our experienced employment lawyers provide comprehensive advice and support to employers on all aspects of whistleblowing, including:

• Developing and implementing whistleblowing policies: We help you create clear, accessible, and legally compliant whistleblowing policies tailored to your specific business needs. This includes defining reporting channels, investigation procedures, and confidentiality protections.
• Training your staff and managers: We provide training to your staff and managers on how to recognise, handle, and investigate whistleblowing disclosures effectively. This ensures consistent application of your policy and promotes a culture of internal reporting.
• Conducting internal investigations: We advise on conducting thorough, impartial, and confidential investigations into whistleblowing allegations, ensuring due process and fairness for all parties involved.
• Managing whistleblowing disclosures: We provide guidance on handling disclosures sensitively and in compliance with the law, including protecting the identity of whistleblowers and preventing retaliation.
• Responding to external disclosures: We advise on managing disclosures made to external regulators or the media, minimising potential reputational damage and legal risks.
• Reviewing and updating existing policies: We can review your current whistleblowing policies to ensure they are up-to-date with the latest legislation and best practices.

Our Employment team has extensive experience in supporting a wide range of employers dealing with whistleblowing allegations. We promise you clear professional advice and a friendly, personal service to protect your business interests and mitigate potential risks.