POLICIES and procedures - words to strike dread into the heart of any SME owner or manager. Set a rule and you can be sure someone somewhere will be beavering away to bend, if not break, it.
While we all accept that we need rules and that without them anarchy would reign, it seems we cannot stop ourselves from ignoring them when it suits us.
Whether it’s exceeding the speed limit on a straight and empty road, taking the train without
a ticket or any of a thousand other small breaches, mostly all of us at some time succumb to lawlessness. None of us like to be told what to do - asked perhaps, but not told.
Working in human resources for the construction industry, I am constantly astounded by the lengths some companies will go to to avoid the requirements imposed on them by various pieces of employment legislation.
Well, new statutory procedures are on the way for employers. The Employment Act 2002 gives us the statutory grievance, discipline and dismissal procedures, which come into force next month. These procedures will tell employers and employees what, in a grievance or disciplinary situation, they are obliged to do.
And, although procedures are involved, the potential benefit to employers and employees far outweighs any pain felt in adhering to them.
Initially, the legislation will require employers to have procedures in place to deal with two fundamental aspects of any employment relationship - discipline and grievance - and to ensure that their existing procedures are compliant with the legislation. Contracts of employment will also have to be reviewed.
By putting into place all the required rules, whether it be a contract of employment for your employees, disciplinary and grievance procedures, or any other company procedure as required, employers are providing clear and concise information to their employees of their rights and obligations.
Secure in the knowledge that they know what is expected of them and what action may be taken if they under-perform or their conduct does not satisfy requirements, employees will also know what to do should they have a problem arising from their employment.
The statutory procedures have been introduced in an attempt to encourage employers and employees to solve their own disputes, instead of automatically submitting a claim to an employment tribunal.
Non-compliance with the procedures will result in a potential increase or decrease of up to 50 per cent in terms of the penalty imposed, depending on the party at fault.
Employers should ensure now that their procedures are up to date and compliant. Those with no procedures should put them in place and, as part of their management systems, review their procedures periodically and check that they are still current, whilst ensuring that their line managers or supervisors with staffing responsibilities are trained in all current aspects of the company’s HR systems.
Many employment courses focus on the "must do" aspect of employment legislation which can lead companies to adhere to the letter of the law but will not engage with the spirit of the law. Employers require to be convinced and coaxed into seeing that employment legislation has a useful aspect for them.
It may appear that it is weighted in favour of the employee and, in some respects it is, but by utilising the law and playing by the rules, staff issues and management are made easier for employers, in particular small or medium companies who do not have HR staff to offer guidance.
I have come to accept that statutory requirements exist to level the playing field and ensure that all employees receive at least a minimum standard of treatment, as well as ensuring that all employers have similar obligations. This can only be a good thing.
Alyson Morrow is head of human resources at Scottish Building
The full article contains 650 words and appears in Edinburgh Evening News newspaper.
