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February 2008 Newsletter

Does Employee Misconduct Affect All Employees?

In any workplace, despite the number of employees, there are instances of employee misconduct. As a manager, you cannot hide from it when it happens. You must deal with it consistently, fairly, and quickly. It is critical to workplace morale that you manage this problem properly. Otherwise it will cost your company in both time and money.

There are several forms of employee misconduct and we can only cover a few here. First, an employee can be disruptive and disturb others in the same work area. Commonly, this takes the form of employees who are comedians and spend more time being funny than doing work. Such employees claim they are having fun to make it a better place to work. An example, of course is the standard "horseplay" where employees carry out inappropriate physical antics. Physical antics by one employee can endanger the safety of his or her colleagues and puts the company in a tricky position if it is not dealt with.

However another, more recent problem involving misconduct, is with the use of e-mail and instant messaging. Employees like to e-mail and instant message jokes around the office. But some employees get carried away and spend much valuable time sending that perfect tid bit of humour. Big problems arise from these types of disruptions especially when left unchecked. Other issues arise when one or more of the recipients do not find the joke funny or are offended by it. Occasionally, this leads to an employee filing a lawsuit against the company. Both situations cost the business time and morale can be affected.

Besides disruptive behaviour, employee misconduct occurs when an employee is abusive or refuses to follow directions. Their personal behaviour may make everyone around them uncomfortable and may even create a hostile work environment. Sometimes these employees have a following of other workers who are just as abusive and insubordinate.

Another type of employee misconduct is when the employee has excessive absences either excuse or unexcused. Typically workers do not expect much from these employees and everyone is demoralised because of it. Usually other employees have to pick up added work so the work gets done, leading to inefficiencies.

And lastly there is the employee who is criminal. This employee steals property, takes money, and does bodily harm to others.

Finding out exactly what happened is the first action you, as manager, need to take in response to any employee misconduct. Sometimes, exactly what happened is hard to decide because other employees may be too afraid to speak about it. However, you must endeavour to get all the facts. If you dismiss an employee for any particular misconduct your documentation must be up to scrutiny. This means talking with the employee accused of misconduct, carrying out a thorough investigation and following a robust disciplinary process. Always remember to give the employee the right of appeal against any outcome.

If left unattended, misconduct will quickly demoralise the other employees you supervise. While everyone reacts differently, your top performers are usually going to be your first casualties of demoralisation. Most importantly, always keep your ear to the ground since employee misconduct can damage your business.

Employment Law

The Corporate Homicide Act 2007 comes into form on 6 April 2008. This introduces a new offence of corporate manslaughter. Organisations will be prosecuted if the way their activities are managed leads to a person’s death and amounts to a gross breach of a duty of care.


From February 2008, the immigration law will be simplified. However, employers who are found to have negligently employed illegal overseas workers will get a maximum fine of £10,000 per illegal worker.


Watch out for the extension to the right to request flexible working to parents of older children. Currently the right applies only to parents with children under six years.

News & Comment

So you thought that expensive Employment Tribunals only took place up country? Think again. A recent tribunal unanimously found against St Austell Golf Club who have to find over £26,000 to reimburse two employees following their loss of earnings and jobs. The club had falsely accused them of dishonesty, drunkenness and forced them to resign.

In January an unfair dismissal claim was settled out of court against the former chief executive of Cornwall Air Ambulance Trust who had been sacked for gross misconduct on the allegation of stealing from collection boxes. We can only guess how much the settlement was.

A timely reminder that getting it wrong can cost your company not only in the time and disruption, but financially as well.

The Employment Tribunals Service state that there have been more than 1,500 age discrimination claims filed since the regulations came into force. are your employment practices age proof?

Do you have a question or query about any staffing issue in your company? Drop us an email and we will do our best to answer it.

Quote for November…

"Laughter is the shortest distance between two people"
Victor Borge

 

Quality HR Solutions geared to your business needs

t: 0845 602 1453
e: info@sapiencehr.co.uk

Sapience HR offers effective outsourced Human Resources and Personnel services and Consultancy so that companies have the right people and systems in place to achieve their business objectives.

© Sapience HR 2007


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