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5 Implementing Policies and Procedures

Sian | 0 Posts

23 Mar, 2019 14:55

Hello everyone! I have recently taken on a my first HR Advisor role (from HR admin) so still in the learning process. I have had a family member come to me looking for some advice and wanted to sense check before I respond.

It is regarding a small roofing company. The company has been going for years (ran by four men) - started off as a small one branch, handful of employees and has now grown to three branches and significantly more staff. The first issue is that they have never implemented or applied any HR policies as they have never really needed too, however, now have an employee who they need to manage and it is posing as an issue.

Firstly, can I just take CIPD/ACAS sample policies and implement them into the company. Make them more specific to the company etc - They would only be the basic ones absence/disciplinary/grievance/performance/health and safety/drug and alcohol/ types of leave. Do they need to be signed off or checked by anybody. As only self employed company no union exists.

Secondly, the issue with the staff member. They are a single parent who when began at the company had lots of support system around for childcare, however, as the years have gone on this has massively decreased and they appear to be on their own. The child appears to suffer with a lot of sickness so the employee has taken over 25 days unpaid dependency two years ago and 30 days unpaid dependency last year. The employee works 4 hours a day and the company are very flexible re. the start and finish times. I.e. They can start work between 9-9:30 - anytime after that then they must call to inform the business. However, the keeping in contact doesn't always occur. Furthermore, on Friday the employee asked for annual leave last minute for issues with her boyfriend. This was granted. However, the employee asked if they could make up the hours and come into work for extra time the next day. The business said yes, this is fine. However, when she was due in in the afternoon, the employee did not turn up and did not inform the business. This is now starting to get out of hand and the employee is taking advantage. The company have advised if continues they will start to undertake disciplinary procedures but the employees then asks for the policy (quite rightly) and this is where they fall short. I know that in terms of dependency leave this is unlimited and should be discounted but the lateness and other unpaid days off are now an issue.

My first piece of advice would be to have a informal chat with the employee on Monday and discuss how their conduct/lateness is starting to cause concern. The company have agreed working arrangements and they are not being adhered too etc. I was also going to advise to implement set working hours. It doesn't appear to be working the flexi start time. Put a review period in and have a discussion with the employee as to what hours would be best suited and then turning up late and no contact can be monitored more closely if a set time has been implemented.

My advice after the meeting would be too issue a letter of concern to start getting the everything documented (flex time / support measures in place / agreements / standards) etc and to let the employee know that this is serious.

I suppose my question is really, would this be appropriate? I'm anticipating that the employee will come back and ask for the disciplinary policy. Would using the sample ones be appropriate?

Any help/guidance would be much appreciated. Thank you!

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Peter Stanway | 0 Posts

25 Mar, 2019 06:55

You say it is only a self employed company so do they actually think that they have got some employees?
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David Perry | 0 Posts

25 Mar, 2019 11:23

What you are proposing sounds fine.

As you are aware, ANY policy you use needs to be adapted to the company, and for that you will need the agreement of the owners, so they all agree. Then ensure that the employees are aware of the, now, written down policies etc.,

Certainly for the individual concerned I'd make it very clear how unhappy the company is that he's abusing and/or not following what was agreed by him previously. I'd make it clear that if this continues, he may well be the subject of disciplinary proceedings against him.

However, you might want to clarify Peters question 1st regarding 'self employed'
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Helen | 0 Posts

25 Mar, 2019 20:21

Hi Sian

Sounds like you have some work to do. I too work in a stand alone HR role where I need to review and implement policies and procedures. If you don't have access to specific employment law support then ACAS and the cipd (HR Inform) are a good starting point for policies. Your Discipline and grievance (or indeed any policy) should be non contractual (Which means you can't be sued by the employee for breach of contract if you deviate from procedure - this also works the other way for breach of contract). Have your employees all got written contracts of Employment which state that the disciplinary/grievance policies are non contractual? I would set up all your policies following a template format which also shows when you've written it, which version it is, ie version 1, when its due for review and who it needs to go to for approval prior to general release? I use a template format to ensure I don't miss anything and also check this communities forum for any additional input. If you message me privately I can help.
In terms of the employee with the lateness. Do you have anything documented in terms of what dates she has been late, when she hasn't turned up at all and when she hasn't contacted the company? Has her line manager had any previous informal chats which have been documented? Do you know what health issues her child has and how old the child is?
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Robey | 0 Posts

26 Mar, 2019 15:52

Horse, first. Then cart.

In this case, the troublesome employee should be dealt with first, *then* develop written policies. The fact that the employer has no policies doesn't stop them from dealing with problem behaviour. They are a small employer and it's understood that policies may or may not be in place for companies like this and it's adequate to recognize the shortfall and be taking steps to address them. Having the i's dotted and t's crossed can come later.

It doesn't need a policy to have a conversation with an employee about their absence. Of course, such conversations should comply with ACAS guidelines, so the employer should be aware of the employee's rights going into the conversation. Assuming this is the first one, therefore, it seems sufficient to raise the issue, clarify what's acceptable and what isn't, and issue an informal warning in writing summarizing these points.

Don't get hung up on the absence of a policy. The conversation is there to establish what is and what is not acceptable absence and absence reporting in this particular case. Policy can come later.
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Elizabeth Divver | 0 Posts

26 Mar, 2019 17:31

In reply to Robey:
"Horse, first. Then cart."

I'm stealing that.
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