Employment Updates

New leave rights for parents as to how they use maternity and paternity leave.

The government is proposing to change the law so that employed mothers will be able to transfer all or part of the last 26 weeks of maternity leave to the father. To the extent that this "additional paternity leave" is taken during the mother's 39 week maternity pay period, it would be paid at the same rate as SMP, currently £123.06.

A consultation on draft regulations is to be launched soon. Subject to consultation and parliamentary procedure, the Government intends that the law be in force by April 2010 and have effect for parents of children due on or after 3rd April 2011. More information 

Disciplinary Procedures

The main purpose of operating a disciplinary procedure is to encourage improvement in an employee whose conduct or performance are below acceptable standards. Problems dealt with early enough can be 'nipped in the bud', where as delay can make things worse as the employee may not realise that they are below standard unless they are told. Arrange to speak to the employee as soon as possible - the matter may then be able to be dealt with in an informal manner and not as part of the disciplinary process. Disciplinary procedures are required by law.

Key Points
  • Rules are necessary because they set standards. A good disciplinary procedure helps employees keep to the rules, and helps employers deal fairly with those who do not
  • Rules will normally cover issues such as absence, timekeeping and holiday arrangements, health and safety, use of the organisation's equipment and facilities, misconduct, sub-standard performance, and discrimination, bullying and harassment
  • Rules and procedures should be clear, and should preferably be put in writing. They should be known and understood by all employees
  • All employees should have ready access to a copy of the rules and disciplinary procedures
  • Management should aim to secure the involvement of employees and any recognised trade union or other employee representatives when rules and disciplinary procedures are introduced or revised
  • Rules should be reviewed from time to time and revised if necessary
  • Management should ensure that those responsible for handling a disciplinary hearing understand the disciplinary hearing process and have been trained in the disciplinary procedure.

Inviting an employee to a disciplinary hearing should always be in writing and state the alleged issues to be discussed. The employee does have the right to a representative present. If any action will be taken the employee must have the right to appeal.

For a Disciplinary Procedure or documents, forms and letters associated with a Disciplinary Procedure - CLICK HERE.

Disciplinary diagram

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