Job offers: getting it right first time

Welcome to the July edition of our e-newsletter.

This month, we’re talking about job offers: the best way to offer a candidate a role and the information you need to provide. We also look at how to manage requests for flexible working, and report on a huge whistleblowing compensation case that took a decade to be resolved.

Time to make a job offer?

When you find the perfect candidate for the role you want to fill, it feels like a weight has been lifted. But what are the next steps? Our blog this month tells you everything you need to know about making a job offer and the paperwork you should include. We’ve also got a few tips on making sure your new hire has a great first day.

CLICK HERE to read the blog.

News

Big stories in the world of employment

Royal Mail pays out ￡2.3m in 10-year-old unfair dismissal case

Compensation claim settled after prolonged legal battle?

A decade after a Royal Mail employee was dismissed for whistleblowing, she has finally been awarded more than ￡2.3m in compensation (reported in?Personnel Today).

Ms Jhuti was a media specialist working in Royal Mail’s MarketReach unit. She left in 2013 after raising concerns that Ofcom guidance was being breached and over the way some employee bonuses were being awarded. She was subjected to bullying and harassment by her manager, who imposed weekly one-on-one meetings on her and also asked her to provide key contacts from a previous job. She was then offered money to leave Royal Mail. Ms Jhuti took sick leave and left in 2013.

An employment tribunal hearing to talk about compensation for the unfair dismissal was supposed to take place in 2016 but was postponed owing to appeals. In 2019, the Supreme Court ruled that Ms Jhuti had been unfairly dismissed, and also found that Royal Mail had deliberately failed to resolve her grievance and appeals in a timely manner. Evidence suggested that the mental health impact of losing her job meant Ms Jhuti had been unable to work since.?

When it finally convened in 2022, the employment tribunal recommended that Royal Mail pay ￡109,065 in compensation, plus ￡12,500 aggravated damages. However, it said that the final total should be agreed between both sides at a later date. Ms Jhuti’s legal team requested another hearing – the London central employment tribunal met in February and stated that compensation had not been awarded because neither side could agree on the correct way to calculate the amount owing. The February tribunal ordered Royal Mail to pay Ms Jhuti ￡2,365,614.13, made up of awards for detriment, past and future losses (including pension), a basic award, an award for tax and an ACAS uplift.?

Royal Mail is appealing against the size of the award and the method of calculation, but says it intends to make an interim payment to Ms Jhuti.

Hiring your first employee?

Taking on a new member of staff for the first time might seem daunting. But we can help you make sure you’ve got everything covered. Find out more?HERE.

For any job offer or recruitment issue you might have, Moss HR are here to help. Give us a call on 01449 708999 or email at [email protected]

Save time, reduce stress… talk to us!

If you’re the owner a small business, finding HR help that isn’t tailored for a larger organisation (and that takes your precise needs into account) can be tricky. We make a point of listening to all our clients, no matter the size of the company. Here’s Kerrie from THP Plumbing and Heating, explaining how Moss HR helped her.

“We are very pleased with the service that we received from Moss HR. As a small company, it was difficult to find the help we needed in improving our HR policies at an affordable price. Joanne was recommended to us for the personal and professional service that she offers. From the start, Joanne has been easily contactable and has tailored her service around our needs and budget. We are very happy with the documents that she has created for our company and plan to use Moss HR for our HR needs going forward.

“Thank you again for your help with everything – you have saved me a lot of time and stress.”

Top five…

Tips for handling flexible working requests

Incoming changes in employment law mean that employers must now consult with employees before rejecting any requests for flexible working. Employees also no longer have to set out how the employer might deal with the impact of their request. Previously, only one request for flexible working was allowed in any 12-month period. Now it’s two. Also, employers used to have three months to respond to a flexible working request – that’s now two months if no extension is agreed. These changes will come into effect in approximately 12-months time.

Here are our top five tips for making sure the process works effectively for both you and your employees.

1)?Have a policy. This may sound obvious, but formalising your approach to flexible working requests makes it easier to answer questions as they arise and will allow you to be consistent with all employees, potentially saving problems down the line. And make sure you re-read on a regular basis it so you’re up to speed with procedures.

It’s worth having a quick look at the case Walsh v Network Rail Infrastructure Ltd (flexible working procedural requirements). An employee complained to an employment tribunal after a decision on a flexible working request was not made within the three-month period. If you think it’s likely that making a decision will take longer than the designated time period, seek agreement with the employee to extend.

2)?Update the terms of employment within one month of the change. When you accept a flexible working request, it may change the terms and conditions of employment. Make sure you confirm this change in writing, including any changes to hours, rates or pay, shift patterns, and place of work. Also note the date it takes effect, any review date, and whether this is a permanent change or for a trial.

3)?Don’t make “no” your default response. Listen to your employee’s case, consider their needs and how these could fit with your existing operations. Ask for the request in writing, discuss it with your employee and consider all the options. Make sure you base your decision on facts rather than personal opinion, and if you are going to decline a request, make sure it is for permissible, business-related reasons.

4)?What are the benefits for you??Saying “yes” to flexible working requests could lead to a happier – and more productive – team with improved wellbeing and work-life balance. CIPD research shows that employees without access to flexible working are around twice as likely to be dissatisfied with their job than those who can work flexibly.

5)?What does remote working look like??If an employee has requested that they can work from home, do they have the correct equipment and set-up? You have a duty of care towards home workers, so make sure you have a policy covering communications, expenses, and health and safety.

Finally, we’d advise you to keep your options open. The initial request may not be feasible, but thinking around the issue may mean you come up with a different solution that still works for both you and your employee.

If you’d like to know more about flexible working policies, please get in touch. You can email us at [email protected] or give us a ring: 01449 708999.

Don’t forget, if you have any recruitment questions, or you’d like some advice, the Moss HR team is always on hand to help. Email us?or give us a call 01449 708999.

Take care,

Jo