Mishcon Enable

Mishcon Enable

Employment law is intrinsic to all organisations and affects every working member of the population. It is subject to more changes than any other area of law and can be highly political. It is often litigious. We believe that keeping our clients abreast of the most important developments and providing them with the tools and knowledge to handle everyday issues for themselves is a crucial part of our role as advisers and advocates.

Mishcon Enable is our range of interactive training services designed to help clients avoid common pitfalls, and negotiate situations in-house, saving time and money. Where claims do arise, appropriate training programmes will help your defence, protecting your business and reducing legal costs.

We take a practical, case study based approach to training and can train your managers, your workforce and your HR or legal teams. Training is delivered by knowledgeable lawyers, illustrating issues with their own experience, enabling  you to manage employment issues fairly and effectively.

We work with our clients to understand their issues and objectives and tailor our training accordingly. We have outlined some common training topics below, however we are happy to discuss specific areas of concern for your business.

Why?

Appropriate preventative measures such as training and well drafted contracts and policies can save you money and protect your reputation by:

  • Reducing the risk of claims
  • Helping you to defend claims
  • Saving on legal costs
  • Potentially reducing your insurance premiums.
Disciplinaries and Grievances

Warren is suspected of e-mailing confidential information to his personal e-mail account. Following an investigation, you also have reason to believe that he has printed off the company’s client database. You invite him to a disciplinary hearing. The next day Warren calls in sick, explaining that he suffers from work related stress. Two days later he submits a lengthy grievance in which he claims that he has been bullied by a senior manager.

What do you do?

Each workplace dispute is different but knowing which steps to take to deal properly with disciplinary matters and grievances will help an employer to resolve them at an early stage. Where a dispute cannot be resolved internally, a properly conducted process will help protect the business if an employee brings a claim.

Our practical, case study based training will ensure your managers understand the proper procedures and processes to follow, can deal with grievances quickly and effectively, and can spot when to ask for help, before a problem escalates. Training is tailored to the particular needs of the business and the audience and is suitable for your HR or legal teams, as well as managers within the workforce. We can also review your policies and procedures to ensure you are protected.

A very informative and practical seminar, delivered in an entertaining style.
European HR Manager, Banking & Finance

Managing Redundancies

Your business is going through a restructuring which will affect ten of its sites. A number of jobs are likely to be lost as a result. You have been tasked with co-ordinating the redundancies and are thinking about applying the “last in, first out” principle.

Is this an acceptable approach? What other issues should you consider before embarking on the exercise?

Carrying out redundancies can be complex and requires careful planning. Furthermore, where 20 or more redundancies are proposed, an employer will be subject to a number of additional obligations. Getting it wrong could be costly, both financially and to the reputation of the business.

Our training will protect your business by ensuring that your managers understand their obligations and the common pitfalls when managing a redundancy process. Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers within the workforce. We can also review any policies you have in place to ensure you are protected.

A useful educational tool linking relevant practical examples which create an HR professional’s guide to contemporary HR issues in a concentrated snapshot.
Head of HR, A Government Regulatory Authority

Social Media

You are the manager of a large customer relations team. A member of the team has told you that Gemma, a long-serving employee, has made disparaging remarks about the company on Facebook. You are also told that Gemma has joked about an incident with a client. Other members of the team are Gemma’s “friends” on Facebook but you are not, so you cannot access the comments.

What do you do next?

Issues involving social media are becoming increasingly common in the workplace. They can range from disclosure of the employer’s confidential information on social networking sites, to employees revealing their own wrongdoing on Facebook, and to the misappropriation of business contacts built up on networking sites such as LinkedIn. Knowing how best to deal with these issues, while ensuring appropriate policies are in place, will go a long way towards protecting employers against the risks posed by employees’ use of social media.

Our practical, case study based training will give your managers the tools to address the specific workplace issues that apply to social media, while avoiding the numerous pitfalls. Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers within the workforce. We can also review any policies you have in place to ensure you are protected.

Noticeable ‘a-ha’ moments around the room and up to the minute context. Good stuff!
Group HR Director, Fashion and Retail.

Appropriate Performance Management

Yasmine has been in the same role for four years. There have been some problems with her performance throughout her employment and she is often abrupt towards her colleagues. However, these concerns have been largely ignored. She now has a new manager who wishes to dismiss Yasmine and replace her with a more junior colleague whom the manager thinks will perform much better.

Can the manager dismiss Yasmine and, if so, how?

Dealing with poor performers is an important part of managing a business efficiently. However, in order to protect the business from disputes with employees who feel they have been treated unjustly, the performance process must be carried out properly and fairly. By knowing when and how to raise performance issues and how to support employees in addressing them, managers will be better placed to deal with and resolve problems at an early stage, before they escalate.

Our training will ensure managers understand how to manage poor performance fairly and in a timely manner, helping to protect your business from claims.

Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers within the workforce. We can also review any policies you have in place to ensure you are protected.

Ignoring or circumventing the procedures when dismissing an employee is likely to have a bearing on the outcome of any subsequent employment tribunal claim…
ACAS

Managing Sickness Absence

A manager is concerned about the level of absence of two employees. John has been off for a total of 15 days this year, one or two days at a time with various seemingly minor ailments. Jane started suffering from a bad back last year and after being signed off, has now been on sick leave for seven months. The team is short staffed and struggling to manage the workload.

What should the manager do?

Managing sickness absence is one of the more difficult areas both for HR and managers, even more so if the employee suffers from a disability. Line managers play a central role in managing employees’ absence and their resumption of work. Having effective policies in place and ensuring that all concerned know how to deal properly with sickness absence will help reduce it.

Sickness absence can be a significant burden for employers. Actions taken in the early stages of sickness absence can result in an early return to work and be more cost-effective than bringing in somebody new.

Our practical, case study based training will give your managers the tools to manage sickness absence fairly and effectively. Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers within the workforce. We can also review any policies you have in place to ensure you are protected.

Well structured, concise and informative. Issues were raised intuitively, resulting in thought provoking dialogue.
Group HR Director, Fashion and Retail

Dignity at Work

Zaid is a long serving employee. He recently celebrated his 65th birthday, which has prompted jokes from some of his colleagues that he should retire. He has also found brochures on his desk with details of retirement properties for sale. Zaid has not complained but a junior colleague has contacted HR to say that she is finding this behaviour offensive.

Should HR take any action and if so what?

Knowing where to draw the line between playful banter and harassment is not always easy. Dealing properly with complaints of harassment and discrimination is important, as are promoting equal opportunities and taking steps to prevent discrimination. Effective policies are only the start: managers also need to be thoroughly trained on those policies. This will help employers increase their chances not only of avoiding claims in the fist place but also of successfully defending claims if they do arise.

Our practical, case study based training will give your team an understanding of how their (often ‘innocent’) jokes or actions may be construed as harassment, an understanding of how to deal with complaints sensitively and appropriately, and how to prevent discrimination occurring.

Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers or the workforce as a whole. We can also review any policies you have in place to ensure you are protected.

Educational and fun.
Group HR Director, Fashion and Retail

Family Matters

Susan is on maternity leave. During that time, Valentina is covering for Susan as well as carrying out her own duties. Valentina’s performance is excellent and she is managing both roles with ease. Susan has indicated that she is returning to work next month but the head of the department wants Valentina to carry on with both roles. At the same time, another employee in the team has requested to reduce his hours to enable him to look after an elderly relative.

What options are open to the head of department? What should she do next?

Most employers will have to deal with pregnancy, maternity and flexible working issues at some stage. With new rules allowing fathers to take extended paternity leave, as well as proposals for shared parental leave and more flexible working rights, knowing how to act appropriately will become ever more important.

Our training will ensure your managers understand the rights and obligations of both the employer and employee, and how to deal fairly with flexible working requests.

Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers within the workforce. We can also review any policies you have in place to ensure you are protected.

Good training helps managers achieve positive outcomes… Those responsible for using and operating the disciplinary rules and procedures, including managers at all levels, should be trained for the task.
ACAS

Conducting Investigations

A team leader has received an anonymous letter with allegations against Gerard, an employee in his team. The letter claims that Gerard has made a large number of false expense claims and that he has worked for another business on days taken as sick leave. The team leader wants to call Gerard to a disciplinary hearing immediately.

Is this the right course of action?

When allegations are made against an employee, the employer may need to consider a number of issues. Is it appropriate to suspend the employee; how do you deal with an anonymous tip off; and how far do you have to investigate the allegations before you can proceed to a disciplinary hearing? Knowing how to conduct an investigation properly is an essential tool in ensuring that any subsequent disciplinary (procedure and dismissal) is fair.

Our training will ensure your managers understand when and how to conduct investigations, and that they can do so in a sensitive and fair manner. Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers within the workforce. We can also review any policies you have in place to ensure you are protected.

The Boundaries of Bribery

A senior manager at a marketing agency is planning an event for its top five clients as part of the launch of a new product. He is arranging a luxury golfing weekend in Mallorca with a stay in an all inclusive five star hotel. The clients will be flown first class and may bring their spouses.

Should the managing director be concerned?

The line between corporate hospitality and bribery is not always clear and the consequences of getting it wrong can be significant. The relatively new offence of failing to prevent bribery means that a business can be criminally liable for the acts of its employees. However, it can protect itself against liability by having adequate policies and procedures in place and by training its staff.

Our practical, case study based training will ensure your team understands the line between bribery and corporate hospitality, what to look out for and what their obligations and liabilities are.

Training is tailored to the particular needs of the business and the audience. It is suitable for your HR or legal teams, as well as managers or the workforce as a whole. We can also review any policies you have in place to ensure you are protected.

Get it in Writing

Every employee must be provided with a written statement of their key terms and conditions. However, this basic document will rarely be sufficient to regulate the employment relationship or protect the business in a robust way.

Properly drafted employment contracts, both for senior and junior employees, along with sound employment policies and procedures, should be put in place to cater for the eventualities of employment (including when things go wrong) and to safeguard the business.

Our bespoke employment document packages will help you do just that, by providing you with documents tailored to your business at a competitive fixed fee.

You can opt for the basic level package where we draft template documents for you to implement, or you can choose to supplement the package with technical training and advice. We will walk you through the documents, explaining the significance of each of their provisions. This will help you understand the documents and put you in an excellent position to negotiate their terms with employees. Either way, you will receive a quality product that will help protect your business and reduce costs.

You can choose one or more of the following:

  • Contracts of employment
  • Executive service agreements
  • Staff handbooks
  • Policies and procedures
  • Consultancy agreements
  • Compromise agreements

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