Card ServicesLegal Services for Business Care, Compassion and Commercial Reality Effectively Managing Your Workforce Justine Norman, Employment Lawyer.

Card ServicesLegal Services for Business

allpay Legal © allpay Limited 2013 1

Care, Compassion and Commercial Reality

Effectively Managing Your Workforce

Justine Norman, Employment Lawyer


allpay Legal © allpay Limited 2013

o A stringent monitoring and compliance regime

o Safeguarding issues and the ensuing suspension of staff, police involvement and prolonged and complex discipline and grievance issues.

o Absenteeism, stress related illness and of course, compassion fatigue

o Recruitment, retention, and training

Key Employment Challenges

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How to deal with challenges

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o Timekeeping

o Absence

o Health and safety

o Care Quality Standards

o Discrimination, bullying and harassment

o Personal appearance

o The types of conduct that might be considered as 'gross misconduct'

What should your Rules cover?

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When Rules are broken

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o Don’t forget the power of a quiet word - this is often all that is required to improve an employee’s conduct or performance.

o Where matters are more serious or where an informal approach has been tried but is not working, a more formal procedure may be needed.



o Under the Influence of drink or drugs

o Violence

o Refusal to follow reasonable instructions

o Dishonesty

o Disregard for Health & Safety

o Criminal Charges

Precautionary Suspension

Incidents that may warrant Precautionary Suspension?

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All Precautionary Suspensions are WITH pay.



1. Informal warnings

2. Formal oral warnings

3. Written warnings

4. Suspension

5. Final written warnings.

Disciplinary Procedure

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There should be a disciplinary procedure which is understood and applied by all managers. The procedure should provide for the minimum:



Fair Dismissal

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o Incapability (skill, aptitude, health and physical or mental qualities).

o Misconduct

o A legal factor which prevents the employee from working

o Redundancy

o Retirement

o Some other substantial reason



Unfair Dismissal

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o The employer fails to show in principal that the reason was one of the above stated reasons (substantively unfair)

o A constructive dismissal has taken place

o The Employer has failed to follow a fair procedure (procedurally unfair).



Capability and Conduct

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o Capability and conduct should be treated separately.

o It is important to recognise the difference between the two.



Capability and Conduct

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Capability or Culpability



o Dismissal on grounds of capability will be for one of three reasons:

o Lack of or loss of an essential qualification to do the job

o Lack of ability or skill – this can be repeated minor incompetence or one serious act of incompetence (poor performance)

o Lack of capability because of ill health.

Capability (‘can’t’)

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Examples of misconduct:o Poor timekeeping o Poor attendance

Examples of gross misconduct:o Theft o Fighting, abusive or intimidating behaviour o Consumption of alcohol while on duty o Serious breach of Care Quality

Commission Standardso Your procedure must list the offences you

consider to be gross misconduct in your organisation.

Conduct (‘wont’)

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o Compassion fatigue arises when the burden of caring for others becomes too much to handle.

o Left unchecked it can lead to increased absenteeism, errors in judgment, emotional numbness and difficulty concentrating.

o Will show itself as either a capability or a conduct issue

Compassion Fatigue

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Recruiting Carers - Practical Steps

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o Partner with local community groups and Job centres.

o Encourage your management and leadership teams to network.

o Consider using a community web-based recruitment portal to link you with local employees.

o Train your existing staff to promote your organisation. Make them “care champions” who are ambassadors for you. Empowering your staff can be a huge motivating tool.

o Manage expectations.

o Consider introducing employee referral schemes.



Recruiting Carers - Practical Steps

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o Get input from Service Users and relatives about what they consider makes a good care worker.

o Assess them for behaviors and values rather than competencies.

- key behaviors : respect, understanding, empathy, kindness and teamwork.



Motivating Carers

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o Myth: the more you pay someone, the more satisfied they are in their job

o Intrinsic Motivation: self generated factors that make people behave in a particular way such as a feeling that work is important, having control over own resources, autonomy (freedom to act) scope and use and development of skills, interesting challenging work, opportunity to develop.

o Extrinsic Motivation– includes rewards, increased pay, promotion, or punishment, disciplinary action, withholding pay. (Extrinsic motivation can have an immediate and powerful effect – but will not necessarily last long).

o Make the most of every communication opportunity you have, to engage, listen, motivate, give praise and provide positive and negative feedback in a constructive way when required.



Train your managers

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o Regularly review and update Staff Handbooks; ensure managers are familiar with your staff handbook and understand the reasons behind your policies and procedures.

o Consider carrying out an annual HR review to identify problems that keep recurring and areas where good solutions have been found.

o Two simple words will help you avoid a Tribunal : Fairness and Consistency.

o Your Handbook is your bible. Your managers should be absolutely familiar with it.



o Care and Compassion and ensuring your organisation has a commercial edge need not be mutually exclusive.

o There are many challenges facing the Care industry but actively managing your workforce and investing in it, is not only common sense but good business sense.

Conclusion

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Thank you

Questions

Card ServicesLegal Services for Business Care, Compassion and Commercial Reality Effectively Managing Your Workforce Justine Norman, Employment Lawyer.

Documents

o misconduct o

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o redundancy o retirement

o capability

unfair o

o dont

place o

o absenteeism