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Unsuitable

Written by Carolyne Wahlen

A client got in touch with us last week, and it wasn’t good news.

It was from a lady who was off on maternity leave, and she’d discovered that while she was off, the company had created a new role and invited employees in the department to apply.

But here’s the problem – they offered out via work email, which obviously meant that this lady didn’t receive it.

Which in turn meant that she never got the opportunity to apply for the job, and raised a grievance as a result, citing a possible breach of the implied term of trust and confidence.

It might sound hard, but she’s right.

You see, the employee only needs to believe that they are suitable for the post – it doesn’t matter whether you believe (or know) that they’re not.

Failing to inform employees on any of their statutory rights of leave (maternity, adoption, paternity or shared parental leave, or a disabled employee on sick leave) may count as a detriment, which, just to clarify, is not good in employment law terms.

So what’s the solution?

Well, the easiest thing to do when you have a new job role is to send it to all absent employees via their private email or the reliable Royal Mail.

Best is always email, because you can set up read and delivery receipts, and you’re also likely to get a swift response.

And having the private email address is extremely useful should you ever need to enter into disciplinary or grievance processes with them as well.

So what did our client do?

We advised them to send the job offer, luckily not yet filled, and to offer a grievance meeting.

Thankfully the employee was not interested in the job: the rumours about it had made it sound much more attractive than it really was.

Crisis averted.

But from now on they will be sending out job roles to all absent employees, however unsuitable they think they are for them!

 

Filed Under: Uncategorized

About Carolyne Wahlen

Carolyne is the founder and owner of Gap HR. She's seen what works in HR and what doesn’t, and has practical answers to real problems that small businesses can apply with immediate effect.

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Schedule a meeting with Carolyne

• We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager.

• Our founder Carolyne has worked in people management since 1995, which means you’ve got decades of experience you can rely on.

• Over 170 clients benefit from the experience and expertise of the Gap HR team.

 


Call Us: 01491 598 600

 


email us: cw@gaphr.co.uk

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Where our clients are:

Mark Ghafoor, KCC Basildon

“Whether it’s a simple question or a more complex query, GAP HR have ensured that we have the most up to date knowledge of current legislation and processes to ensure we can offer the best support to our teams.
It is reassuring to know that expert advice is only a phone call or video conference away!”

Deb Green, Vermatech Pest Control

“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Justin Wilkie, 2Excel Logistics

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Ashley Lewis, Wallingford Tiles and Bathrooms

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Helen Gordon, Kitecreative

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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