Types of employee theft

Through a Freedom of Information request, the insurance Zurich has discovered that there has been a 19% increase in the number of employees in England and Wales who have been detected stealing from their employer since 2021. Thefts of office supplies or everyday things like toilet paper are the most frequent kind of theft in the workplace. As a result, analysts are connecting the rise in workplace theft to the difficulties brought on by the cost-of-living problem, such as the inability to pay for necessities. Along with the rise in small-scale theft, more significant crimes like the theft of intellectual property and the embezzlement of corporate cash or company property have also increased. 

Since theft at work frequently involves small-ticket products, it can go unnoticed for years, but the ongoing expenses can build up, particularly when companies are under pressure to control costs. Employers may have consequences beyond just financial ones when employees steal. If it is thought that theft occurs and workers steal frequently and investigations are time-consuming, employee morale may suffer.

Employers would wish to think about risk management strategies given the dim prospects for a quick resolution to the cost of living problem (which is expected to last through the end of 2024).

A single payment

Many firms have decided to provide their employees a one-time cost of living payment in order to reduce some of the financial stress brought on by the crisis. It is a strategy that has received generally positive feedback from workers and can aid in staff retention, especially in industries with high turnover because of pay scales.

Examining policies and practices for big and small businesses 

Employers should take advantage of the current increase in workplace theft to assess their disciplinary policies and procedures, as well as their policies and procedures for dealing with theft and thieves, and determine whether their property is vulnerable. The expectations for employees should be outlined in disciplinary policies, which should also make it clear that theft will not be permitted and that any incidences will be properly investigated. It should be highlighted that the employer will not hold off on reporting more serious thefts to the police.

Disciplinary action

It’s crucial to act consistently from case to case if it becomes necessary to take disciplinary action against an employee. In situations where it is deemed necessary to impose a disciplinary consequence up to and including dismissal, it will be crucial to follow a fair disciplinary procedure and terminate them. 

Contact us

Please contact us at 0808 178 7292 if you have any questions about one-time cost-of-living adjustments, evaluating and amending your rules, or disciplinary actions to prevent employee theft.

<p>The post Ways to Prevent the Rise of employee theft in the Workplace  first appeared on Complete Employment Solicitors.</p>

Without a minimum number of working hours guaranteed, zero-hours contracts leave workers unsure of their income and job security. Critics contend that businesses would utilise them as a means of avoiding offering benefits like sick leave and holiday pay, which would put employees through financial hardship and psychological stress. Furthermore, the absence of fixed hours can impede professional growth and advancement prospects, rendering these contracts controversial in today’s labour market.

Below is a thorough explanation of zero-hours contracts, their legal ramifications, best practices for employers and employees, and suggestions for reforming these contentious employment agreements.

Status of employment

Depending on the nature of their work and the conditions of their contract, workers on zero-hours contracts may be categorised as either employees or labourers. Its classification impacts their entitlements and rights.

• Employees: These individuals are entitled to fundamental employment rights, including the National Minimum Wage, paid yearly leave, and immunity from illegal discrimination.
• In addition, employees are entitled to statutory sick pay, maternity and paternity leave, redundancy benefits, and protection from wrongful termination.

Entitlements and rights

1. Pay: Depending on their age, employees on zero-hours contracts are eligible for either the National Minimum Wage or the National Living Wage. Employers are responsible for making sure that employees receive payment for all of the time they put in, including time spent on required training or on-call work. The following are the UK’s current pay rates as of April 2024:

• The National Living Wage is £11.44 per hour for everyone over the age of 21.
• The national minimum wage is £8.60 per hour for people between the ages of 18 and 20.
• For those under 18, the national minimum wage is £6.40 per hour.
• The rate for Apprentices: £6.40 per hour

2. Holiday pay: Employees on zero-hour contracts are eligible for yearly leave compensation. The number of hours worked is used to determine how much leave is granted. Typically, this translates to 12.07% of the hours spent during a year.

3. Sick pay: Workers with zero-hour contracts may be eligible for Statutory Sick Pay (SSP) provided certain requirements are met, such as earning more than the Lower Earnings Limit.

4. Rights to maternity and paternity leave and compensation: If they meet the requirements, workers on zero-hour contracts are entitled to maternity, paternity, and adoption leave and compensation.

5. Protection from Unfair Treatment: Employees under zero-hour contracts are shielded from discrimination and unfair treatment. Workers who refuse to work or who stand up for their rights as employees cannot be punished by their employers.

Employers’ best practices

1. Clear communication: Employers must make sure that workers are aware of the terms and circumstances of zero-hour contracts, including the type of work being done, the pay scale, and how to offer and accept work.

2. Equitable treatment — Employers must make sure that workers under zero-hour contracts receive the same treatment as other employees, on an even playing field. Equal chances for training and development are part of this.

3. Record keeping: It’s essential to keep correct records of the number of hours worked, compensation, and leave entitlements to comply with employment regulations and settle any potential disputes.

4. Regular reviews: To make sure they are satisfying business demands and regulatory requirements, employers should routinely examine how they are using zero-hours contracts. One aspect of this is determining if zero-hour contracts are the best option for their workers.

Potential changes to zero-hour contracts

The Conservative Government had established laws allowing those on zero-hour contracts to legally request written terms that more accurately reflect their working conditions before the general election. The Labour Government has now shelved this legislation, reiterating its own goal of ending “one-sided flexibility” in employment, which it sees as unfairly benefiting employers at the expense of employees.

According to the Government’s current proposals, it will:

• Labour intends to outlaw zero-hour contracts that are exploitative and do not guarantee a minimum number of hours worked.
• Give employees the right to contracts that accurately reflect the number of hours they typically put in. Employees would be entitled to a contract that, based on a 12-week reference period, mirrored the hours they usually worked.
• Notice of shift changes: Employees will be given a fair amount of notice for any shift changes, and they shall be compensated for last-minute cancellations.

<p>The post Changes To Zero Hours Contracts That Are Being Considered first appeared on Complete Employment Solicitors.</p>

1. Take into account pertinent laws

The following considerations are advised when an employee raises a grievance:

• The employer’s process of dealing with grievances
• The supporting ACAS guide to discipline and grievances at work and the ACAS Code of Practice on Disciplinary and Grievance Procedures.
• The ACAS workplace inquiry guide.

2. Is the path formal or informal?

Take into account the best course of action to solve employee grievance before deciding whether formal resolution under your grievance procedure is necessary or whether informal resolution is a better choice. Follow your employee’s requests and the specifics of the complaint as a guide. For instance, if one person feels offended by a casual remark made by another, a casual conversation with the offending employee may be sufficient to put things right.

Even if the employee is reluctant for it to be handled as a formal grievance, a complaint alleging discrimination should always be thoroughly investigated.

3. Before-hand considerations

Early on, employee should be made aware whether the grievance raises any issues covered by other policies, such as those governing whistleblowing, equal opportunity, anti-harassment or bullying, or stress at work, and whether any of those rules offer a better suitable method.

Does the employee have a disability? If yes, does the decision on the grievance be modified in any reasonable ways?

The grievance brings up factors that may warrant disciplining another employee or employees.

4. The ideal chairperson

You must decide who should serve as the grievance chairperson if the situation requires that a formal grievance be filed. Due consideration must be given to the gravity or complexity of the complaint when choosing the person to fill this position. Most of the time, this will be the employee’s line manager, but in particularly complicated situations, like those involving discrimination or whistleblower complaints, it will usually be more appropriate to appoint a more senior manager, ideally someone who has the necessary training or understanding of the complex issues.

It is crucial that the chairperson be completely removed from the grievance’s issues.

5. Remaining discreet

Keeping information private is crucial during the grievance procedure.

It is advisable to warn witnesses against talking to coworkers or outsiders about the complaint or investigation.

But keep in mind that, if they have one, the employee should be free to raise the issue with their employee representative.

6. Grievance meeting

After a grievance is filed, a meeting to discuss it should be scheduled as quickly as practicable. It may be appropriate in some circumstances to call the meeting soon after receiving the grievance and then adjourn it while the inquiry is being conducted. If it would be advantageous to discuss the grievance before the inquiry begins, as this strategy might be especially helpful in the formal procedure.

7. The privilege of company

The employee’s right to be accompanied to the grievance meeting by an appropriate person like a coworker or a trade union representative should be stated in the invitation to the grievance meeting.

8. Look into the complaint

A careful and appropriate approach should be taken by the HR when conducting the investigation. An investigation is a fact-finding process to gather all the pertinent data about the grievance’s issues. After carefully weighing all the pertinent information, a well completed inquiry will allow a conclusion on the complaint to be made.

Any sessions held to interview more witnesses should be kept private, and minutes should be taken.

Consider whether tangible evidence, such as CCTV, computer, or phone records, may be useful to the inquiry in addition to speaking with witnesses.

9. The choice

Once a decision has been made, the grievance meeting should preferably be called back, and the employee should be informed of the course of action you have chosen to take to address the grievance. Even if the choice must be made in writing, it is usually preferable to make it in person first and then confirm it in writing.

If the employee is unhappy with the initial decision, they should be informed by the HR that they have the right to escalate their issue and appeal.

10. Remedy

Any appeal should, to the greatest extent practicable, be heard or presided over by a stranger. They should ideally be beyond the direct reporting line and more senior than the grievance meeting’s chair. Employees are entitled to accompaniment at both appeal and grievance meetings.

We can help you solve employment tribunal and ensure that impartial and effective disciplinary and grievance procedures are in place at your company. Contact us and resolve the issue quickly!

https://onwardsanswering.com/call-answering-service-for-lawyers/

<p>The post Our top tips for managing workplace grievances first appeared on Complete Employment Solicitors.</p>

Employers are frequently questioned if an employee may record meetings or hearings due to the proliferation of technological tools that make audio recording simple and accessible. In other situations, workers might decide to record the meeting without seeking permission, producing a recording that the employer learns about much later, perhaps when the worker files a claim with an employment tribunal.

Unless there is a legal justification for their rejection, such as public policy or privilege, covert recordings of conversations at work are probably admissible. The general guideline that the Tribunals will follow is whether or not the recordings are relevant to the case when deciding whether to permit a claimant to rely on their secret meeting recordings. If so, the claimant will often be permitted to participate in the proceedings as long as they fulfil their standard disclosure obligations, which include giving the respondent a copy of the documents ahead of time.

Whether the employee recorded with the consent of every person there or just some of them, whether the employer’s policy forbade such recordings, or whether the employee was informed they couldn’t record in the first place but did so won’t matter.

The Tribunal will also take into account the reason for the employee’s clandestine recording. In 2020’s Phoenix House Ltd v. Stockman, the Employer only learnt of Stockman’s secret recording after she filed her claim for unjust dismissal. They argued this indicated they would have terminated her for egregious misconduct if they had known about her recording.

The original employee disagreed, claiming that her recording did not violate the job contract’s implicit duty of trust and confidence. The Tribunal concluded that Stockman was rattled during the discussion and did not record to trap someone. Despite Stockman’s successful claim, the Tribunal reduced the basic and compensatory award by 10% due to the secret recording. The decision was challenged, and the Employment Appeal Tribunal agreed. It was appropriate to enquire as to why the employee had taped the meeting—that is, what the objective of the recording was—which the ET had done.

<p>The post Audio documents used in disciplinary proceedings Scotland solicitor first appeared on Complete Employment Solicitors.</p>

Under Labour’s commitment, “day one rights for all workers” would be implemented, doing away with the current requirement that the majority of employees work for two years before being eligible for protection against wrongful termination. Nonetheless, the government will let firms place new hires on probation for six months.

Although many businesses currently use probationary periods, which typically last three to six months, they haven’t contributed anything to employment law up until now. Things will now change.

According to government arguments, this would help reduce the possibility of unfair employment practices and provide job security for employees.

Possible implications for employers

If put into practice, this plan might have several important effects on employers, including:

1. Increased caution in hiring: Companies may become more circumspect in their hiring procedures, which could result in lengthier recruiting cycles and more meticulous applicant screening.

2. Probation periods’ increased significance: Although they have no bearing on legally protected rights, probation periods might become more important as a means of determining an employee’s appropriateness.

3. Greater requirement for documentation: From the moment of hire, employers must make sure they have strong processes in place to monitor performance concerns and adhere to the right protocols.

4. Potential rise in Tribunal claims: As workers become aware of their new rights, it is anticipated that there may be a brief rise in Employment Tribunal cases.

5. Contractual term review: To make sure they comply with the new law, employers may need to examine and maybe amend employment contracts and handbooks.

How should I approach myself as an employer?

Employers should think about making any necessary modifications for when this plan is passed through Parliament, even though it is not currently law. Employers should examine their hiring and onboarding procedures, as well as ensure that managers have received adequate training in performance management and disciplinary procedures. If not, it is worthwhile to set aside time for them to receive this training.

<p>The post The government suggests ‘day one’ protections for wrongful dismissals – Employment Law first appeared on Complete Employment Solicitors.</p>

18 to 24-year-olds are more likely to face prejudice than other age groups, with nearly three out of ten LGBT+ individuals choosing to conceal their sexual orientation at work. TUC is urging policymakers to amend the legislation so that employers, not victims, bear the burden of preventing harassment.

We’ve included some tips on how companies can help their LGBT+ staff below.

Supporting employees who identify as LGBTQ+

People are protected from discrimination at work under the Equality Act 2010, and it is illegal to treat someone differently based on protected characteristics such as gender, sex, age, or religion.

Even with these regulations in place, discrimination against LGBT+ employees is still illegal and frequently occurs at a higher rate, which has an impact on both employers and workers. To prevent discrimination lawsuits, firms must provide a safe workplace for all of their workers and establish clear policies.

The importance of businesses developing a welcoming environment at work

The results of this study highlight how crucial it is for businesses to foster an inclusive work environment and to have a zero-tolerance policy for bullying and harassment of any form. LGBT+ employees should feel free to voice any complaints or issues they may have, knowing that they will be taken seriously and handled properly. This enhances employee relations and retention rates in addition to the workers’ physical and emotional well-being.

Claims of discrimination

From the standpoint of employment law, workers are shielded from illegal discrimination based on their sexual orientation (i.e., because they are drawn to people of the same sex, opposite sex, or the same or opposite sex) or gender reassignment, which refers to a process that a person is proposing to undergo, is undergoing, or has undergone to reassign their sex or change other aspects of their sex. This protection is provided by the Equality Act of 2010.

An Employment Tribunal may grant compensation for lost wages and emotional distress if an employee successfully files a discrimination lawsuit against their employer. Such remuneration may have no upper limit.  A corporation facing a discrimination claim will not only incur financial costs but will also severely damage its brand, potentially affecting recruiting and retention.

Tips for employers to help them accommodate LGBT+ employees

This recent research makes it clear that companies need to do more to better understand the perspectives of LGBT+ employees and support them in the workplace.

Employers need to make sure employees who identify as LGBT+ have channels for voicing concerns. Is your dress code regulation, for instance, discriminatory? Your policy should be revised to better meet the needs of your employees if it currently enforces gender-specific dress standards and prevents staff members from being themselves without fear of discrimination.

Consistent with the previously mentioned, employers would be well advised to revise equality training for staff members, as well as examine and implement sensible written policies outlining the treatment of LGBT + employees and those undergoing gender reassignment and providing guidance to managers on how to handle any unacceptable behaviour or conflict.

Employers could establish employee resource groups as a way to better educate staff members on the importance of diversity and inclusion. These groups can also provide LGBT+ employees with a platform to voice concerns and offer recommendations for areas in which improvements could be made.

<p>The post How Companies Can Help LGBTQ+ Employees More Effectively – Workplace first appeared on Complete Employment Solicitors.</p>