Our most Frequently Asked Questions
What types of employment contract are there?
There are many types of employment contract depending upon the specific circumstances of the role.
These include:
* Permanent contracts,
* Fixed-term contracts (either fixed by duration or a specified event),
* Zero-hour contracts,
* Annualised contracts,
* Contracts for workers,
* Many more besides
Each will have its own specific requirements and it’s important that they are right to ensure your employee is on the correct type of contract.
What are the risks of not having the right contracts in place?
Failing to provide an employee with a contract could lead to additional compensation being awarded to them if they successfully make a claim against their employer. In addition, a number of practical problems could be caused by having incorrect contracts, such as paying too little (or too much) notice, getting holiday entitlement wrong, or failing to protect legitimate business interests in the face of an employee leaving for a competitor.
I’m not sure whether my contracts are up to date or not. Can you help?
Absolutely. Employers often use the same contracts and policies for years, only realising they’re out of date when an issue arises. We can conduct a full ‘MOT’ to assess any areas where your contracts are outdated or fall short, then either replace or revamp them for maximum cover and effectiveness.
What policies should be included in an Employee Handbook?
There are no hard and fast rules but, for best practice, all handbooks should contain information on:
* disciplinary and grievance procedures
* absence management
* holiday rules and entitlement
* performance management
* family friendly rights and policies
* guidance on equal opportunities
* data protection
How often do HR policies need to be reviewed?
Whenever there are changes to UK employment legislation, such as the 2020 changes to Bereavement Leave, or the Good Work Plan, it’s important to make sure your contracts, handbooks and policies are updated accordingly. We can take the pressure off by alerting you to any such changes and helping you to implement them in your documentation and practices.
What sorts of HR documents can you draft?
Just about anything and everything you might need during the employment relationship. We can support you with the full spectrum of advice and documentation, from written warnings to new contractual clauses, or a policy you may not have covered in your handbook. We can also draft more complex legal documents like settlement agreements and redundancy outcome letters.
Can I write HR documents myself?
You can, but unless you have a firm grasp of Employment Law, there is a great deal of margin for error. A settlement agreement, for example, is a complex legal document and if it is not drafted correctly, the employee may still be able to bring a claim. A contract of employment, for example, must contain certain specific information and provide adequate legal cover for you as an employer. Seeking help from a professional is the best way to ensure your important documents are compliant and effective.
What's the purpose of a disciplinary investigation report?
The purpose of an investigation report is to facilitate some action based on the official findings it presents, whether that be a termination of employment, additional training, or some other form of corrective action. It ought to present the facts obtained from the investigation, offer a conclusion as to whether there is a case to answer, and serve as a record of the steps of the investigation, demonstrating that it was thorough, fair and conducted in a timely manner.
Importantly, while the investigator has to make some limited evaluations on the evidence to decide whether or not there is a case to answer, he/she should not suggest a possible sanction or pre-judge the outcome of the report. That is a job for the disciplinary chair.
What happens after a disciplinary investigation?
Once the investigation is complete, the report can be passed on to the person managing the disciplinary hearing stage – which, if you desire, we can also handle on your behalf for complete impartiality.
What's the purpose of a grievance/disciplinary appeal hearing?
If an employee isn’t happy with the outcome of a grievance/disciplinary process, they may choose to appeal the decision.
The appeal hearing examines the employee’s grounds of appeal to decide whether the outcome of the case was justified. For example, the employee may feel the action taken against them was too harsh, or inconsistent with other actions taken in similar circumstances.
Importantly, the appeal is not an opportunity to submit more evidence. We can help you to manage any appeals, whether this means simply determining whether the employee has a genuine reason to appeal or conducting the actual hearing for you.
I’d like our managers to be able to conduct hearings, but they feel out of their depth.
While some people management issues can be dealt with informally, the prospect of carrying out a formal grievance or disciplinary process can be incredibly daunting, especially if you don’t feel well-equipped to get it right.
We can handle these things on your behalf AND we can help develop your team so that you are better placed to manage such issues in the future. We offer practical Discipline & Grievance Training, or individual coaching programmes. These provide managers with an essential overview of best practice and Employment Law while developing their confidence in all aspects of the process.
When might I consider a redundancy and what constitutes redundancy?
A redundancy situation might arise when a business or a workplace closes (sometimes due to a relocation) or when the number of employees required to carry out a particular role is reduced.
In our experience, redundancies in small to medium sized businesses usually happen for two main reasons:
* Cost-saving
Fluctuations in the market or financial and cash flow problems can drive employers to look at ways to reduce their overheads. Employees are typically one of the biggest costs to any business.
* Restructuring
With growth (especially rapid grown) there is normally a point in time where the original or organic structure of a company is no longer fit for purpose. You might find that you now have the wrong skill sets in important positions and that you could make more efficient use of roles and duties.
If you need to change some roles substantially, this would often result in a redundancy situation, however, sometimes a restructure means that employees are moved around but with no reduction in the workforce, where redeployment could be appropriate instead of redundancy.
Do I have to consult when making 1 or more redundancies?
Employers have a legal duty to inform and consult in many situations that would have an impact on their people – especially in a redundancy situation. To not do so could end up with you finding yourself in hot water!
If you don’t have the time or expertise to manage the consultation process yourself, we can support you. We will tailor our service to your needs, offering any or all of the following:
* conduct at risk meetings
* create a communications plan
* support operational consultations with affected employees
* provide full end-to-end project management
What matters do I need to consult employees on during Redundancy?
In a redundancy situation, you must consult at as early a stage as possible – the ‘formative’ stage.
You should ensure a two-way dialogue where views and information can be exchanged. The aim is to explore ways that redundancy might be avoided, as well as discuss with the employee any selection process or alternative employment options.
Employers must also inform and consult their employees on other matters such as:
* selling the business or buying a new one
* making 20 or more people redundant (within a 90-day period)
* health and safety issues
If you employ over 50 employees, you may also have to:
* consult employees on changes to your pension scheme
* share other business information
* comply with an information and consultation agreement
If I’ve already made a decision to make someone redundant, do I still need to consult?
In order to be legally compliant, consultation should take place when proposals are still at a formative stage. If it begins after decisions have already been made, this will be too late for any meaningful discussions.
Consultation during a redundancy exercise is about more than just ‘informing’ the employee of a decision; it should open a two-way dialogue for the exchange of views and information.
How long do I have to consult for in a redundancy situation?
In cases of fewer than 20 redundancies, there's no time limit on length for the period of consultation. The consultation must be ‘meaningful’, so many employers follow a 30-day rule, but this may not always be necessary.
There are minimum time limits for larger numbers before any dismissals can take effect.
* 30 days for 20 to 99 redundancies (in any 90-day period)
* 45 days for 100 or more redundancies (in any 90-day period)
There are other legal requirements with these higher numbers of redundancies, such as submission of an HR1 form.
What are the main steps in the redundancy process?
Step 1: Be clear on your reasons
Step 2: Determine which roles will be placed at risk of redundancy and (usually in larger companies) whether there are any ‘pools’
Step 3: Let people know their post is at risk of redundancy
Step 4: Draw up your selection criteria
Step 5: Hold a first individual consultation meeting
Step 6: Score your employee/s against the selection criteria
Step 7: Hold a second individual consultation meeting
Step 8: Consider alternatives to the redundancy
Step 9: Hold a final consultation / redundancy dismissal meeting
Step 10: Give your employee the right to appeal
If I offer my employee an alternative job, can I still make them redundant later?
If an employee accepts an offer of alternative employment with different Terms and Conditions, they are entitled to a statutory 4-week trial period (or longer to allow for retraining, if agreed in writing).
However, during that time, if you have ‘good reason’ to believe the new role is not right for the employee, you may terminate by reason of redundancy. Make sure you are clear about this upfront.
If the employee terminates the employment during the trial period, they will be treated as having been dismissed by reason of redundancy. If their refusal to continue suitable alternative employment was unreasonable, they will not be entitled to a statutory redundancy payment.
What can you do to help me with my employee absence issues?
The business impact of long-term sickness due to ill health can be significant, whether this is frequent short-term absences, long-term sickness, or a drop in performance. Medical capability issues can be nuanced, complex and take many months to resolve.
Whether long-term absence or persistent short-term absences, it’s always worth seeking expert advice. You don’t want to be found liable for unlawful discrimination so. Whether the outcome is a safe return to work or a dismissal on medical grounds, our hands-on HR support will help you move forward quickly and compliantly.
We ensure you follow the correct procedure and know what questions to ask.
We can support you:
* at welfare meetings
* at medical capability hearings and appeals
* understanding prognosis and likely time periods
* arranging medical consent and reports
* minimising the risk of Employment Tribunal claims
* providing measured advice on reasonable adjustments
* making reasonable and informed decisions
Can you help us to reach a decision on medical capability?
Any decision in regard to an employee’s fitness for work can only be made by you. However, we can help you to look at the requirements of the role against the person’s limitations and consider whether adjustments can be made to their hours or duties to enable them to return.
What’s the difference between a welfare meeting and medical capability hearing?
A welfare meeting is the initial conversation with the employee, held either during a period of absence or following the absence period.
The aim of this meeting is to understand what issues they are facing, how these may be impacting them, and what support is required to enable them to undertake their role effectively. It will also consider if further medical evidence is necessary and whether or not any adjustments might be required.
A medical capability hearing is a formal meeting to review the employee’s absence record. All medical evidence must have been received an assessment is made of the likelihood of an employee returning to work within a reasonable timeframe and/or sustaining an acceptable attendance level.
Can you bespoke Leadership development to the specifics of our organisation?
Absolutely! Every organisation is different and every organisation faces different issues in regards to their leaders.
Whether your leaders need:
* better self-management, planning and delegation
* improved ownership and accountability (for themselves and/or for their teams)
* improved emotional intelligence
* the ability to build high performing teams
* the ability to build better engaged teams
Our leadership development will be focused on the specific needs of your business to ensure high value outcomes.
What sorts of things can I call the HR advice Line about?
Absolutely anything related to your people!
* simple questions
* tricky contractual issues
* complex HR processes
* difficult employee situations
* plans that will impact your people
Skora HR provide an expert HR sounding board.
What benefit will I get from outsourcing my HR rather than recruiting or using existing employees in house?
Even at the HR Essentials level, you free up valuable time spent dealing with HR issues; you save money by reducing the risk of expensive financial penalties and you have peace of mind knowing that you are legally compliant.
In addition, you get highly skilled HR professionals to support you in all your people matters whenever you need them – at a fraction of the cost of having this in-house.
Some businesses bring HR in-house, only to find that they still need to go outside for more complex issues which require the expertise of a more highly skilled HR professional, and this is not cost-effective.
Can you support me with HR on site?
We are able to guide you through most issues over the phone or provide HR support through a Zoom call.
If you’re not fully confident and feel that you’d like more hands-on help, we can do that too.
We offer a range of specialist HR services that can be tailored to your needs, and these may include HR support on site.
Will I pay more if my workforce grows on the HR Support plans?
We work on a pricing structure based on bandings of the number of employees. Your price will only increase over the course of a contract if you move into the next banding. However, this will always be made very clear before the start of a contract so you will never have any surprises.
What if the law changes? Will you keep me compliant?
It’s difficult for employers to keep pace with ever-evolving Employment Law, new legal requirements and emerging case law. If you handle situations incorrectly or your practices become out of date, you leave yourself exposed to legal risk and cost.
In all our packages, we will keep you informed of any Employment Law developments that may affect how you operate.
In our HR Partner package, we will help you to apply the changes or complete the changes for you.
Where can I go for more HR advice on a particular employee issue?
If you are:
* not sure what you can and can’t do under your current contracts
* thinking about changing an employee’s Terms and Conditions
* looking for guidance on carrying out a particular HR process
our HR advice line gives you access to a dedicated expert for personalised, pragmatic advice.
What sorts of HR issues can you help me with?
Everything related to your people!
* Updating your contracts of employment
* Tailored employee handbooks and policies
* Dealing with disciplinary issues, grievances and dismissals
* Addressing poor performance
* Handling redundancies
* Managing TUPE transfers
* Managing recruitment (job descriptions, advertising and interviewing)
* Dealing with sickness and absence issues
* Keeping you updated with Employment Law changes and how they will affect the business
* Training and development
* Ensuring GDPR compliance
* Creating bonus or reward schemes
* Restructuring
* Reorganisation
The list goes on!
What makes Skora HR different from other providers?
We aren’t a call centre. You will always have access to the same HR expert who knows your business, meaning you get the right solution tailored for your business or specific situation and you get it quickly.
We believe in flexibility. People situations are complex because people themselves are complex. Because of this, we are not rigid or set in our ways about the amount of support we give to our clients. We go above and beyond.
We ensure we understand your desired outcome in any situation and provide options with our recommendations based on an assessment of the risk. We recognise that ultimately, decisions about your people are yours to make, so we ensure you have your 'eyes wide open' and we are there to support you through your decision.
How will my business benefit from a HR Review?
This is a full ‘MOT’ of where you are currently versus where you want and need to be. We will examine specific issues important to your organisation, for instance:
* contracts
* policies
* processes
* recruitment and retention
* performance management
* record-keeping
* documentation
We’ll diagnose issues and identify opportunities with a clear and comprehensive RAG report to enable you to take positive action with pragmatic, best-practice recommendations and a programme of compliance.
What are the more strategic benefits of the HR Review?
A meaningful HR review can transform human resources management from a reactive, transactional business process to a strategic, proactive service that delivers value to your organisation.
* Have any contractual terms and conditions been recently updated?
* How many disciplinary or grievance issues have you had in the last year?
* Are managers trained in your policies and procedures?
We will ask all the right questions to identify any emerging problems or areas of exposure and then we can work with you to put things right.
Some of these issues may already be on your to-do list but need bringing to the forefront as a priority.
Others may only be uncovered by experienced, independent HR professionals – or the authorities.
Either way, we can give you the information and momentum you need to focus your efforts and become a successful, sustainable organisation.
What areas will the HR review look at?
The two main areas of focus will be legal compliance and best practice.
We can also tailor the audit to the HR areas that are important to your organisation, such as:
* recruitment and retention
* training and development
* compensation and employee benefits
* engagement and communication
* performance management
* discipline and grievance
* equality and diversity
* attendance management
* recordkeeping and documentation
What sorts of issues could the HR review uncover?
It can uncover any number of things, such as
* process issues, for instance, a lack of performance management
* documentation failures, for instance the organisation not carrying out right to work checks (or not evidencing that it has)
Whatever gaps are identified, we will provide practical recommendations that can be implemented either by your internal team or with our support.
Why might I need an HR Review?
There are a number of reasons. And all of them are good ones!
* You might not know exactly what’s wrong, but have a sense that something isn’t working as it should
* It could be that your organisation or HR function has changed in some way, perhaps new leadership, and you want to check that everything is present and correct
* You might be concerned that you’re not keeping pace with case law changes and need an expert review to minimise exposure
* Perhaps you are preparing for expansion and growth and looking to take your HR systems to the next level
In all of these cases, our HR Review will give you a picture of how you’re performing and provide practical direction and peace of mind.
How long will the HR review take?
This depends on how comprehensive you wish the audit to be. Anything from 45 minutes for a quick surface review to three days to examine your policies, processes and practices in depth.