HR is not a science but neither is it an art form.
There are rules and guidelines which you should follow but if you choose not to, understand the risks.
The questions and answers that you will find in this section are typical of the issues we help our clients deal with on a day-to-day basis.
We would love to hear from you and if you have a question that you would like answered, please pop it in an email to us at firstname.lastname@example.org or send it to us via twitter @DOHR and #askDOHR.
In everything you are having to do at the moment, please hold these key principles in your mind:
We are working in unprecedented times. Just like with all employment law, the Government are writing legislation and giving some clarity, but there is still a lot open to interpretation.
As advisors, whether HR, legal or financial, we can only interpret these new laws based on our experiences of the past and how Employment Tribunals MIGHT behave in the event of a legal challenge against an employer.
There is no case law.
There may be similar cases, but nothing will be based on the new legislation as it is NEW.
We have been advised that the HMRC will be carrying out checks to ensure that any money claimed is not claimed fraudulently. Examples where this may apply include:
– Company Directors furloughing themselves and continuing to work
– Companies claiming 80% of salaries for staff while they continue to work
The answers you will find in this section are generic and should not be treated as legal advice.
They are for education and guidance purposes, designed to ensure that business owners ask the right questions of their advisors and have a context within which to make informed decisions.
In all scenarios, there are a number of factors which should influence your decision-making. These include:
– the legal context
– your sector norms
– what your contract of employment says
– how much of a risk the situation poses to your business
– the actual or potential costs involved
– your personality and attitude to risk
– the views and perception of your employees
There are also some basic rules which we advise you to follow:
– Be consistent – You do not want the risk of a discrimination claim between employees over time
– Practice what you preach and lead by example.
– Document what you do, then do it, do not break your own rules.
– Be realistic
– Communicate everything
– Take your staff on your journey with you. You need them.