Managing working relationships

by Halborns, BMF Membership Services provider
25 June 2019


BMF Intelligent employment plusOver the past few months, Halborns, which provides the BMF Intelligent Employment Plus service, has been advising BMF members on a number of hot topics including apprenticeship agreements, when to suspend, and managing personal relationships at work. Here are their top tips for protecting your business and keeping out of legal hot water.

Apprenticeship agreements


Although the apprenticeship levy is relatively recent concept, apprenticeships have been around for years - along with laws that govern how apprentices are treated. Without the right agreement in place, you could find yourself tied up in old, inflexible, costly laws and stuck with a poor performing apprentice until they qualify.

To create an apprenticeship agreement which is subject to the employment laws you're used to:

  • Ensure your agreement contains all of the usual legally required employment information. Including a statement of the skill or job they're being training to do, that the relationship is governed by English and Welsh laws and has been entered in connection with a qualifying apprenticeship framework.
  • It's always worth including a probationary period to make clear that termination of early employment will be subject to a shorter notice period if things don't work out.If you're able, set out college hours so it's clear what time can be spent away from work.
  • Set out expectations in respect of exam passes and how quickly qualifications should be achieved. Explain the consequences if expectations aren’t met.
  • If you're a levy paying employer, don't ask for a contribution towards training costs from the apprentice or a repayment of training costs if they leave - it's unlawful to do so.

    When to suspend


    Suspension is a serious step – it needs careful thought, legal advice and proactive management. Make the wrong decision and you could face a claim of constructive unfair dismissal. Before every suspension remember:

  • It shouldn’t be a knee-jerk reaction. Only suspend where there’s a risk the employee could destroy or falsify evidence, influence witnesses or threaten your business.
  • Try and find workable alternatives such as homeworking, supervision or transfers to a different area/site or role (of similar status). If temporary tweaks can avoid suspension you’re expected to take them.
  • Agree what should be communicated to the employee’s colleagues, clients and customers. Keep the employee updated on the progress of the investigation and provide a key contact.
  • Continue with usual payments and benefits during the suspension.
  • Keep accurate notes of all conversations (verbal or written) on file.

    Relationships at work


    20% of us meet our partner at work – there can be commercial challenges when cupid strikes. Employment laws also mean risks are aplenty!

  • Take a responsible approach to personal relationships between managers and direct reports (the suggestion of favouritism is just one undesirable possibility).
  • Write down what’s expected of those individuals who forge relationships (early communication, total transparency and the need to be flexible).
  • Train on what amounts to sexual harassment to show you’ve clearly set out appropriate boundaries. One person’s flirting is another person’s sexual harassment.
  • Be clear that you may have to restructure teams or roles if the relationship means that one or both individuals can no longer do their job (be careful that you don’t automatically focus on the female and moving her role which could amount to sex discrimination).
  • Offer support where it’s needed through appropriate access to your People Team, managers and possibly a helpline. The breakdown of a personal relationship between colleagues may require your intervention.

    If anything  discussed has been a challenge or concern for you, your business or your teams, Halborns here to support you. As the exclusive employment law and HR partner to the BMF and experts in your sector, our Intelligent Employment Plus service will support you with straight-talking, commercially-focussed advice delivered to help you achieve the outcome that you want.

    For more information on how BMF Intelligent Employment Plus can work for your business, get in touch at [email protected] or call 0115 718 0333
    .

    Find out more about the many services the BMF can offer to members here

    See also Article by Charles McHugh – Halborns – The
    Times Best Law Firms 2019

    This article first appeared in the June 2019 edition of Builders Merchants Journal (BMJ)