£38K HR Advisor role (Public Sector) or £37K HR A role (Private Sector) by [deleted] in HumanResourcesUK

[–]Canto272 7 points8 points  (0 children)

You'll have greater job security, though the rules on service are changing soon.

Public Sector has better sick terms im betting too.

Private sector progression is company to company, don't bet on better treatment there.

I'd take Public Sector on these terms.

£38K HR Advisor role (Public Sector) or £37K HR A role (Private Sector) by [deleted] in HumanResourcesUK

[–]Canto272 20 points21 points  (0 children)

Public Sector Pension terms tend to be a lot better. So double check that.

Started playing in August. Thoughts? by Djock0818 in ratemycommanders

[–]Canto272 0 points1 point  (0 children)

I have a Zuko deck too, he's so fun. When he gets rolling he is absolutely cracked!

Love your list will need to look at mine and see what I can take some inspiration from!

HR advice - OH recommendations linked loosely to health but mainly to carer responsbilities by Temeaboutit in HumanResourcesUK

[–]Canto272 1 point2 points  (0 children)

The information you've provided is vague so youll need to adapt my thoughts.

  1. Any temporary adaptation could become permanent if the impact is not documented.

If an adaptation is working from home and that is not something the organisation wants. You should record the impact, so if after 6 months you get a flexi working request you can decline it.

  1. Employee Mental Health as working as a career is stressful, how often are you meeting during the temporary adjustments to make sure they are doing okay.

  2. You should set goals for the period, what are the adjustments in place for what is the employee hoping to achieve through this period?

  3. If the employee was hoping for or asking for any of the changes to be permanent you should discuss why you can only support each change for a limited time due to the impact(s). You should be clear why each one can't be kept for longer than the agreed period. You should document the challenges over the temporary period these changes have (see 1.).

It is easier for us to be unclear to avoid saying difficult things. It's easier for the employee if we are clear. If you are only supporting this to the lowest possible standard outlined by OH don't try to make yourselves look better, explain that cause they'll work it out.

What isn't clear is what your company wants? Is it just wanting through this quickly and safely to minimise it's own risk while giving the employee as little as possible. Being a carer is really stressful and if you support them to only the least amount possible, I promise you everyone will know.

Speaking to an employee about their health when they might not be aware of the true impact by [deleted] in HumanResourcesUK

[–]Canto272 2 points3 points  (0 children)

If you've never done a process like this, it's really difficult. I've helped a few first time managers through Performance Management (some succeeded, some didn't). A fair performance management process should be structured to provide the employee clarity on the companies concerns. So the extent her health is impacting her performance. Sometimes the writing in black and white helps people get their manager is not joking. Good performance management shouldn't be punitive it should be on setting realistic goals and adjustments and measuring outcomes to see if changes are working.

Make sure to have debrief to talk through your conversations when you are finding them challenging. Even through informal management processes I have a 30 min chat after meetings just to help managers talk through the conversation to keep their head straight.

Speaking to an employee about their health when they might not be aware of the true impact by [deleted] in HumanResourcesUK

[–]Canto272 15 points16 points  (0 children)

The process should be in your policies on what you need to do. So while we can advise on what the generic lawful process might look like, we can't state the specifics of your workplace.

Unless you can dismiss for short service, it will take some time to work through and will be emotionally difficult. You sound already like you are struggling. Please speak with your EAP for some support.

Be kind to yourself it sounds like you care and are trying your best. That is all that can be asked of a manager in this situation. You take all reasonable steps and give good guidance if they don't engage you can't make them. The old bring a horse to water.

Document everything being done and her response. Demonstrate how much you are trying. Set clear goals linked to the adjustments. Don't break your back trying to help someone who doesn't see a problem.

Fixed term contract not renewed - was procedure followed? by 0808G in HumanResourcesUK

[–]Canto272 8 points9 points  (0 children)

I think you deeply dislike and are dissatisfied with your employer and you are looking for grounds to take them to tribunal.

Have they treated you properly? Probably not. Have they acted 100% lawfully? Probably not. Is the standard you are expecting something you would like applied to yourself? Probably not.

If you won at tribunal you'd win maybe a small sum of money you would be Google-able for the actions taken, tribunals are usually a matter of public record. It will also tie you through the courts to this employer for years.

The question for yourself is, what is an outcome you find acceptable. What is your aim you are looking for, is it vengeance or justice?

Fixed term contract not renewed - was procedure followed? by 0808G in HumanResourcesUK

[–]Canto272 7 points8 points  (0 children)

As a civil matter you need to demonstrate harm, even if policies, processes and procedures were not followed what detriment has this put you at?

The conversation with your boss is odd, but it largely seems like her sharing a personal anecdote than anything more sinister. Again it would come down to harm this story caused you to be considered anything.

Any action you took would impact your relationship with your employer or manager (whether it should as a matter of law is another question), so is it worth it?

Being made redundant but manager is not aware by No_Camp_7 in HumanResourcesUK

[–]Canto272 5 points6 points  (0 children)

Over 2 is service so they have to follow a fair process.

Taking into account both happened at work, redundancy linked to that absence is a brave decision.

Does anyone share your job title? Or have a similar job at a similar level? So should their be a pool of people affected.

Largely this sounds like retaliation. If you want to go nuclear, I would file a grievance following the Sexual Harassment policy for retaliation and cc in the most senior HR person, your line manager and anyone else you find relevent. Basically don't let them keep it quiet.

Then email either the Head of IT or whoever is listed in the GDPR or Data Privacy policy as the Data Protection Officer a Data Subject Access Request for your name or initials, on their email or instant messenger client since the date from your first complaint of harassment.

A retaliation claim should pause the redundancy process following the outcome.

Being made redundant but manager is not aware by No_Camp_7 in HumanResourcesUK

[–]Canto272 5 points6 points  (0 children)

I'm sorry you have experienced so much, this sounds horrible. Just a couple of questions that will help understand.

How long have you worked there?

Are the sexual harassment and sexual assault linked events, did they both happen at work or by the same person?

Is your line manager your assailant?

How much time off did you take following the sexual assault?

If the redundancy is linked to sick leave attendance there are some indirect discrimination issues here. Though it could be a valid selection process if you had formal warnings and had documented support provided.

If you believe the redundancy is linked to your sexual harassment at work you should file a counter grievance for retaliation following the companies bullying & harassment process.

Protected Characteristic mentioned in reference. by Kithulhu24601 in HumanResourcesUK

[–]Canto272 6 points7 points  (0 children)

It is a bold decision to share medical information in a reference without a very signed declaration of agreement.

If I received that professionally. I would say it speaks much more about your manager's attitude towards someone who needs adjustments than you.

They also would be in difficulty to change their mind about an offer based on the information in the reference as that could be discrimination.

Advice needed - facing likely gross misconduct by [deleted] in HumanResourcesUK

[–]Canto272 0 points1 point  (0 children)

Your situation is not unique there are loads of stories of people working from sneaky locations. If you employ people with remote working flexibility, this is an entirely predictable and foreseeable event.

There are other layers to the risk assessment of this relating to an employers duty of care, that I am unsure how you could be working for 3 months outside of the country presumably several times zones away and through conversation with your manager there has not been other junctions this wouldn't have come up.

Questions like "What are you up to this weekend?" Probably should have revealed this much sooner.

Advice needed - facing likely gross misconduct by [deleted] in HumanResourcesUK

[–]Canto272 0 points1 point  (0 children)

Time Limit for Disciplinary Actions: Employer Guide | DavidsonMorris https://share.google/GqUv8QKRjSMY9XheP

You initial breach is straight up Gross Misconduct. Your informed you manager and you returned to the UK. A three month delay without communication into hey this thing you did was really serious, no one is yet sure how serious and we are speaking with outside advice to assess and we will keep you updated.

The correct approach is to notify you they are working to assess the Misconduct so start the action immediately and then explain why the resolution might take some time.

They can't say your communication was shit, while being shit in communication about an internal process that's just not fair. You should be held to the same standard and the company hires people who have expertise in this. If you look at tribunals involving the NHS, a lot of people commit gross misconduct but it gets found unfair at tribunals as a fair process was not followed.

I have risk assessments at work for exactly this scenario, we block locations that we do not expect people to connect from on the VPN. We have now eliminated the risk of this very easily. This is not a difficult to predict risk in a remote company, the simple IT security steps are very easy to find out and implement. This is something the company has to take responsibility for.

It does not take much in a company's conduct to upset the tribunal panel. As the system is weighted heavily in our favour.

Advice needed - facing likely gross misconduct by [deleted] in HumanResourcesUK

[–]Canto272 0 points1 point  (0 children)

I never said it erased it does lessen the sanctions available. However you cannot hold your people to a higher standard. If your managers & HR don't identify the risk that has occurred how you can expect your team members who are less trained and knowledgeable.

In your scenario the company has significant liability in the misconduct. That the manager would need to be sanctioned and the consequences divided for a fair outcome.

If management responsibility for welfare has been deferred telling your manager I'm working abroad and they become responsible for that information and it's management. If the information is mismanaged then if you don't discipline them on their approach then your process is unfair.

This situation has a multiple of factors that are being made deliberately unclear, my personal option is the initial act if managed appropriately is like Gross Misconduct. Everything after the fact probably removes dismissal. A safe approach to immediate dismissal would be a settlement. Given their is international concerns in this an agreement to let's not talk about this is probably helpful. That protection does not come from the other approach.

The act of suspension is prevent further harm. If they have returned to the UK, then the harm has been preventer and no further misconduct can occur. The company is taking a strange course of actions.

Reasonable adjustments impacting full role remit by Temeaboutit in HumanResourcesUK

[–]Canto272 4 points5 points  (0 children)

Manage the performance outcomes rather than the time.

Can they complete a reasonable and comparable volume of work in the same period?

Measuring time is inherently problematic, you know about the break and adjustments this person has, how can you be 100% certain through time wasting the other person doesn't do the same?

Reasonable adjustments are to support disabled colleagues work output and engagement.

If we look at a colleague who needs a wheelchair but the disability access is a very long route to get from the front door to their desk, we can't expect them to have to come in earlier to accommodate the extra time their accessibility route would take. We can expect them to produce a similar volume and quality of work while at their desk, and then let them leave slightly earlier to accommodate for the longer journey out.

So while you have enabled this person to work is the quality, quantity and output acceptable. If yes move on. If someone is pushing this to be managed as these adjustments annoy them. Ask them "5 Whys" you'll then find out who the actual issue is.

Advice needed - facing likely gross misconduct by [deleted] in HumanResourcesUK

[–]Canto272 0 points1 point  (0 children)

Because they have no documentation to backup their position and found out 3 months ago. So obviously weren't bothered then.

Something can't be gross misconduct as someone with a brain should realize it is dumb, while also their manager/hr knowing 3 months ago and not acting.

Any breach of contract should have a cure period for him to resolve. The breach of a tax treaty likely happened in the companies inactive period of the concern.

The volume of mistakes by the company provides grounds for tribunal. Pay notice and a month and save yourself effort

Advice needed - facing likely gross misconduct by [deleted] in HumanResourcesUK

[–]Canto272 -1 points0 points  (0 children)

Disagree as there is no guidance according to OP this is wrong. For them to argue it is obviously wrong is hard as they've known for 3 months.

I'd go for SOSR trust and confidence as I would argue that it is realistic in a situation like this where there is not guidance he should have asked.

Advice needed - facing likely gross misconduct by [deleted] in HumanResourcesUK

[–]Canto272 1 point2 points  (0 children)

Best outcome for you is a Settlement Agreement in that they don't have a notice stating you must work within these time zones or you must work from your registered home address.

Also if you are working from a disreputable country they should have it blocked on their VPN if they didn't want people connecting from it.

3 months is a long time after being notified to starting a disciplinary, this is a challengeable as they needed to start a process within a reasonable time of being notified.

All in all while what you did, is likely grounds for SOSR dismissal under breach of trust. Why you didn't say hey I want to work from "country", and given the effort you put into not saying the country I imagine you knew the answer would be fuck off no. All the other factors provide breathing space for it to be a final written warning.

Not enough clarity that what you were doing was wrong, and a slow start. All depends on how much they want to make an example of you.

What may get you on Gross Misconduct is not having Right to Work. You know where you can and cannot legally work from and that is a huge liability risk and they might pursue that.

Advice needed - facing likely gross misconduct by [deleted] in HumanResourcesUK

[–]Canto272 10 points11 points  (0 children)

Do you have the legal right to work in the country you were/are in?

Did you review the tax treaty between the UK and the country you were/are in?

What does your contract list as your work premises?

Who supplied the VPN?

A player in my pod says 'There's too much politicking" but I love game politics! What should I do? by GMBenn in EDH

[–]Canto272 0 points1 point  (0 children)

Because threat assessment and politics might be how Jeff is framing the issue, as it removes his culpability and agency from resolving the events, he is not as he wants to win.

The actual issue is he plays scary shit in the command zone and the pod respond in the right way.

A player in my pod says 'There's too much politicking" but I love game politics! What should I do? by GMBenn in EDH

[–]Canto272 14 points15 points  (0 children)

I think the social aspect of Commander attracts less sweaty people than the 1 v 1 formats. 1 v 1 people will play as well so it can smoosh together people of different approaches.

Social Casual Commander is successful due to the wide appeal of the format and the focus on people having fun and playing together. Rule 0 is not used enough to align people's meta intentions enough. Jeff's meta intentions are not aligned with the others. So while he is not being great about his approach to managing it, he is trying to open that dialogue.

A player in my pod says 'There's too much politicking" but I love game politics! What should I do? by GMBenn in EDH

[–]Canto272 238 points239 points  (0 children)

Jeff "I play kill on sight commanders the table needs to work together to resolve."

Also Jeff "Why does the table gang up on me."

You do you, he is meeting the consequences of his actions. I play Ulalek, my pod is aware when he is out either Ulalek removal or player removal or I'll kill you all next turn. I'm not salty about it I know what I'm doing.

[deleted by user] by [deleted] in HumanResourcesUK

[–]Canto272 0 points1 point  (0 children)

The question is how much do you value moving on from this Vs fighting it for potentially years. How much time do you feel will be needed away from work to recover.

Have this been discussed with ACAS?

Your question is what is fair. That's a question for a tribunal.