It is accepted that employers can search the internet and find or buy a suite of employee documentation. However, this template document is just that – a template – and there may be some pitfalls in taking this route.
Employment legislation, precedent and good practice is ever-evolving and the available templates may not have been updated and therefore a crucial word or phrase may be missing. This could make a paper trail void if a claim were to be made.
The wording may also be factual and cold, and not reflect the language used in your business. Trying to adapt this could also mean that wording is misinterpreted and the paper trail is void
Templates – cold / distant from the client’s language and culture.
Moreover, there are numerous occasions and sets of circumstances in which a template document would not be fit for purpose.
Employees are humans and there is no black and white situation, there is a whole range of the grey!
At Advo, our clients present a multitude of employee issues, and we tailor correspondence in line with legislation and issues presented, and use language appropriate to the situation.
How, what, and in what context things are presented, matters
Cases where a template document would have been unsuitable:
- A grievance was lodged with multiple issues raised where within the employee grievance letter a data subject access request (SAR) was submitted.
When responding to a grievance, the matter of a SAR must be dealt with quite separately to the grievance response.
- An employee was off on long-term sick, and the employer wished to address her absence anticipating termination. However it is known that the employee’s child took their own life the previous year.
There is a prescriptive way in which to deal with long term sickness and the issue must be addressed in a particular way, with key words used, it is vital to take a sensitive and caring approach in this instance.
- An employee terminated employment on the grounds of unsuccessful completion of the probation period.
In this instance, the employer used an old template document, prior to engaging with Advo and omitted to include that the employee would be paid in lieu of notice. The ex-employee submitted a claim for unlawful deduction of wages.
- A contract was written for a new client which included a clause that there would be a non-contractual bonus scheme. It was intended that this bonus would be up to £3,000 as a one-off. However, the employer had stated in an email that the terms would include a bonus of £3,000.00. This is regarded a contractual term.
Importance of correct wording!
This resulted in the employee accepting the role, insisting that the £3,000.00 be paid and the client being obliged to pay this as a term of employment which can only be changed via consultation failing which they will have to pay the £3,000 every year.
At Advo, we draft compliant offer letters bespoke to your business which would have avoided this type of situation.
- During an investigation for gross misconduct, an employee has submitted their resignation. The client accepted this, and the employee subsequently stated that he felt that he had no option to resign as he believed that disciplinary action was a foregone conclusion. The employee later submitted a claim for constructive unfair dismissal.
At Advo, we would have drafted a letter for the client as soon as the employee had resigned, provided reassurance and given the employee the opportunity the opportunity to reconsider his decision. This would have negated this claim.
Certain forms of words can negate a claim
- When there is an allegation of gross misconduct, and the employee is suspended, care must be taken to ensure suspension is a last resort. Alternatives must be considered in any letter, the terms during suspension must be included and a description of the support provided must be described.
At Advo, we would draft a letter for the client ensuring that the allegation and all aspects relating to suspension are clearly described, thus negating any risk of litigation.
Importance of pre-emption, and of demonstrating duty of care
Employee issues are never black and white and there can be a number of matters intertwined, which have to be unravelled with care.
The value of well crafted, personalised correspondence in any employment matter cannot be underestimated and Advo will never provide templates.
We draft letters aligned with the situation to ensure that positive employee relationships are maintained, and the risk of litigation is reduced.
Reach out to us and find out how Advo expertise can support your business.