Advo HR Consultant, Jess Hall, outlines the importance of not just creating robust processes, but making sure they are also followed.

HR policies are necessary to ensure that both employers and employees understand HR processes and what is required of them from a legislative stance. Well drafted policies should also reflect the  ACAS Codes of Practice which provides guidance and a more practical advice regarding these legislative processes.

Should  an employer receive a claim against them and are required to attend an Employment Tribunal, failure to follow the ACAS Code of Practice will be taken into account when any financial awards are being decided. A Tribunal has the power to increase any awards by up to 25% if they deem the employer has unreasonably failed to comply with the ACAS Code. If policies are contractual too, there is even more risk of not following them as these could lead to a breach of contract claim!

In some circumstances, employers wish to dispense of following their own processes. Whether that be to avoid the awkwardness of having difficult conversations or to speed up a process, there are risks associated with doing so.

At Advo, we frequently provide advice where an  HR process or a procedure has not been followed, and we do all we can to support reparative action being taken and thus minimise risk.

Redundancy

It is vital that for any redundancy to be fair that an objective selection process should be used. It is imperative that there is a genuine business needed to propose the redundancies.

A common issue we find is employers wishing to make a specific person or group of people redundant. Redundancy is about the role(s) no longer being required and then objectively assessing the best person(s) to remain in post if reduced head count is required. To select employees for redundancy before the process has begun immediately makes the process procedurally unfair.

Also, at all points until redundancies have been confirmed they should be ‘proposed’. The purpose of consultation is to determine whether there may be other options. If an employer were to state from the start that redundancies are taking place this makes the consultation process flawed.

Short Service Dismissal

This is where an employer terminates an employee’s contract with less than 2 years service. Some employers opt to use this route instead of going through a HR process such as performance management. However, in our experience they are more commonly being used in situations where the employee is not aware there are any issues and the first they hear is that they are  being dismissed. Legally whilst this may be acceptable, morally employees should be given the opportunity to improve and dismissal as a last resort. Furthermore, a case may be taken to the Employment Tribunal where other claims are made, where the two year qualifying period, does not apply, such as discrimination etc. This may lead to the Employment Tribunal question the lack of reasons being provided for dismissal.

Right to Work

Failure to collect the correct right to work documentation before a worker commences employment (and before visas or work permits end) could lead the employer at risk of a visit from Immigration and potentially a hefty civil penalty of up to £60,000 per illegal worker.

Sexual Harassment

New legislation came into force in October 2024 which requires employers to take reasonable steps to stop sexual harassment taking place to their employees, whether that be at work, online, at work events or via third parties. Steps to demonstrate reducing the risk of sexual harassment include conducting risk assessments, introducing a clear, detailed HR policy and training for all workers. If an employer fails to take these proactive steps and a complaint is made, the employer may find themselves in a tricky and potentially costly situation!

Alongside HR policies which cover the standard processes, it is also important to have a trusted source to advise on matters as they are often more complex and have nuances that require professional advice. That’s why the HR Team at Advo are here to take these complex matters and provide practical and commercial advice with supporting documentation to keep employers the right side of employment law.

Please speak to your Advo contact if you would like to know more about how we can support you with your HR needs.