Human resources (HR) advice for employees can be invaluable. It is common for employees to be aware that HR, from within their organisation, may be able to help. If you would like to find out more about the support that may be available from internal HR, read our blog, is HR for the employee or the employer? However, alternative sources of support are available, and this blog will highlight the ways in which independent HR advice could be useful to employees.

 

 Ways in which independent human resources advice for employees can help

1. A different perspective

It is common for employees to feel confused or frustrated at times. Perhaps there is a perception that people are treated inconsistently, or an employee is unsure about how situations should be handled. Having independent advice can provide peace of mind as the person concerned will know how things should be done and what the next steps should be.

 

 2. Confidentiality

 

Unfortunately, distressing situations can occur at work such as discrimination, bullying or harassment. In such distressing circumstances, the person may be unsure of what to do and may not feel able to speak to their line manager or HR straight away.

Being able to access support as and when needed, and having someone to turn to, can help to navigate these challenging times. Whatever the issue, accessing independent advice means that employees are able to make informed decisions about what to do, based on their own preferences and priorities. Such input may also mean that it is no longer necessary to raise the issue with the employer because any questions have been answered.

Employees often hesitate to share concerns with internal HR out of fear that they may be perceived as making a fuss or be labelled as a troublemaker. Independent HR services provide a safe and confidential space to discuss sensitive matters.

 

3. Expertise in Employment Law

 

It is common for HR issues to escalate, and it is important to know what action to take when this happens. For example, what can be done if you disagree with the outcome of a performance improvement plan? When is enough really enough when it comes to constructive dismissal? Was the disciplinary process done reasonably? Having guidance on these issues, before a decision is reached, enables steps to be taken to increase the likelihood that the situation can be resolved and, if not (for example when a dismissal has occurred) advice means that the options available are explained, such as pursuing an appeal or considering an Employment Tribunal claim. If you are in need of advice concerning potential litigation, check that the firm offers these services/ has expertise in those areas.

 

 4. Tailored support

 

Obtaining independent advice means that any advice should not be general but instead be customised to the individual, with time taken to understand the situation and what the desired outcome would be.

 

Five common tasks that independent HR advisors assist with

Employees may encounter various situations where independent HR advice is particularly helpful Here are some common examples:

 

1. Advising on conduct issues

It is common for employees to be subjected to a disciplinary process and for the employee concerned to feel that the approach adopted by the employer is unreasonable. Gaining independent advice can clarify what procedures are in place and whether or not they have been followed correctly. Advice can help employees to understand how to challenge the allegations against them, to know what to do to prepare for an investigation meeting and, if the matter goes that far, a disciplinary hearing. To learn more about investigation meetings at work or to find out  how to be successful at a disciplinary hearing read our blogs.

 2. Contract Review

Whether an employee has not accepted a job offer yet, has just started with the organisation, or has been there for many years, a contract of employment contains a substantial amount of important information and having advice so that the person is familiar with those details can help to inform next steps.

For example, the person may want to know:

If I left the company, are there any restrictions on what I can do next?

How will the proposed change to my contract, affect me?

Can my employer prevent me from having a second job?

I have been placed on gardening leave, what does that mean?

I am going through a disciplinary, where can I find out more about what will happen?

3. Addressing Performance Issues

Receiving a negative performance review can be distressing. Independent HR advice can provide clarity on:

• Whether the performance improvement plan, and associated timeframe, is fair.
• How to constructively challenge areas where an opinion or assessment is inaccurate
• Navigating appeals, grievances or exploring pursuing an Employment Tribunal claim (as appropriate in the circumstances).

To find out more about employee rights on a performance improvement plan read our blog.

 

 4. Drafting grievances and/or whistleblowing complaints

It is common for the person to know that they are being treated badly but a complaint is not made, or grievance submitted, because the person concerned does not know where to start. Having someone to explain the situation to, who is able to advise on what can be done to improve the situation, can be reassuring. Furthermore, the advisor could help put together a grievance or complaint letter explaining what the concerns are about. For more information on reasons to file a grievance at work read our blog.

5.Navigating dismissal

Having your employment terminated, for whatever reason, is a distressing experience. Gaining independent advice can help to

• Provide guidance concerning whether or not the process was fair.
• Provide advice regarding whether or not there may have been discrimination.
• Set out the options going forward.

 

Plotkin & Chandler works exclusively in the areas of HR and employment law and assists both employees and employers.

 

Whether you would like advice on HR issues such as a disciplinary, grievance or a personal improvement plan, or you would like to discuss bringing an Employment Tribunal Claim, we would be pleased to hear from you.

Call us on 020 3923 8616 or via email on info@plotkinandchandler.com for a no obligation consultation.