TSW Training's Blog

One of Wales' longest standing training providers offering training and development to organisations throughout the UK

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Hugh James & TSW - January Blog Update

With the first couple of weeks of 2014 under our belts, the New Year once again heralds more change on the employment law front. The backdrop for people management and potential liability for mismanagement this year is again one of continuous change, harnessing the momentum gathered throughout 2013.

Last year saw the Government introduce fees as payable by the Claimant in order to lodge a claim in the Employment Tribunal ("ET"). Two bands were set – one to deal with straightforward cases and the other to assess more complex claims, with each band attracting a lodging fee of £160 and £230 respectively.

In keeping with this approach of "all change" in the litigation process, 2014 is equally busy, with a proposal in April that the ET will have a discretion to levy a financial penalty, payable to the State against employers who lose a case, for breach of employment rights where that breach has one or more aggravating features – this will be in addition to the compensation the Claimant receives. It’s proposed the penalty should be half of the total award made by the ET to the winning Claimant, subject to a minimum of £100 and a maximum of £5,000. So for example, an £8,000 award to the Claimant could see the employer hit with another £4,000 penalty for breach of employment rights. Practically there will be a 50% reduction if the penalty is paid within 21 days (like a parking fine) and the levy itself will be discretionary, not automatic.

Adopting our tried and tested mantra of prevention rather than cure, it is essential that all organisations irrespective of their size and sector, get up to speed now with the new rules to avoid ET liability. With a view to up-skilling HR professionals and line managers, TSW and Hugh James continue with their series of collaborative training programmes for 2014. The aim is to deliver one interactive and informative workshop on a bimonthly basis on a variety of employment and HR-based topics, all of which combined represent an invaluable toolkit for anyone responsible for managing staff.

The date for your diary is 19th February 2014 when Hugh James will deliver "The Perils and Pitfalls of the Employment Tribunal." The session will blend the legal principles underpinning the ET regime with a practical and best practice approach, examining various exit strategies, Tribunal documentation, the different preliminary hearings and assessing how to reduce liability through effective preparation and a tactical approach. The workshop also discusses how to prepare witness statements and give evidence, the judgment and remedy and issues of mitigation, costs and appeal.

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Whats happening in January with TSW?

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A Lethal Cocktail: Alcohol, Drugs and Employment Law.

by Hugh James Solicitors.

A Government Drug Tsar once said “We have probably all got druggies in our workplace. Whether it’s legal or illegal, gin or heroin, we need to reduce the level of drugs at work and personnel should be out there supporting and campaigning” 

The practical impact of drugs and alcohol misuse in the workplace is significant with effects ranging from reduced work performance, to increased sickness absence and ultimately damage to an organisation’s reputation. Use and abuse of controlled substances is also a legal minefield with many tricky employment situations raising their ugly heads:

Dismissal

Sickness or misconduct?

Health and safety

Off duty conduct

Practical impact of losing a driving licence

Testing do’s and don’t’s

To explain the delicate balance to be struck when dealing with difficult workplace issues including drug and alcohol use, the next event on the TSW Training / Hugh James collaborative programme is set for 28th November 2013 on the topic of Handling Sensitive Issues.

The other thorny subjects which make up this workshop include managing personal relationships at work, dealing appropriately with concerns regarding an employee’s appearance and personal hygiene and having difficult conversations about job performance.  

Once the legal underpinnings of these awkward exchanges have been addressed, the session will then equip you with the practical skills to be able to question, listen and constructively feedback to your staff in a factual, sensitive but direct manner.

Attendance is a must for those who wish to prevent, rather than have to cure, these typically sensitive issues but if problems do you arise, you will have the confidence to deal with them head on without embarrassment or self doubt. 

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Barry mum of four shortlisted for national award

MUM-OF-FOUR from Barry who left school at 15 has been shortlisted for a prestigious national award.

Some our success helping people back into work!

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Warning over construction skills

BBC News highlights the need for construction skills in today's market.

Check out our course offerings with Construction Skills Training Ltd @ www.constructionskillstraining.co.uk

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TSW Training/Hugh James September Blog

Automatic dismissal for gross misconduct? Think again!

An employee guilty of gross misconduct is usually dismissed, and more often than not that's the correct action for the employer to take. But dismissal shouldn't be an automatic consequence; and employers should always look carefully at whether it would be a fair sanction.

In the recent case of Brito-Babapulle v Ealing Hospital NHS Trust, the Employment Appeal Tribunal decided that dismissal following an employee committing an act of gross misconduct is not necessarily within the band of reasonable responses. 

The Claimant was a consultant for both private and NHS patients. Whilst on sick leave and receiving sick pay, the Claimant continued to work for her private patients. The Employment Appeal Tribunal agreed that it was reasonable to conclude this was an act of gross misconduct but not that a decision to dismiss was also therefore reasonable.

The case is a helpful reminder that employers must consider all the circumstances of a case, such as length of service, the consequences of dismissal and a previously unblemished record before making a decision as to the appropriate sanction.

This is just one of the thorny issues employers encounter when dealing with disciplinary issues. Given the fact this is one of many tricky topics, it is essential that managers have an up-to-date toolkit to keep them abreast of employment law and management best practice. To ensure knowledge and skills remain honed, see the remaining events on the 2013 TSW Training/Hugh James Programme, including:

Employment Law Essentials - 3rd October

Performance Management - 29th October

Handling Sensitive Issues - 28th November

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Lessons to be learnt from the Panasonic Apprenticeship Example - Wilmott MP

Jenny Willott, Liberal Democrat MP for Cardiff Central, this week visited international electronics plant Panasonic Manufacturing UK in Pentwyn to learn more about their excellent apprenticeship programme. Jenny met with Panasonic’s MD, management team and apprentices and discussed how Panasonic’s very successful apprentice programme has been developed over thirty three years. 

Commenting, Jenny Willott MP said: “The Liberal Democrats have helped to create a million jobs since coming into Government, and have launched the Million Jobs campaign to create a million more. Apprenticeships are a key part of the campaign, creating new opportunities for young people whilst also providing businesses with the loyal and capable staff they need to succeed. “I want to see apprenticeships viewed as a much more mainstream route to work and businesses like Panasonic are at the forefront of achieving this. I was delighted that Careers Wales and TSW Training joined me on my Panasonic visit, to see the work being done and what lessons can be learnt from Panasonic’s example to help create more apprenticeships here in Cardiff.”

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Blog Series: The Empowering Manager

In the latest of our Manager Recipe Book blog series, we look at the Empowering Manager.

The Empowering Manager provides opportunities for people to make their own decisions. Empowering others involves sharing information; creating autonomy through guidelines, and often replacing traditional hierarchical structures with self-managed teams. Effective empowerment achieves a subtle balance between giving another person the room or the freedom they need to work independently without close supervision or control, and full appreciation of the responsibility such freedom entails. 

Skillful empowerment is a powerful motivator to achieve workplace excellence.

The following ingredients should be added, blended well and left to mature over time:

Trust and openness requires having the faith in individuals that they will try their best and meet their promises and about being open and honest in communicating with people as the empowerment process unfolds.

Warmth toward people involves creating a positive and supportive climate when communicating with people and demonstrating an understanding of others’ viewpoints and feelings.

Empathy is the ability to recognize and, to some extent, share feelings that are being experienced by another person and to feel compassion towards their circumstances.

Capacity to listen is the ability to both hear and understand other people, and to quickly discover their full communication or message so that a full understanding can be arrived at.

Delegation is identifying tasks that a given person in the team can do as well or even more adeptly than the manager and then designing a project to allow that person to build his or her skills and knowledge to help maximize his or her potential

Coaching involves providing guidance and support to people who may benefit from your expertise, wisdom and business knowledge, and identifying people who would benefit from a mentoring relationship with you.

Contact us about courses that can help you become an empowering manager!

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Blog Series: The Disciplined Manager

Here is the latest in our blog series: The A-Z Manager Recipe Book.

The Disciplined Manager

The Disciplined Manager is not someone who punishes individuals or tries to gain control through lots of rules and high levels of obedience but is instead a positive role model for high standards. He/she acts as a personal role model for others to emulate.

A disciplined manager is focused on making “disciples” (the root of the word) of the standards so that these can be followed in consistent ways, creating a sense of both stability and accountability. This disciplined manager must therefore sometimes speak up when it is important to do so.

The following ingredients should be added, blended well and left to mature over time:

Challenging mediocrity is about a manager challenging him or herself and others on the team to do the best work possible and not to accept lackluster performance, or results.

Target focused is about setting clear objectives creating long term plans with well-described milestones and ensuring that effective measurement systems are in place to track progress.

Alert to shortfalls involves setting up as many performance shortfall “early warning systems” as necessary to ensure that individuals can be encouraged or coached before gaps widen.

Straight-talking is the ability to be frank and use clear communication rather than technical language, avoiding indirect or abstract communication to ensure that people understand standards or what needs to be done.

Fair-minded is about weighing the information received in an even-handed and balanced way or trying to see the actual strengths and weaknesses of any reasoning that is presented with as little bias and/or prejudice as possible.

Consistent means being reliable, coherent, congruous and uniform in your general approach to people and standards so that individuals can expect reasonable treatment and balance related to workplace issues.

Let us know if this fits you or any experiences you have had with a disciplined style manager.

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Blog Series: The Change Manager

This weeks manager recipe is the Change Manager.

The Change Manager has the ability to anticipate and respond effectively to a wide variety of workplace changes, which involves shifting/transitioning individuals and teams from a current state to a desired future state.

The effective change manager is skilled at helping others accept and embrace change in their current business environment. Such changes include overall vision, mission and goals for the organization, and whether these are strategic, operational, technological or attitudinal in their nature.

The following ingredients should be added, blended well and left to mature over time:

• Proactive thinking is the ability to maintain a conscious awareness of events and situations around you and to take action to be ready when you see change on the horizon. This includes making small adjustments now to be as well prepared as possible later.

• Involving others is the ability to talk and consult with others, to both gain and impart useful information and network with people to understand or learn about their feelings.

• Visualizing the future is about devoting regular time to thinking about the medium and long-term future in order to identify a positive and compelling vision of what could be, so that others understand this and get on board with the change early.

• Communicating clearly involves describing change in simple language and in understandable and appealing ways for every individual and change stakeholder group.

• Breaking from the past is the ability to successfully ease yourself and others away from the familiarity of past approaches and towards the benefits of the “new order or world” or the ability to draw a firm line between the past and the future in order to make a transition.

• Consolidating new learning involves actively engaging in personal learning and offering to coach others in handling change by taking the “plunge” in a “safe” environment or creating an environment in which people feel comfortable that they can take on or learn new skills and behaviors without fear or trepidation.

The Change Manager has all of these ingredients; no substitutions or omissions can be made to the recipe.

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TSW Supported Gofal at their Annual Charity Golf Day!

Check out the video to see how the day went!

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Katie Hopkins controversial views on childrens name and status.

Do you agree with her?

Let us know by commenting below

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Blog Series: The Business-minded Manager

This week's post in our Manager Recipe Blog series is the Business Minded Manager. 

The Business-minded Manager coordinates many activities in order to run a business efficiently and make a profit or achieve other challenging goals. He/she needs strong working knowledge in a number of key areas such as sales, marketing, operations, information technology, finance, support services and public/customer relations and be a specialist in one of these areas as well.

INGREDIENTS

The following ingredients should be added, blended well and left to mature over time:

Customer focus is tuning in to customer needs to guide decision-making and strategy (even if this is an internal as opposed to external customer team).

People and team development is the ability to organize the team in ways which achieve both departmental and business-wide goals. This means managing people both individually and collectively as circumstances shift or change.

Strategic ability is the ability to think about all the possible ways that business goals or targets

might be achieved and then set a course or overarching strategy that has the best chances of success.

Information management is capacity to both sift the plethora of data and information that is regularly received and present it to team members in intelligent and intelligible ways, so that it can be acted upon as necessary.

Operational coordination is about ensuring that the whole team has the skills/expertise and resources necessary to get work done in efficient and effective ways on a day-by-day and week by week basis.

Financial acumen is being able to set well-constructed budgets for projects and tasks and then making sure that finance is always appropriately controlled.

The Business-minded Manager has all of these ingredients; no substitutions or omissions can be made to the recipe.

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Take your opportunities whilst you can!

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Blog Series: Manager Recipes

There are many ways to be a successful leader including different approaches to management. This first blog series by TSW will contain a number of different ingredients for 26 different types of Manager's. We will be posting these over the next few months so follow us to get the next post in the series.

INGREDIENTS

Tolerance of ambiguity

Courage

Flexibility

Learning-centered

Innovative

Persuasive

The Agile Manager is nimble – able to change and adjust quickly to rapidly changing demands or conditions. Business agility can be achieved by maintaining and adapting goods and services to meet customer demands, adjusting to changes in the environment and taking advantage of human resources. Agility is a concept that incorporates the ideas of flexibility, balance, adaptability, and coordination under one umbrella. In business, agility refers to one’s ability to rapidly adapt to market and environmental changes in productive and cost-effective ways.

The following ingredients should be added, blended well and left to mature over time:

Tolerance of ambiguity is the ability to deal with issues that are not clear-cut or which require interpretation, and perform well in a new, complex, fragmented, unstructured, or unclear learning environment.

Courage is needed to stand up for what you believe to be true and to pursue a course of action, even when others are critical or attacking; mentally strong as a leader or role model in the face of new and different conditions.

Flexibility is the ability to adapt to change, understanding that change is inevitable and welcoming opportunities that change presents by “jumping-into” new situations with an open mind and a positive attitude.

Learning-centered is the commitment to learn from errors and mistakes and to engage enthusiastically in “life-long” learning activities; takes on new knowledge, seeks feedback and learns new behaviors.

Innovative is thinking in creative, innovative ways when faced with obstacles or challenges and leading and supporting others’ development and experimentation.

Persuasive is being able to influence others through communication to change their thinking or actions by presenting a compelling vision of what might be possible.

The Agile Manager has all of these ingredients; no substitutions or omissions can be made to the recipe.

Are you all of these things? Do you disagree with any of this post?

Let us know by commenting below!

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Asking the question, whom do you serve? is a powerful vector on which to build a useful typology of leadership. Visiting professor Modesto Maidique offers a six-level Purpose-Driven Model of Leadership ranging from Sociopath to Transcendent.

An interesting article on the different types of leaders!

Which category do you fall under?

Click here to comment

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Teenagers should do mandatory care 'national service' says actress and 'dignity in care' campaigner

Profile: Teenagers should do mandatory care 'national service' says actress and 'dignity in care' campaigner

Controversial Article!

What are your thoughts on this?