At Peninsula, our advisers support employers worldwide through wonderfully weird and wild situations.
There’s the hilariously petty (many of us will have been caught up in a stolen lunch dispute) to the totally hair-raising (you’ll see what I mean in my fourth paragraph…).
So, in my experience, a day in the life of an HR adviser is never boring. And often, it’s downright odd.
Don’t believe me? These real-life calls to Peninsula will change your mind…
1. The employee who secretly worked from Mexico…
First up, an employer in Ireland was blindsided by a staff member who claimed to be working from home. In reality, they’d been exploring Mexico for months.
Whether you adopt a hybrid, on-site, or fully remote working model, you expect honesty from your staff. While ‘work from anywhere’ policies are increasingly popular, they require openness between staff and management.
Otherwise, you aren’t party to any factors that could risk the security of your business. You might have confidential information you’d rather keep that way, and not shared aloud in a Mexican café.
There’s also issues around duty of care. An employer is responsible for their employees’ safety and wellbeing, wherever they work. But if you don’t have a clue where staff are working, that task then becomes impossible.
While ‘work from anywhere’ policies are increasingly popular, they require openness between staff and management
Do you know where your staff are?!
So, it’s essential to make working arrangements clear in a watertight staff contract.
Be sure to stipulate working locations, and any flexibility you have around this. Then, when you have regular check-ins with staff (which is always advisable), you’ll know whether they breach these rules.
It’s also an option to try HR tech that uses ‘geofencing’ – this tells you when and where staff are working.
2. The eyebrow-raising fundraiser…
A Peninsula client in Australia had concerns about a fundraiser for an employee’s cancer treatment.
After receiving generous donations, the employee shared snaps of their holiday in Thailand on social media. And while the employee could have received their treatment in Thailand, it seemed unlikely…
In these situations, however, it’s wise not to jump to conclusions. A picture on social media doesn’t prove any wrongdoing in itself.
Initially, investigate
First, it’s essential to carry out a full HR investigation. Depending on what the investigation reveals, the employer could then have grounds to take disciplinary action.
Next, there’s the issue around falsifying reasons for sick leave. If the investigation reveals proof of theft, the situation becomes even more serious.
Theft would often be ‘gross misconduct’ – misconduct that’s so severe, employers can skip the usual disciplinary steps, and head straight to dismissal. It’s also a matter for the police.
Dismissal is a technical procedure that’s rife with legal risk. Angry ex-employees often take their employer to tribunal – and if the judge doesn’t feel that the dismissal was ‘reasonable,’ it could lead to hefty compensation fees
3. Work isn’t always fun and games…
Here in the UK, an employer called up Peninsula with a rather abnormal question. They wanted to know whether they could fire staff for playing hide and seek at work.
And while HR often gets a bad rep for being the ‘fun police,’ there is a time and place for games.
First, did they hide away on working time? Because it’s highly unlikely that playing games is part of their job description.
Secondly, if they did abandon their duties, did it affect the quality of their work? Poor service or missed client deadlines would give the employer grounds to take disciplinary action.
However, if the answer to either of these questions is ‘no’, it’s likely that dismissal would be a step too far.
Dismissal can be risky
Dismissal is a technical procedure that’s rife with legal risk. Angry ex-employees often take their employer to tribunal – and if the judge doesn’t feel that the dismissal was ‘reasonable,’ it could lead to hefty compensation fees.
What’s ‘reasonable’ is entirely up to the tribunal judge on the day. So, if you dismissed an employee over a single game of hide and seek – and nothing more – there’s a chance that a tribunal judge might consider it unfair.
Instead, it’d be best to speak to staff informally first, and highlight the importance of professionalism.
All employees should be capable of fulfilling the duties outlined in their job description and contract of employment. And if they can’t, the employer would then need to consider dismissal
4. The curious case of the wandering ghost…
Over in Canada, Peninsula’s advice team encountered a supernatural turn of events…
A caller complained that a new manager would avoid working in certain areas of the store.
Why? Because she claimed a ghost was wandering the aisles.
As the employee was a store manager, this would have clearly caused issues in her role.
In this scenario, first steps would involve ruling out any medical issues. If there were medical issues at play, the employer would need to make workplace adjustments.
But if not, this would need to become a disciplinary case.
All employees should be capable of fulfilling the duties outlined in their job description and contract of employment. And if they can’t, the employer would then need to consider dismissal.
5. When bad driving became an HR issue…
Our UK advice team handled an unusual case around a bout of bad driving. The caller shared a lift into work with a colleague. So far, so normal.
However, it transpired that the lift was rife with danger – as the co-worker drove so dangerously, it led to a matter for HR. So much so, the caller wanted to know whether they could raise a grievance against the bad driver.
Next steps hinged on whether driving was an essential part of the employee’s role. As you’d expect, if a bus or taxi driver displayed dangerous driving, it would be a major concern. This would then become a performance issue, in which the employer would need to provide relevant training.
If the employee didn’t improve, the employer might then look to use a capability or disciplinary procedure.
However, if the lift was nothing more than a carpool to work, the advice becomes little more than common sense: don’t share a lift again!
If you enjoyed this, read: Four ways HR can reinvent work in 2023
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