Guidelines on Being an Employer and a Manager

Guidelines on Being an Employer and a Manager

Archbishops’ Council Human Resources Department

Your role as employer

As part of your role as the employer in your corporate capacity you are required to ensure that your legal duties under employment legislation are met. Specifically, you should be able to answer for your actions in relation to any claim concerning discrimination, which is a particularly high risk area.

Detailed information about the complex and changing legal framework that underpins the employment relationship is available from the HR Department. By taking HR advice you can minimise the risk you face as the employer who is ultimately answerable to his actions at an employment tribunal.

The guidance available

The HR Department have drafted a set of guidance notes on aspects of the employment process and employee development. The aim of this suite of guidelines is to advise you on fair approaches to managing your staff in line with relevant legislation.

The guidelines are available from the HR Adviser (Bishops) and cover the areas of recruitment, probation, changes to terms and conditions, the disciplinary process and leavers’ procedure. Advice on maternity/parental rights and occupational health referral are also available.

The employment relationship

The employment relationship places duties and obligations on both the employer and the employee. Some are statutory, some are contractual and others are implied.

Professor Anthony C Thiselton identifies as key features of “contractual relationships between Christian people” as follows:

“(1) the formulation of a defined relationship on the basis of which both parties know where they stand; (2) the imposition, definition and acceptance of mutual constraints that limit deviations from what has been agreed by the parties; (3) a significant measure of protection for the helpless or vulnerable; and (4) the nurture of the sense of confidence that can arise only from knowing where one stands”[1].

In this way, we would expect the employment relationship to be characterised by accountability, clarity of expectation, fairness, openness, transparency and reasonableness.

Role of the Manager

In addition to the obligations mentioned above, the employer should undertake certain duties such as the duty to provide work, the duty to provide a safe working environment and the duty to promptly and properly deal with any grievance raised by the employee. Recommended procedures for health and safety and disciplinary and grievance are provided by the HR department to support you in this.

The employee should expect to work in an environment free from bullying and harassment. In return, the employee has a duty of co operation and care. Adherence to the principles of the employment relationship outlined above will promote this atmosphere of mutual trust.

Good practice approach

Good employment and management practice is important in promoting a content and motivated workforce. In order to demonstrate the importance of following proper procedures the risks of unprofessional and unfair behaviour in the workplace are outlined in the suite of guidelines.

Sound policies and procedures help to minimise problems arising and to ensure clarity about how matters will be handled. This pre emptive approach can help you as the employer to avoid possible pitfalls.

Recruitment of new staff

ACAS guidelines suggest that the future of the employment relationship depends to a considerable extent on how the new employee is settled into the job. Work efficiency is generally reached only after a period of learning and adjusting to the new environment.

It is recommended that the induction process for new employees should include

· details about what training they will have and

· clear instructions about what is expected of them in their role.

· an introduction to the other members of the staff,

· any information needed to give the new starter a good grasp of your working practices,

· any particular health and safety requirements,

· details of whom an employee should go to for help and advice during the course of their employment,

It is the responsibility of the most senior manager to have an up to date list of emergency contact details for his staff.

Further information

If you wish to discuss any aspect of the employment relationship please speak to the HR Advisor (Bishops) or view the suite of guidelines on the NAN. Information about recruitment of staff and general principles of employment law are outlined in the Bishops’ Handbook, also available on the NAN.

[1] Review of Clergy Terms of Service, Thiselton, Anthony C, Annex 3, 13