The Business Exchange Bath & Somerset Issue 10: Winter 2018/19 | Page 22

BUSINESS ADVICE EVERYONE’S A LAWYER space. I immediately took the view that there was no point entering a negotiation. I was the victim of overwhelming corpulence, I would be resoundly defeated. I retreated. Some time ago I was acting for a company in trade union negotiations. The company wanted to implement a restructure of skilled staff and the staff and unions hated it. The problem for the company was that they couldn’t dismiss the staff if they refused the changes - because it had no-one else skilled enough to make the product. Just like me on the tube, they had no stick to wave. The negotiation was bound to end badly. Probably the most important route to a successful negotiation is to focus on a win- win. How can the pie be made bigger so everyone gets a bigger slice? Put yourself in the other’s shoes and ask yourself what they would value that might not cost you anything. For example, is there tax efficient structure for a payment or would a good reference make a difference? Or for those who like who like to justify personal expenditure on a hobby here’s one I tried recently: “of course this new bike is worth the cost, it will make me so much happier and that will improve both our lives. Win win!” Next time, I’ll let you know how that one worked out for me. e: [email protected] t: 01225 326753 twitter: @StoneKingLLP MY TOP HR QUESTIONS OF 2018 AND WHAT TO LOOK OUT FOR IN 2019 As an HR Consultant I get asked lots of interesting questions relating to managing staff. Here are my top 3 of this year. 1. Does an employee have the right to bring a lawyer with them to a disciplinary hearing? Whilst employees do have the right to be accompanied to internal disciplinary hearings by a trade union representative or a work colleague, they do not have the right to be represented by a lawyer. 2. Can you withdraw a job offer? An offer of employment can be withdrawn at any time before it has been accepted by the employee. Once the employee has accepted the offer, a contract of employment will be in existence. Here the only way for you to terminate the contract is to give the employee the notice under the contract. Failure to do so will be a breach of contract. If you find yourself in this situation, seek professional advice. 22 THE BUSINESS EXCHANGE 2018 Peter Woodhouse, partner and head of business at Stone King by Jo Kangurs, Keystone HR 3. As an employer, are you liable if one employee assaults another employee at the company’s Christmas party? Yes employers are vicariously liable (legally responsible) for the acts of their employees carried out ‘in the course of employment’, which can include events held offsite, and out of normal hours such as an organised Christmas party. Make sure you remind your staff about the behaviours expected e.g. is not acceptable to start spouting offensive or discriminatory views or use inappropriate or intrusive language or physical contact. April 2019 We have a few things happening in April 2019. • Increases to National Minimum Wage, National Living Wage and other statutory payments. • Pay slip changes - Employers must include the total number of hours worked where the pay varies according to the hours worked, for example under variable hours or zero hour contracts. Payslips must be given to ‘workers’ and not just employees. So, what should we be looking out for in 2019? 1 January 2019 New legislation requires UK listed companies with more than 250 UK employees to report annually on the pay gap between their chief executive and their average UK worker. The first reports are due in 2020. If you have any HR queries or would like support with managing your employees in 2019, contact Jo Kangurs by emailing: [email protected] 29 March 2019 – UK leaves the EU In case you have been living under a rock since 23 June 2016 you will know that on 29 March 2019 the UK officially leaves the EU aka Brexit. Will we have a deal? We’re still waiting to find out… There has been an awful lot written about the art of negotiation, and a lot of it by people a lot more learned than I am. But it seems to me that adopting a few basic principles can substantially increase the chances of getting what you want, or, crucially, managing expectations as to what is feasible. We can see these principles in operation in daily life, so let’s think about how they suit the workplace. When I travel on the London underground, I usually like to use both seat armrests. This can sometimes involve a subtle negotiation with my neighbour, carefully using each bump and turn of the train to take a mild advantage, or make a subtle retreat. The other day a very large gentleman took the seat next to me and a goodly part of him flowed over the armrest into “my” Peter Woodhouse is an employment law expert and heads up the Business Sector at national law firm Stone King - but he asks; aren’t we all lawyers? In each issue of TBE Peter reflects on a legal skill that most of us use every day. This time he explores: Negotiation.