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An offer of employment can be withdrawn at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.