HR MANAGEMENT

FOR
LINE MANAGERS

GUIDE
Contents
Introduction......................................................................................................................... 3
What is covered..................................................................................................................3
How the HR department can help.......................................................................................4
The line manager and recruitment............................................................................................4
The line manager and discrimination.......................................................................................6
The line manager and managing performance.....................................................................10
The Line Manager and Managing absence...........................................................................13
The line manager and family-friendly leave...........................................................................16
The line manager and health and safety...............................................................................17

SHCS HR for Line Managers Page 2 | 20

Introduction

For many line managers, the responsibility for other people is the most difficult part of their role and
organisations are sometimes slow to recognise this. The relationship between the HR department and
the line manager is also a delicate one. HR should be there to advise and counsel, and to provide
guidelines within which the line manager operates while leaving the final decision to the line manager.
However, line managers also must operate within the constraints of the law and the organisation’s
own procedures and HR is sometimes seen as limiting the line manager’s chosen course of action.

The line manager needs to see responsibility for people as a core part of his or her post, not an add-
on which can be outsourced to HR. Most employees look to their line manager as a source of
information and advice, help in solving problems and the person responsible for managing their
performance and dealing with this if it falls short of expectations.

What is covered

This document looks at the main HR components of managing people and explains the importance of
each to the line manager. In particular it covers:

 how the HR department can help

 the line manager and:
o recruitment
o discrimination
 bullying and harassment
o managing performance
 appraisal
 discipline
 grievances
 absence management
o “family friendly” policies: employee rights in:
 maternity
 paternity
 adoption
 family responsibility leave
o health and Safety
The document is not a substitute for the organisation’s own policies and procedures or a
comprehensive guide to employment legislation but tries to identify those key areas which prove
contentious or difficult for line managers.

SHCS HR for Line Managers Page 3 | 20

How the HR department can help

Larger organisations will usually have a dedicated HR department. This can help line managers in a
number of ways:

 by understanding the needs of line managers and their business problems, HR can try to
ensure that recruitment is targeted to produce the best business results, and that appropriate
learning and development strategies are in place. Line managers should therefore have the
people resources they need to achieve their business objectives
 the HR department will usually produce policies and guidelines to explain how to manage
specific situations such as high levels of absence. Policies and procedures usually follow the
requirements of the law, e.g., disciplinary and grievance policies, and should therefore be
complied with. Failure to follow the organisation’s own policies and procedures is often the
reason why claims for unfair dismissal succeed. Line managers therefore need to be aware of
these policies and procedures and follow them. Where the line manager is involved in a
disciplinary or grievance situation, HR may well provide someone to offer support during the
interview process and to take notes
 the HR department is also usually the keeper of the records, e.g., the personnel file of each
employee and their sickness and absence record. However, the usefulness of these records
does depend on their accuracy, and the line manager has a significant part to play in this as
well, e.g., by ensuring that HR is notified of absences from work
 in many activities such as recruitment and appraisal, HR provides administrative support, e.g.,
by contacting candidates, arranging interview schedules, and turning down unsuccessful
candidates.
In smaller organisations without a dedicated HR department, there will still be policies and procedures
which should be adhered to, and there will probably be someone whose role it is to maintain the
personnel records and perhaps help with administration in exercises such as recruitment.

Whatever the size and resources of the HR department however, the responsibility for managing staff
comes back to the line manager who should make all the major decisions about hiring, firing and all
matters in between, but within the constraints of the law and organisational policy.

The line manager and recruitment

Recruiting the right people is a key task for the line manager. You need to have a logical procedure in
place which allows you to attract and assess candidates and come to the right decision. The basic
procedure, with which most HR departments will assist, involves:

SHCS HR for Line Managers Page 4 | 20

  defining the job and the person. This is not an optional extra — you cannot recruit the right
candidate unless you know what they will be expected to do and what skills they will need to
do it well
 finding suitable candidates whether through agencies or advertising. Past experience can be
useful here and HR should be able to tell you where previous successful candidates have
come from and what forms of advertising have not been successful
 drawing up the initial shortlist. You need to assess each candidate against the essential
criteria on the person specification. This allows you to check that the people you will be
interviewing have the necessary skills and also provides a good defence if an unsuccessful
candidate makes a complaint of discrimination
 assessing the candidates. You need to assess the shortlisted candidates against the skills
and competencies you have said are essential and desirable. Some of this can be done
through good interviewing, but you may also need to use other selection techniques such as
proficiency tests, intelligence tests or practical demonstration, e.g., asking candidates, where
this is appropriate, to give a presentation
 making the selection decision. The final candidates should be assessed against the essential
and desirable characteristics you have defined on the person specification and ranked. The
person who scores most highly is most likely to be successful in the job. The final decision
should be yours, but if HR has serious reservations about your chosen candidate, you should
take this into account
 making a conditional offer of employment. The conditions upon which employment is offered
will usually include good references, qualification checks and other relevant checks.

Recruitment and discrimination

It is unlawful to discriminate against candidates on grounds of their:

 age
 disability
 gender reassignment
 marriage and civil partnership
 pregnancy and maternity
 race
 religion or belief
 sex
 sexual orientation.
It is also unlawful to ask questions about health until you have issued a conditional job offer, except to
enquire as to whether candidates need special arrangements for the recruitment process because of
a disability.

In particular, you need to be careful that:

SHCS HR for Line Managers Page 5 | 20

  the job description and person specification do not appear to be written for one sex or group
only
 the selection of the shortlist and of the final candidate is made against the objective criteria
you have established in the person specification
 questions at interview are not biased because of the candidate’s sex, ethnicity, etc
 the final decision is not based on factors other than the candidates’ ability to do the job. For
example, you should not decide to offer the post to the best candidate because she is
pregnant.

The line manager and discrimination

As a line manager, it is your responsibility to make sure that your department operates a zero-
tolerance approach to discrimination at work. You should set an example in this by approaching all
decisions about people without prejudice because of sex, race, etc. This extends from decisions in
recruitment to decisions about redundancies and all stages in between.

You should also be aware of what is happening in your department and deal informally with disputes
which arise between members of staff before they become formal complaints. If an employee does
complain of discrimination, you must ensure that the situation is properly investigated and recorded,
and that appropriate action is taken. Line managers who appear to be complicit in acts of
discrimination can find that, if an employee (or candidate) makes a claim of discrimination, they can
be personally liable to pay compensation as well as the organisation itself.

Definitions of discrimination

Discrimination occurs when a person is subjected to a detriment for one of the reasons listed above.
There are four identified types of discrimination:

 direct discrimination
 indirect discrimination
 harassment
 victimisation.

Direct discrimination

Direct discrimination occurs when someone is treated less favourably than another person because of
a protected characteristic he or she has or are thought to have (see perceptive discrimination below),
or because he or she associates with someone who has a protected characteristic (see associative
discrimination below).

Associative discrimination

This is direct discrimination against someone because he or she associates with another person who
possesses a protected characteristic.

SHCS HR for Line Managers Page 6 | 20

Perceptive discrimination

This is direct discrimination against an individual because others think he or she possesses a
particular protected characteristic. It applies even if the person does not actually possess that
characteristic.

Indirect discrimination

Indirect discrimination can occur when the employer has a condition, rule, policy or even a practice
that applies to everyone but particularly disadvantages people who share a protected characteristic.
Indirect discrimination can be justified if the employer can show that he or she acted reasonably in
managing the business, i.e., that it is “a proportionate means of achieving a legitimate aim”. A
legitimate aim might be any lawful decision the employer makes in running his or her business, but if
there is a discriminatory effect, the sole aim of reducing costs is unlikely to be lawful.

Being proportionate really means being fair and reasonable, including the need for the employer to
show that he or she has looked at “less discriminatory” alternatives to any decision made.

Harassment

Harassment is “unwanted conduct related to a relevant protected characteristic, which has the
purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for that individual”.

Harassment applies to all protected characteristics except for pregnancy, maternity, marriage, and
civil partnership. Employees will now be able to complain of behaviour that they find offensive even if
it is not directed at them, and the complainant need not possess the relevant characteristic
themselves.

Employees are also protected from harassment because of perception and association.

Third party harassment

The Equality Act makes employers potentially liable for harassment of their employees by people
(third parties) who are not employees of the organisation, such as customers or clients.

Victimisation

Victimisation occurs when an employee is treated badly because he or she has made or supported a
complaint or raised a grievance or because he or she is suspected of doing so. An employee is not
protected from victimisation if they have maliciously made or supported an untrue complaint.

You are in the best position to know the people you work with and are responsible for — and if you
see behaviour which is not acceptable, you should deal with it before complaints can arise.

SHCS HR for Line Managers Page 7 | 20

The HR department, if your organisation has one, may be able to offer some help and should certainly
have developed policies setting out the organisation’s approach to equal opportunities. It is important
to know what these policies and procedures are and follow them if problems arise.

In practical terms, you need to think carefully about all decisions which affect your staff and make sure
these are not tainted by discrimination. Some examples include the following:

 do not assume that an older people would not benefit from training because of their age, or
exclude them from promotion decisions because of their age
 include all relevant employees in the pool for promotion, including women who are pregnant.
You should not exclude them because they may not be immediately available to take up a
post
 ensure that social activities do not revolve exclusively around certain activities i.e., pubs if you
have staff whose religion forbids them to drink
 if a member of staff has an accident or suffers from ill-health which means that he or she now
has a disability, then you should remember that you have a duty to make reasonable
adjustments so that he or she can continue working if possible
 make decisions about redundancy on objective criteria such as service and performance.
Part-timers should not be chosen in preference to full-time staff as this could constitute
indirect discrimination. If you are using criteria such as levels of absence, remember that any
periods of absence which relate to treatment for a disability or which are pregnancy related,
should be disregarded.

Bullying and harassment

The distinction between bullying and harassment is a fine one, but in both cases, the recipient is left
feeling bruised and hurt. As a line manager, you need to be sure that no-one in your department is
subjected to a campaign of bullying or harassment and to take action against the offender where
necessary. In many organisations, bullying and harassment are classified as gross misconduct and
are dismissible offences.

Bullying can be defined as targeted and persistent offensive, intimidating, malicious or insulting
behaviour. It can include the abuse or misuse of power intended to undermine, humiliate, denigrate,
or injure the recipient.

Bullying can give rise to complaints of unfair dismissal, discrimination, and harassment as well as
claims for personal injury if the bullying causes psychological harm. An employer may be vicariously
liable for the acts of employees during the course of their employment, even if it has no knowledge of
employees’ acts and has not approved them.

Bullying may include repeated occurrences of the following behaviour or actions targeted at
individuals or groups:

 constant criticism, fault-finding, or undermining

SHCS HR for Line Managers Page 8 | 20

  being excluded, marginalised, or isolated
 being treated differently from everyone else
 being threatened, shouted at, or humiliated
 being either over-burdened with work or denied work
 being set unreasonable targets and deadlines
 having authority removed but responsibility increased
 denial of annual leave, sickness, or compassionate leave
 unjustified disciplinary action
 being forced into early or ill-health retirement
 distorting or misrepresenting actions
 cyberbullying.
Unchecked bullying may prompt the victim to resign and pursue a complaint of unfair constructive
dismissal before an employment tribunal, based on the employer’s failure to deal with the matter (in
breach of the latter’s common law and contractual duty of trust and confidence). Should the bullying
have amounted to unlawful discrimination, the issue may be referred to an employment tribunal
regardless of the victim’s length of service at the material time. Furthermore, where unlawful
discrimination is alleged, the victim has no need to resign in order to seek redress from the tribunals
and courts. There is no upper limit in the amount of compensation that may be awarded in such
cases.

Harassment is generally described as unwanted conduct affecting the dignity of employees in the
workplace. It may be of a sexual nature or be connected to the victim’s gender, disability, race, age,
religion or beliefs, sexual orientation, or some other personal characteristic. However, bullying differs
from harassment and discrimination in that the focus of the unfair treatment is not usually the gender,
race, age, disability, sexual orientation, or religion of the individual. The treatment is more often
focused on the competence or alleged lack of competence of the bullied person.

Examples of harassment include:

 verbal and written harassment through jokes, offensive language, gossip and slander, letters,
etc
 verbal and written statements or innuendo that are meant to ridicule or insult someone
 physical forms of harassment e.g., physical contact ranging from touching to assault
 sexual harassment — always involves unwanted attention, which emphasises sexual status
over status as an individual, client or colleague. Sexual harassment involves behaviour that is
unwelcome and unreciprocated
 ignoring disabled colleagues during workplace discussions, or of taunting and telling jokes
about people who have a disability
 displaying or distributing material which degrades or offends, including posters, graffiti, flags,
bunting, emblems, and material of a sexist, racist, sexual, or pornographic kind. This also

SHCS HR for Line Managers Page 9 | 20

 includes bringing into the workplace badges or other insignia that are intended or are likely to
create hatred or fear based on sexuality, gender, disability, or race
 making verbal or written sexual advances or lewd, suggestive, and over familiar remarks.
As line manager, it is your responsibility to create a climate within your department whereby anyone
who feels that the behaviour of their colleagues is inappropriate, can come to you for help and advice.

Where a complaint is made, you should:

 investigate thoroughly
 if appropriate carry out a disciplinary interview with the offender(s)
 take action to stop the bullying or harassment, e.g., by moving the perpetrators to other jobs
 set standards of behaviour for the department and monitor these regularly.

The line manager and managing performance

You are judged by the success you have in meeting your business objectives, and in order to do so,
you need effective and motivated staff. Their performance also must be geared to meeting
departmental and personal objectives, and a large part of your role is to help them to do so.

Appraisal

Most organisations have some form of appraisal system, and the onus is usually on the line manager
to review his or her staff. You should see this as an opportunity to:

 review the job description with the employee and make sure it reflects accurately the work he
or she is doing
 review the past year’s highlights and problems and agree ways of dealing with the latter
 determine any training or development needs which the review of the past year has thrown up
and how these can best be met
 consider where the department and the individual are going in the next twelve months and set
some objectives.
This annual (or sometimes more frequent) meeting is your opportunity to get to know your staff a bit
better by spending some time with them when the only topic is them and their performance. Many line
managers question the importance of appraisal “because I talk to my staff every day”, but usually the
day-to-day communication is concerned with immediate problems and tasks and does not allow a
broader view of the work or performance.

It is also important to be honest in your assessment of performance. If someone’s work performance

is unsatisfactory, they will not know that they should improve unless you tell them and agree actions
to make progress. If you say that the person’s work is satisfactory or better, it is difficult to try and
dismiss the person three months later for poor work performance. Their first line of defence will be
that at appraisal time, they were told they were doing a good job.

SHCS HR for Line Managers Page 10 | 20

The Line Manager and Discipline

The purpose of a disciplinary procedure is to help employees whose standards of work or conduct do
not match those required by the organisation. If this works well, the decline in performance or conduct
should be halted and the need for further action recedes. If the initial procedure does not bring about
the necessary changes, then further disciplinary measures may be needed. If dismissal results, it is
important that the employer can show that each stage of the disciplinary procedure was carried out
meticulously, consistently, and fairly.

As a line manager, you need to know and understand the disciplinary procedure, your role in it, the
actions you can legitimately take and your responsibility for an effective outcome. The main
responsibility for discipline rests with you. The organisation is required by law to have a written
disciplinary procedure and failure to follow it will almost always make a dismissal unfair.

The process

Most disciplinary procedures consist of three stages.

 Informal discussion: before you start the formal process, you should speak informally to your
employee. Often, if the employee has not realised that his/her work performance or conduct
are giving cause for concern, this may be the only step needed.
 Formal Discussion and Warnings: at this stage, you should set out your concerns and listen to
what the employee has to say in mitigation or defence. Once you have heard what the
employee has to say, and you believe disciplinary action is the right way forward, at this stage
this will normally be a first written warning. After the meeting, a record of the discussion and
outcomes should be placed on the employee’s file and he or she should be given a copy. The
letter should make it clear that it is a written warning and that if performance or conduct do not
improve, further disciplinary action will follow.
 Final formal disciplinary meeting: if there has been no improvement, another meeting should
be held and the content and outcomes committed to paper, a copy being held of file and a
copy being given to the employee. This will normally be a final written warning. The letter
should again make it clear that this is a disciplinary warning and that if performance and/or
conduct do not improve, dismissal will take place.
If dismissal appears inevitable, you should discuss the situation with your immediate manager and the
HR department should be consulted.

The right to be accompanied

Employees have the right to be accompanied by a representative which could be fellow employee or a
trade union officer at disciplinary meetings.

The right of appeal

Employees also have the right to appeal any disciplinary decision made about them. The appeal
should go to the next level of management.

SHCS HR for Line Managers Page 11 | 20

The employee should be reminded in the written record of the meeting that he or she has the right of
appeal and the time period for making an appeal.

Gross misconduct

There may be some situations where the full procedure is not appropriate. This will normally apply
only where the employee’s behaviour can be categorised as gross misconduct.

However, even in these circumstances, you must not dismiss on the spot. The employee should be
suspended from work (on full pay) and the incident fully investigated. He or she should then be
interviewed and following the interview, a decision about dismissal made.

Effective records

Properly handled, a disciplinary procedure where the outcome is dismissal, should be easy to defend.
There are “fair” reasons for dismissal including poor work performance and misconduct. It is also fair
to dismiss an employee who is not capable of carrying out his/her work because of frequent short-
term illness or long-term sickness.

However, not only must you have a fair reason for dismissal, but you must also have acted
reasonably in the way in which the dismissal took place. For this reason, it is essential that all records
of the causes for taking disciplinary action, the records of the hearings and their outcomes and any
supporting records, e.g., sickness records, witness statements, are carefully filed and retained.

Carrying out disciplinary hearings

No disciplinary procedure can be seen as fair if the employer has acted “unreasonably”. One of the
fundamental parts of a disciplinary procedure which will demonstrate “reasonableness” is the
interview.

As preparation for the meeting, you should:

 agree a time and date with the employee, reminding him or her of his or her right to be
accompanied. The notice period should be long enough for suitable representation to be
arranged and for the employee to prepare his or her case. The employee should also be
given the reason for the meeting, e.g., to discuss your continuing problems in meeting
production targets
 prepare for the interview carefully and ensure that all the facts are available
 as levels of literacy in the country are uneven, the fact that the employee can read or
understand English should be checked if evidence or warnings are given in written form. If the
employee has difficulties in reading, then arrangements should be made to explain the
significance and content of the documents. It may also help to have a third-party present at
the interview to explain any documents used during the proceedings
 investigate whether there are any special circumstances that should be considered
 consider what explanations the employee might offer

SHCS HR for Line Managers Page 12 | 20

  ensure that all relevant facts are available for the hearing (e.g., documents, timecards,
absence records) including a note of the discussion which took place at the time of the oral
warning
 establish what disciplinary action was taken against similar cases in the past
 ensure that if the employee has any special needs (e.g., language difficulties, relevant
disabilities) these are taken into consideration when arranging facilities
 if there are witnesses, e.g., to misconduct, then they should be made aware of the date and
timing of the meeting and told that they will be needed
 consider whether you want some support, e.g., from a more senior manager (in thinking about
suitable support, you should bear in mind the right of appeal and the person to whom that
appeal may be taken. It is inappropriate to involve a senior line manager in the hearing if he
or she will be the nominated person to hear the appeal).
You should not start off by implying guilt or blame but should set out the facts in a neutral way and
invite comment.

The hearing should be held in a quiet room that will be free from interruptions. The room should be as
neutral as possible, so it would be better to use a training or interview room if available, rather than
your office.

Ensuring good performance and conduct is a fundamental part of the line manager’s role. HR will
normally help in managing the process, but it cannot make up for deficiencies in your own actions.
Only formal disciplinary meetings count towards a “fair” dismissal, so telling HR that you have had lots
of informal chats and the employee should understand that his/her work performance is not good
enough, will not count. This is not HR being difficult, it is a legal requirement.

Grievances

Your organisation probably has a policy which tells employees how to raise a grievance about their
employment and to whom they should first take it. Usually this will be you, the immediate line
manager. There are three steps to managing a grievance:

 an informal meeting at which you discuss the nature of the grievance and see if you can
reach agreement with the employee
 if this stage does not work, the employee should put the grievance into writing, and you
should hold a formal meeting with them
 if this does not resolve the problem, the employee has the right to appeal.
The employee has the right to be accompanied at each stage.

As a line manager, it is important that you take grievances seriously. The sooner they can be
resolved, the more effective the employee will be. If several employees raise the same grievance, this
may be indicative of a more serious problem in your department, and it might be wise to ask HR for
help.

SHCS HR for Line Managers Page 13 | 20

The Line Manager and Managing absence

Sick Leave

There are two essential elements to managing sickness absence:

 accurate record keeping

 return to work interviews.
Without the former, you have no evidence of the incidents of sickness absence and the latter have
been found to be the most effective way of reducing high levels of absence. You should carry out an
interview with every member of staff who has been absent, for more than two days without relevant
proof of absence. If a member of staff with an impeccable attendance record has two days off with a
cold, the interview may simply establish that he or she is fit to return to work. If it is someone returning
from their third consecutive Friday/Monday absence, you may wish to spend rather more time with
them.

When a member of your department is absent through ill health, you need a robust procedure for:

 notification of absence
 keeping in touch during absence
 obtaining medical evidence
 reviewing the records
 agreed trigger points
 taking appropriate action.
You should work with the HR department which may do some of the work for you, e.g., obtaining and
storing medical certificates.

If a member of staff is taking a lot of time off for different problems, e.g., tummy upset, migraine, bad
cold, etc you need to take some action. The first step is an informal discussion with the employee in
which you try and establish the cause of frequent absences — there may sometimes be an underlying
problem. Simply making the employee aware that you have noticed his/her absence may be enough
to stop the problem, but if these absences persist, you will need to move to the disciplinary procedure.
Doing nothing is not an option. High levels of absence put pressure on colleagues (who will become
resentful if you take no action) and may result in poor standards of service towards internal and
external customers.

The interviews with your member of staff should follow the process set out under the “Discipline”
section earlier. The emphasis should be on trying to understand the reasons for frequent absences
and finding a solution. You cannot tell a person that they should not be sick. You can, however, point
out that their levels of sickness absence are too high and cannot be tolerated and that if they cannot
manage to attend regularly, the ultimate sanction is dismissal for lack of capability.

In the case of frequent and persistent short-term absence, employers should:

SHCS HR for Line Managers Page 14 | 20

  investigate promptly and ask the employee to give an explanation
 where there is no medical advice to support frequent self-certified absences, the employee
should be asked to consult a doctor to establish whether medical treatment is necessary and
whether the underlying reason for absence is work-related
 if, after investigation, it appears that there were no good reasons for the absences, the matter
should be dealt with under the disciplinary procedure
 where absences arise from temporary domestic problems, the employer, in deciding
appropriate action, should consider whether an improvement in attendance is likely
 in all cases, the employee should be told what improvement in attendance is expected and
warned of the consequences if this does not happen
 if there is no improvement, the employee's length of service, performance, the likelihood of a
change in attendance, the availability of suitable alternative work and the effect of past and
future absences on the business should all be considered in deciding appropriate action.

Long-term sickness

If an employee is off on long term sickness, you need to ensure that medical certificates are
forthcoming and that you keep in touch with the employee.

Where the employee is absent for a long period because of ill health, the following is recommended:

 the employee should be contacted periodically and in turn should maintain regular contact
with the employer
 the employee should be kept fully informed if employment is at risk
 before applying to an employee's doctor for a medical report, the employer must gain the
consent of the employee in writing. The employer should also inform the individual that he or
she has:

o the right to withhold consent to the application

o the right to state that he or she wishes to have access to the report
o rights concerning access to the report before or after it is supplied
o the right to withhold consent to the report being given to the employer, and
o the right to request amendments to the report.
 where the employee states that he or she would like access to the report, the GP must be told
this when the application is made
 on the basis of the GP's report, the employer should consider whether alternative work is
available
 the employer is not expected to create a special job, or the employee concerned, nor to be a
medical expert, but to take action on the basis of the medical evidence

SHCS HR for Line Managers Page 15 | 20

  where there is reasonable doubt about the nature of the illness or injury, the employee should
be asked if he or she would agree to be examined by a doctor to be appointed by the
company
 where an employee refuses to co-operate in providing medical evidence or to undergo an
independent medical examination, the employee should be told in writing that a decision will
be taken based on the information available and that it could result in dismissal
 where the employee is allergic to a product used in the workplace, the employer should
consider remedial action or a transfer to alternative work
 where the employee's job can no longer be kept open and no suitable alternative work is
available, the employee should be informed of the likelihood of dismissal
 where dismissal action is taken, the employee should be given the period of notice to which
he or she is entitled and informed of any right of appeal.
The emphasis nowadays is on rehabilitation wherever possible, so, as a line manager, you should be
prepared to make modifications to jobs and hours to enable a member of staff return to work.

The line manager and family-friendly leave

Employees have a number of statutory rights under this heading, and you need to accept that these
are rights laid down by law and are not negotiable. You need to recognise the rights of the employee
and work with him or her to ensure a happy outcome for the person and the department. If your staff
find you approachable and reasonable, they are much more likely to be prepared to come and discuss
their situation with you in the first place.

The main rights are:

 maternity leave and pay

 paternity leave and pay
 leave and pay for adoptive parents
 parental leave
 the right to ask for flexible working.
As a line manager, you need to know your organisation’s policies and procedures under each of these
headings, though in many cases you should be able to rely on the HR department to sort out the
detail.

Maternity

 maternity leave: all women, irrespective of service, have the right to four months off work if
they so choose. You need to establish before they go off on leave how long they expect to
take so that you can make suitable arrangements to cover their leave
 returning from maternity leave: women who only take “ordinary maternity leave” have the right
to return to their old job.

SHCS HR for Line Managers Page 16 | 20

  returning to part-time work: there is no automatic right for a woman who was working full time
before she went off to have her baby to return to part-time work.
 redundancies: if her position is affected by redundancies, you must remember to consult her
along with the rest of the team. You may not choose her for redundancy because she is on
maternity leave. If her post is redundant, she has the right to be offered any other suitable
post which is available even if she is not the best candidate
 especially where a woman has exercised her right to a full maternity leave, make sure there is
a proper induction programme for her on her return to work. Much may have changed during
the time she has been away, and she may need retraining in some aspects of her work
 discrimination: treating her to any detriment, including dismissal, because she is pregnant or
taking maternity leave is unlawful.
The woman’s contract continues throughout her period of maternity leave, and she can keep all her
benefits during that period.

Paternity leave and pay

Fathers with six months’ service are entitled to:

 ten days leave and pay within three months of the baby’s birth or adoption

Adoption leave and pay

This broadly matches the rights of birth parents.

Family responsibility leave

An employee who has worked for longer than four months in the company and who is employed on
more than four days per week with the employer, qualifies for family responsibility leave.
The provisions cover instances where:
 
 the employee's child is born
 the employee's child or adopted child is sick
 the death of the employee’s spouse or life partner; the death of the employee's parent,
adopted parent, grandchild, grandparent, or brother or sister.
 
Note that the employee only qualifies for family responsibility leave in cases of illness only if it is the
employee's child or adopted child that is sick. Similarly, the occasion of the death of a person only
qualifies for family responsibility leave if the death is one of the persons named above. The death of

SHCS HR for Line Managers Page 17 | 20

any other relatively is not covered by family responsibility leave. Those occasions must be treated as
annual leave.
 

The line manager and health and safety

All employers have responsibility in law for the health, safety, and welfare of their employees and to
ensure that the public is not exposed to unnecessary risk because of the organisation's activities. The
main piece of legislation is OHSA. The main purposes of the Act are to:

 secure the health, safety, and welfare of people at work

 protect others from risks arising from the activities of people at work
 control the use and storage of dangerous substances at work
 control the emission into the atmosphere of noxious or offensive substances.
Under common law, the employer has a responsibility to provide:

 safe place of work

 safe system of work
 safe equipment and tools
 competent fellow workers
 competent and adequate supervision.
They also have a responsibility to:

 publish a safety policy

 provide adequate instruction and training
 establish a safety committee if union* appointed safety representatives ask for one.
* The union must be independent and recognised by the employer for the purposes of collective
bargaining.

Employers are also charged with duties in relation to premises, required to protect visitors, tenants,
etc.

As a line manager, your role is to ensure that your staff are protected from potential hazards and that
they practice safe methods of working.

All employers have a duty of care for their employees, and this covers their physical and mental
wellbeing. The physical risks are more easily dealt with. If you work in a business or department
where there are potentially significant health and safety risks, your organisation will almost certainly
have a dedicated health and safety officer who will help you establish standards of safe working
habits. As the line manager in such a department, you should ensure that:

 all your staff are properly trained to operate any equipment they will be working with. This is
not just common sense; it is also a legal requirement
 staff do not take short cuts, e.g., remove guards designed to prevent injury

SHCS HR for Line Managers Page 18 | 20

  staff are provided with and use any safety clothing or equipment appropriate to their jobs. You
should set an example in this and ensure that any visitors to the department comply
 the workplace is kept clean and free from obstructions
 hazards are identified and clearly indicated to workers and visitors alike
 emergency procedures for evacuation are well signed and understood
 where a majority of the workforce do not have English as their first language, there are
alternative means of ensuring that they understand any hazards and correct operating
procedures.
If you work in an office, the hazards are not usually so serious but as a line manager, you still have a
responsibility to make sure that staff are aware of any problems and are equipped to do their jobs
safely.

The main things to be aware of are:

 safe use of computers and similar equipment. Workstations should be monitored to make
sure staff are sitting properly and not putting their backs at risk. They should be able to take a
break every hour from computer work; and should be offered regular eye tests to make sure
their eyesight is not suffering
 training on the use of equipment such as photocopiers.
 the need to carry out a risk assessment for every job, with particular attention to any specific
problems if the post is held by a pregnant woman
 electrical equipment, e.g., lamps, fans, computers, should be tested regularly by a competent
person. For most office equipment, once every two years should be sufficient
 the office should be kept clear of obstructions with desk drawers shut and no trailing wires
 fire doors should be kept clear and unobstructed
 measures to be taken if staff work alone in the office or go out on visits. You need to make
sure there is some system of checking on safety
 sensible precautions for unusual activities (e.g., You should not allow staff to climb on swivel
chairs put on top of desks to retrieve files)
 the availability of first aid. Staff should know where the first aid box is, and someone should
be made responsible for ensuring that it is always properly stocked. You are not allowed to
keep painkillers such as aspirin or paracetamol and provide these to staff. You also need one
nominated person in the office who will be responsible for calling ambulances or the fire
brigade if the circumstances warrant it
 limitations on working hours. The Basic Conditions of Employment Act states, employees may
not work more than 45 hours per week. Hours for night work and shift work are also limited by
law and you need to understand what the constraints are.
Mental health at work is less easy to identify, but as a line manager, you should take care not to put
your staff under additional strain by asking them to work too much overtime or loading more and more
tasks on them. If someone changes job or takes on new responsibilities, you should also make sure
they receive adequate training.

SHCS HR for Line Managers Page 19 | 20

Failure to ensure the mental health of your staff can result in significant periods of time off because of
work related stress and this becomes much more difficult to manage. If an employee complains that
they are feeling stressed and unable to work effectively, you need to listen to their concerns and try
and find some solutions. Failure to recognise and respond to the symptoms of work-related stress can
be costly.

Offences under health and safety legislation are criminal offences and carry with them significant fines
and/or imprisonment.

SHCS HR for Line Managers Page 20 | 20