Words About Things

Health and Safety training can often be a testing course to teach, here are some tips to make it easier

Health and Safety courses are often taken with a pinch of salt by those that attend them. Such courses are seen as soft courses that have little determination on how a job is done and are passed merely through attendance.

This is not necessarily the case in anyway. Such courses are there to inform, keep people safe and even save lives and so should be respected. Training courses are more important than most productivity based work courses, though people seldom take them as seriously. So, how can attention be gathered by the trainer and teaching made more effective.

Interactive

In many cases the training course is done in a non-interactive fashion, where people merely attend and engage seldom in the course. Trainers who engage the people taking the health and safety courses will have better results, with people who are taking the courses taking more interest in what is going on. Interactivity can be anything from games, to questions, to demonstrations to performing parts of the course and group discussions. Good trainers realise this and include it in their courses.

Multimedia

In this day and age of computing and cheap consumer electronics, it is quite easy for a the trainer to include a certain amount of multimedia technology in the course. This can be anything from the use of computer software to projected video, to use of phones and apps. Multimedia allows users to engage in the task at hand, encourages interest and so is a great aid.

Attitude

To foster an attitude of learning, trainers should have a enthusiastic attitude themselves. If the person taking the course does not show an eagerness towards it, it is highly unlikely anyone who is attending the course will do so either. The more interested and passionate the trainer about the course the better.

Be aware of learners

Many people learn in a number of different manners. Some people learn through rote, others through visual means and others through tactile experiences. In fact there are numerous ways in which people learn. By covering how people take things in and then engaging with these people in this manner then you shall  ensure people take more of the information in and receive more impacted results.

Up to date

Make sure you have all the most up to date information about the topic in which you are engaging people. This ensures firstly they are taught to the apt degree and also that they won’t see you as unknowing and have respect for what you are doing. If you don’t know something say so, find out and let them know, however, never try to blag as this is a sure fire way to being caught out and losing respect.

The job of a trainer is one that involves responsibility. Follow the above and you should have few if any issues.

An employer is legally forbidden from discriminating against an employee. This article explains when you may be entitled to make a claim, how to go about claiming, how any tribunal hearing will operate and how any compensation payment will be calculated.

Discrimination criteria

An employer is legally forbidden from discriminating against an employee on the grounds of:

• Gender
• Race
• Disability
• Sexuality
• Religion
• Age
• Part-time status
• Contract status

How discrimination may occur

Discrimination may be concerned with:

• Recruitment
• Salary
• Promotion
• Redundancy processes
• Access to pension schemes and other benefits
• Conduct of disciplinary proceedings

Types of discrimination

Direct discrimination involves less favourable treatment than others on the grounds of gender, race, disability, sexuality, religion, age or part-time or contract status.

Indirect discrimination involves a business practice or condition of employment which is disadvantageous to a particular group of employees. For example, a requirement to work shifts and/or anti-social hours could be discriminatory to female employees with childcare requirements. However, restrictive practices of this type can be justified by the employer on the grounds that there is a genuine business need for the organisation to work in this way.

Disability discrimination can also involve an employee being significantly disadvantaged in the workplace as a result of their disability, and the employer failing to make reasonable adjustments for the disability. For example, the need to climb stairs to reach their workplace could be discriminatory to the disabled.

Victimisation is where an employee is discriminated against because they have made an allegation of discrimination.

Making a claim

Apart from in exceptional circumstances, discrimination claims should be submitted within three months of the last occasion on which discrimination is alleged to have occurred. You are not legally required to have submitted a grievance to your employer previously, but if you have not given your employer a chance to carry out its own investigation, your chances of a successful claim may be adversely affected. Consulting with solicitors involved with employment law services is advisable, as they will be able to tell you right away if they think that you are wasting your time.

Claims tribunals

Discrimination cases and other employment matters are considered at employment tribunals. Many people pursuing claims against employers seek the assistance of a solicitor specialising in employment law.

The claimant completes a Claim Form, to which the employer has 28 days to submit its response. If it fails to do so, a default judgement is made in favour of the claimant.

The claimant’s first task is to set out the facts from which it may be inferred that discrimination has taken place. It is then the responsibility of the employer to explain the reasons for the difference in treatment. One defence that may be open to an employer is that the matter is covered by an occupational requirement, for example cleaners of toilets may need to be of the same sex as the people who use that toilet.

Employment tribunals are usually heard by a panel of three, comprising a chairman and two lay members. Similar to a criminal trial, each side can call witnesses who can be subject to questioning by their own side and cross-examination by the representatives of the other party. Each side also makes closing speeches before the panel makes its judgement, with a majority decision from the three members permitted if they cannot reach unanimity.

If fairness issues are raised regarding the hearing or new evidence materialises, the tribunal can review its decision.  An application for a review must be lodged within 14 days of the judgement.

Appeals against tribunal decisions can be made within 42 days, but will only be considered if an error in application of the law was made at the hearing. Again, qualified legal advice is recommended.

Compensation for discrimination

The major part of a compensation payment for discrimination is likely to be a payment for lost earnings as a result of the discrimination. Earnings from any new position will be deducted from the award, so if the employee finds new work at the same or a higher salary, the losses will cease at that point. A monetary award may also be made for injury to the employee’s feelings. There is no upper limit for compensation payments in cases of discrimination.

If you have any kind of managerial responsibility in your job you may from time to time run into the problem of having a staff member who is not pulling their weight.  This can be a tricky situation to navigate, with lots of conflicting factors coming into play.

Obviously the ideal thing to do with a worker who is not doing well for any reason is to try to get them to be more productive. Sometimes a few words of guidance and encouragement can be all it takes to get a wayward employee back on track. Not everyone is the same though, and there are many individuals who either do not take criticism on board, or who have other attitude problems.

Having set formal procedures in place for dealing with issues in the work place can help for a number of reasons. For a start it makes the whole business less personal, and this can make it easier for all those concerned to deal with the underlying problems.

If there is a proper framework with which to set targets for performance and do appraisals then it can be easier to deal with problems. If there is an issue of consistent under performance, then having a record of the issue being raised, targets being set and then not met can ease the dismissal process.

It may be that the problem is not performance as such, but absence. There are many causes of absence, but ultimately it amounts to the same thing – person is not there doing their job. Understanding the causes of absence means that it can be possible to reduce it. This is an area where discrimination law can come into play, so it is important to make sure that you are aware of where you stand.

Problems with workers can sometimes be averted by providing more training to them. Whether it is a skill they lack, or a change in attitudes, training courses can sometimes be very effective in moving an employee from being a problem to being an asset.

When it comes down to it there may be no other acceptable option than to get rid of an employee. This is not always as straightforward as it could be. This varies by country and jurisdiction. In some places it is legal to dismiss an employee for any reason whatsoever with no notice. In other countries it is much harder. In Britain dismissal must meet certain criteria of fairness to be lawful, if you have gone through all of the above to no avail you should have no shortage of legitimate grounds.

Dealing with HR issues can be complicated for a number of reasons. Employment law training can help ensure that legal pitfalls is not one of them.

Elena Price is a prolific digital blogger whose writing comes in all shapes and sizes. One day her book will be ready.