Page 11 - BOSS Today Issue 5

Human resources
In pursuit of excellence

Better leaders are a potent force for energising performance

We would all agree that good the right coaching and mentoring claims waiting to happen.” problem or even understand all
leadership is crucial to any can become one. Great managers So what makes a bad the basic employment polices
successful business: but where do can make a huge difference. manager? A recent survey has and procedures. If you haven’t
those leaders come from? Some “They create a hard working, some suggestions. According provided them with the necessary
people are born leaders; and our productive and effective workforce to its respondents, 37 per cent mentoring or training, and
industry has its share of managers that punches above its weight felt that bad managers provided especially if you don’t have your
with great technical experience in its performance. They attract little direction. Other common own in-house HR department
or skills, but who have never exceptional staff, make work a criticisms of such people were that for them to turn to for day-to-
been coached or mentored as good place to be and elevate they micromanaged or “nit-picked”, day advice, it’s only a matter of
managers. the organisation to the status of put down or undermined staff, time before you risk facing an
More frequently, though, preferred employer. They help offered little or no recognition for employment claim made against
leaders are made, not born – and to increase market share, add to success or hard work and were the company.”
even those with aptitude and profits and surpluses, and reduce indecisive, seemingly changing
ability can benefit from help. As costs. Their staff are engaged, direction at whim. n FOR ALL HR MATTERS
Head of HR Chris Swerling says, committed and go the extra mile. Chris Swerling concludes, INCLUDING HR TRAINING/
“There are many factors that “There’s a fine line, though. “Don’t just assume your managers MENTORING REQUIREMENTS,
contribute to good leadership and, Managers either have the right know how to manage their CONTACT CHRIS SWERLING ON
whether someone is naturally a behaviour or they do not. The costs people, know the right way 07720 509 052 or EMAIL
good leader or not, anyone with of getting it wrong are definitely to deal with an employee chris.swerling@bpif.org.uk

Legal
The paper time-bomb

Employment policies are best left off employee contracts

We are often asked to advise estimated damages are in the region investigation had concluded that will have detailed and complicated
on whether employment policies of £4 million. The Court of Appeal has though inappropriate, Dr Mezey’s contractual disciplinary policies, the
such as Disciplinary or Grievance confirmed that he is entitled to make conduct had not amounted to abuse of which can have devastating
Procedures should be part of the such a claim for breach of contract. serious professional incompetence. professional consequences for their
employee’s employment contract. The actual merits of the case are yet The Court of Appeal held that the employees. However the point is
Two recent cases underline the risks to be decided, but if it is found that purpose of the capability procedure worth making to all employers:
of this approach. the Trust’s breach of the contractual was to improve future performance making your policies part of your
In Edwards v Chesterfield Royal disciplinary policy irreparably and was only relevant if it could contractual documentation can leave
Hospital, a surgeon is in the process of damaged the surgeon’s reputation, be shown that Dr Mezey lacked you open to claims for damages that
taking his employer, the NHS Trust, to he could be in line for a big payout. knowledge or ability, or had rendered would otherwise be precluded. On
the High Court for breach of contract. In Mezey v SW London NHS Trust, consistently poor performance. The balance, it is usually better to state
His claim is based on the Trust’s failure a psychiatrist managed to obtain investigative findings precluded any clearly that any policy or procedure is
to follow its contractual disciplinary an injunction against her employer, such judgment being made against not part of the employee’s contract.
procedure when dismissing him. It is preventing the Trust from initiating her; therefore, convening any such
therefore a breach of contract claim, a disciplinary procedure against her. proceedings would have been a n IF YOU HAVE ANY LEGAL
and damages are unlimited. Since She had allowed a patient unescorted breach of contract. QUERIES EMAIL ANNE COPLEY,
the surgeon claims he will never be leave, leading to his absconding It is notable that both these HEAD OF LEGAL, AT
able to work in the NHS again, his and committing murder. An internal cases involve NHS Trusts, which anne.copley@bpif.org.uk

October 2010 | BOSS TODAY 11

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