Credit Management magazine April 2018

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HR MATTERS ROUNDUP Can employees refuse work if wronged? Tribunal cases of an employee refusing to work when wronged, perceived disabilities and discrimination, and changes to the Fit for Work scheme. CAN a wronged employee refuse work until the wrong has been remedied? That was the question answered in Rochford v WNS Global Services by the Court of Appeal. Mr Rochford, a sales lead with senior vice president status, had been unable to work for almost a year due to a back condition. Occupational Health (OH) recommended a phased return to work. On this basis, when Rochford returned from sick leave his employer gave him a different role with reduced duties, however his pay remained the same. A recent EAT – Chief Constable of Norfolk v Coffey – illustrates how a non-disabled employee can succeed in a claim for discrimination because of a perceived disability. The Claimant was a police officer with a hearing condition that meant that technically her hearing range was just outside the Home Office police recruitment criteria. In practical terms, the Claimant's hearing condition had not impacted upon her ability to perform her full duties and was not considered a disability. After two years’ service, she applied for a transfer to another force. Her transfer application was rejected on the basis that her existing condition could deteriorate in AUTHOR – Gareth Edwards Rochford subsequently refused to do any work and was dismissed by his employer for gross misconduct. He brought various claims in the Employment Tribunal (ET) including unfair dismissal, disability discrimination and wrongful dismissal. In the first instance, the ET found that Rochford's demotion followed by a failure to indicate when he would return to his full duties, amounted to discrimination arising from disability. The ET also found that his dismissal was procedurally unfair. However, his refusal to do work which was within the scope of his contractual duties and which Perceived disabilities and discrimination the future such that she might have to be placed on restricted duties. The Assistant Chief Inspector could not accept the risk of increasing the pool of officers on restricted duties. The Claimant brought a successful claim for direct discrimination. The Tribunal found that the decision to reject her application amounted to an act of direct discrimination based on perception. This was because their decision to reject her application was taken on the basis that her condition may develop into a disability in the future. She was therefore afforded protection under the Equality Act (EA) for disability discrimination by Fit for Work changes In an update to the way in which the Fit for Work scheme operates, the Government has announced that referrals and assessments under the scheme will close. Referrals and assessments are intended to provide occupational health and support on sickness absence for employers. However, as part of a Government paper published in November 2017, it was confirmed that there had been a low takeup of the assessment services. The guidance states that as of 15 December 2017, if an employee has been unfit for work for four weeks or more their GP or employer will be able to refer them to a Government occupational health service. There will be some transitional provisions in place before the assessment services end in England and Wales on 31 March 2018 and on 31 May in Scotland, he was fit to do, while on full pay and despite a number of warnings, had constituted gross misconduct. This would therefore limit any compensation to an award for procedural unfairness. Rochford appealed against the finding of gross misconduct to both the Employment Appeal Tribunal (EAT), and then Court of Appeal, which dismissed his appeal. In its judgment, the Court of Appeal emphasised that ‘it is not the law that an employee who is the victim of a wrong can in all circumstances simply refuse to do any further work unless and until that wrong is remedied’. perception, despite not being disabled at the time of the claim. The police force appealed unsuccessfully to the EAT. The EAT agreed that a person with the same abilities as the Claimant, whose condition the force did not consider likely to deteriorate in future, would have been treated differently. The EAT further noted that if employers could avoid a future obligation to make reasonable adjustments through dismissal before a perceived or actual condition developed into a disability in the future, then there would be an unacceptable gap in the protection that the EA 2010 offered. and it will still be possible to access the helpline, website and web chat service. It is hoped that this will allow employers, employees and GPs to access general health and work advice, as well as sickness absence support. Gareth Edwards is a partner in the employment team at Veale Wasbrough Vizards. gedwards@vwv.co.uk The Recognised Standard / www.cicm.com / April 2018 / PAGE 50
CAREER’S ADVICE Signs your interview went well It feels like the second interview went well. Here are the ten signs that it went as well as you thought. AUTHOR – Karen Young Karen Young IT’S usually a welcome relief when you finish an interview and your nerves begin to calm. That is until you start to think about how the interview went. As you’re reflecting on your performance, it may put you more at ease to consider the below signs that your interview went well to help you make a more educated guess. THE INTERVIEW LASTED LONGER THAN EXPECTED You’ll often receive a gauge of the length of the interview from your recruiter. If the conversation lasts the full amount of time or longer, take this as a good sign. Time is precious and if the hiring manager has dedicated theirs to learning more about you then they are clearly interested. THE INTERVIEW FELT CONVERSATIONAL If it felt more like you were having a conversation rather than a formal Q&A then the chances are you’ve successfully built up a good rapport with the interviewer. This demonstrates some strong interpersonal skills and by getting along with them you’ve made it easier for them to imagine you being part of their team. YOU WERE INTRODUCED TO THE TEAM Being introduced to your potential colleagues is again a pretty positive sign, and better still is if you felt like you got on well with them. If you were introduced to a director or similar then this is often because the hiring manager knows that they need their sign off on the final hiring decision and want them to see for themselves why you are the right choice. THE INTERVIEWER MENTIONED WHAT YOU WOULD BE DOING IN THE ROLE If the interview phrased their sentences like “you would be expected to…” rather than referring to the ‘the successful candidate’ then is highly likely that they’re already imagining you in this position. But don’t be complacent through an interview should you hear this! YOU’RE SOLD ON THE ORGANISATION AND ROLE Walking out feeling convinced and excited about the opportunity is a sign the interviewer spoke animatedly about all of the best aspects of the opportunity. This is a positive sign that the interviewer felt sold on your suitability and wanted the feeling to be mutual. THE INTERVIEWER WAS ENGAGED IN THE CONVERSATION Did they demonstrate open body language such as leaning in, nodding and smiling? If the answer is yes then chances are they were engaged and wanted to encourage you to keep talking as they liked what they were hearing. YOU RECEIVED FULL ANSWERS Receiving detailed, enthusiastic responses to your questions is a positive sign that the hiring manager wanted to impress you as much as you wanted to impress them. YOU WERE ASKED ‘CLOSING QUESTIONS’ This is different to ‘closed’ questions! Such ‘closing’ questions include “what is your current notice period” and asking about possible start dates and any holiday bookings. This is a very good sign that the interviewer is thinking of next steps. THE INTERVIEWER WAS CLEAR ON THE NEXT STEPS Giving you information such as what the next steps entail and when you can expect to hear back is the hiring manager’s way of giving you a strong sign that you’re in with a chance of making it to the next stage and don’t want you to lose interest. Although it is important to note that it is generally accepted as best practice too! THE INTERVIEWER GAVE POSITIVE FEEDBACK TO YOUR RECRUITER In your catch up after the interview your recruiter will often give you any feedback that has been passed on to them. If the hiring manager has taken the time to give some detailed positive comments shortly after the interview, this implies they want you to know you’re in with a good chance. It’s worth mentioning at this point that although the above are all positive signs, they shouldn’t be taken as absolute confirmation that you have made it to the next stage, and you shouldn’t stop your job search because of this. At the very least they show you have performed well and if in the end you weren’t successful, don’t lose heart, as they are an indication that you were a strong contender. Find out from your recruiter if there is anything you could have improved upon so that next time these signs all point to a job offer. Karen Young is Director at Hays. The Recognised Standard / www.cicm.com / April 2018 / PAGE 51
Page 1 and 2: CREDIT MANAGEMENT CM APRIL 2018 £1
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