The Legal Side Of Management - What You Should Know

Management comes with responsibility for maintaining relationships

, leading and motivating a team, and setting a good example. When people think of management they forget that some of these responsibilities are legal. If you're a manager and you find - to your horror - taken to court, how would you feel? It doesn't happen often, but when it does - you should know what legal responsibilities you have as a manager, both to protect you and your staff.

Wages and pay

When you want a pay rise, who do you go to - usually your line manager in the first instance. Be prepared then, when you are the one being asked to increase someone's pay, or discipline an underperforming employee. You have a legal obligation to pay a certain amount above the minimum wage, of course, but many disputes arise from other areas. Are you paying your staff fairly? Do the women get paid as much as men for the same role? If you are making someone redundant, do you know where you stand? Arm yourself with as much information as possible in order to make the correct legal decision, and nothing can come back to haunt you later on.

Leave, absence and sickness

Statutory sick pay is all well and good, but what if you catch an employee calling in sick when really, they are staying home to watch the football? What would you do? Your HR department will help you, but you should also check that legally, you can prove that the employee was otherwise healthy. Look at company policy on absence and doctor's notes and learn it well. If someone is asking for leave, it's your responsibility to grant it and also to check how this will affect the rest of the team. If you allow two key members time off in the same week, will your project suffer as a result? It's such considerations that are unique to management and need to be observed well.

Data Protection and Sensitivity

Although the law can protect us, it can leave us vulnerable when we accidentally break it. Imagine if an employee is rushed into hospital and her colleagues want to send her flowers - do you break the data protection act by giving out her home delivery address? It sounds ridiculous but some of these events have a legal thin line. Has an employee confessed to having an alcohol problem and needs time off for rehabilitation? Be tactful when informing others, if at all - they need you to protect them and their confidentiality.

Harassment, bullying and discrimination

There are yet more legal considerations when dealing with the needs of staff - a disabled employee may need additional services and adjustments required by law, and you can't not employ someone because they do need them. Bullying in the workplace is another issue that can get the law involved, and even worse - everyone's nightmare - claiming either sex discrimination or sexual harassment. Be mindful, as a manager, what your actions can be perceived as, and monitor your colleagues - not so that they feel it's turned into Big Brother, but just so they know that your management style is one of fairness and help if they need it.

by: Rich Talbot

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