Hr?

Fatpants

Hi, just a quick question as cant find the answer on the internet....

To have someone employed in HR who owns 20% of the company - is this a conflict of interest?
The reason I ask, my friend has issues with the way she is being treated at work and spoke to HR for help - they said they couldnt help her - she later found out the HR Manager owns 20% of the company!?

Any advice greatly recieved!

cazziebo

Absolutely no conflict at all. In small companies the owner usually looks after most functions - HR, marketing, banking, customers etc.

What were the issues and what was the reason given that they couldn't help?

Fatpants

bascially she had some time off work for an operation - 5wks in all, recieved no sick pay despite working for them for 6 years with an excellent attendance record. She called them on weds to say she had seen her doctor and was fit to return and would be in on Monday. She got a call Friday saying not to bother returning until the following weds as they had no company vehicle for her to use. She phoned HR and asked if she would be paid for the two days and they said no. Gave no reason. she has checked contract and nothing in there. just wants to know where she stands legally. I know its only two days pay but after living on SSP for 6 wks its a lot of money to her.

zzzLazyDaisy

As far as being off sick is concerned, it doesn't matter how long she has worked for them, she is only entitled to SSP, unless her employer has a contractual sick pay scheme (which doesn't appear to be the case here).

However, if she is willing and able to work, but it suits the employer for her to stay at home for another couple of days, then she is entitled to be paid for that time.

http://www.adviceguide.org.uk/index/life/employment/rights_to_pay.htm

She should write to the employer (and keep a copy) stating that her GP has confirmed that she will be fit to return to work on [date A], and say that whilst she understands that it suits the company for her to return on [date B] instead, since she is willing and able to attend work she will expect her full salary to resume with effect from [Date A], and invite them to find her some alternative work to do for the first two days.

She should keep a copy. If they still refuse to pay her,that would be an unlawful deduction from wages and she should first raise a grievance with the employer. If that doesnt resolve the problem she can make a complaint to the employment tribunal.

A note of caution, though - the employer may not take kindly to being challenged, and whilst the law is on your friend's side, in practice things could get very uncomfortable at work for her, especially if this is a small company.

LittleVoice

Fatpants wrote: »

To have someone employed in HR who owns 20% of the company - is this a conflict of interest?

There is no conflict of interest. Really the HR department/person is there as the employer not to promote the interests of employees. (Though a happy workforce is a productive workforce! A productive workforce benefits the company and its shareholders.)

The contrary position - where the HR person was a union official - might lead to a conflict of interest.