Dear HR

Got a burning HR question?

Something been niggling you that needs a quick, clear answer?
We’ve got you covered. Check out our bite-sized HR Q&A’s below—simple, straight answers to the questions you’ve been meaning to ask.

One of my staff members is refusing to attend a disciplinary meeting. What do I do?

The duty to act in good faith goes both ways—employees are expected to communicate openly and honestly, just like employers. If someone refuses to attend a disciplinary meeting, your responsibility is to make sure they’ve had a fair chance to respond. That means offering them the opportunity to attend a meeting or, if they prefer, to provide their response in writing. If they still choose not to engage, you’re within your rights to make a decision based on the information available. We recommend putting this in writing—let them know the process will continue and give them a final chance to participate. If they don’t, you can move forward and reach an outcome with confidence that you’ve acted fairly and reasonably.

Do I have to advertise my vacant role? Can I just offer it to one of my team?

Not necessarily—but it’s always a good idea to start by checking whether your company has any recruitment policies in place that guide how roles should be filled. If there’s no set process, then yes—you can absolutely choose who you appoint and how you go about it. That said, it’s worth taking a moment to consider whether others on your team might be interested in the opportunity. Even if you’re leaning toward someone specific, having a fair and open process helps build trust and shows your team that everyone has a shot. It’s not just about ticking legal boxes—it’s about fostering a positive, transparent culture where people feel valued and included.

One of my staff has said they won't work on a public holiday. Do I still have to pay them?

If your Employment Agreement includes a clause stating that you can require them to work on public holidays—and it’s a normal workday for them—then wanting the day off would be treated like any other leave request. They should apply for annual leave, and you have the right to approve or decline it based on business needs. If approved, they’d be paid their usual annual leave entitlement. If it’s not a regular workday for them, or if there’s no clause about working public holidays, then the rules might differ—so it’s always worth double-checking the agreement and any relevant legislation.

One of my staff members has applied for a promotion but she's pregnant. It will be difficult for me to cover the role while she's away, do I have to give her the job?

You don’t have to give her the promotion—but be very careful. Your decision must be based purely on merit, not her pregnancy. Discrimination laws, particularly under the Human Rights Act, carry significant penalties—often more serious than breaches of employment law. The key is to focus on the candidate’s skills, experience, and suitability for the role. If she’s the best person for the job, pregnancy shouldn’t come into it. Planning for parental leave may be a short-term challenge, but making a fair, lawful decision is essential—for both your team culture and your legal protection.

One of my staff keeps saying she's being bullied but won't make a formal complaint. What do I do?

This situation can be tricky to handle. On one hand, natural justice means that if someone is accused, they have the right to know the details of the complaint and who made it, so they can respond fairly. On the other hand, it’s completely normal for employees to feel worried about possible backlash or how making a complaint might affect them. You’ll need to consider whether you have enough information to investigate without the employee’s formal complaint or identity. If that’s not possible, you might suggest informal mediation or run a team session to refresh everyone on expected behaviors and respect at work. The key is to balance fairness with creating a safe environment—showing you take concerns seriously, even if they’re not formally documented.

I have a staff member who is sick a lot but always has medical certificates. It's impacting the business. Can I do anything?

This can definitely be tricky and frustrating!  Depending on the circumstances you can take action on this and it’s important to act as soon as it becomes an issue. The first step would be to meet with the employee, explain the impact on the business and let them know you need to see an improvement. If it doesn’t improve, depending on the situation, a disciplinary or medical incapacity process may be appropriate. We suggest at this stage you review your terms of employment and policies and get advice. This will ensure you take the right steps and are legally compliant.

I've received feedback from a team member regarding the attitude of another colleague during meetings that I haven't been present for. The team member who raised this is keen to keep their identity private from the colleague in question. I'm looking for guidance on how best to address this situation while respecting the confidentiality requested. What steps do you recommend I take?

Raising concerns based on secondhand information can be tricky and often unhelpful. Conversations that start with “I’ve heard” tend to get lost in where the information came from rather than focusing on the real issue. A good first step is for you to attend some of these meetings yourself and observe the behavior firsthand. That way, you can address any concerns with specific examples. Alternatively, you could take this opportunity to reset meeting expectations with the whole team—highlighting behaviors to avoid and promoting a positive culture. This approach encourages team members to hold each other accountable and can help shift attitudes before small issues grow into bigger problems.

I have hired a new manager and I'm really happy with his progress. However, some team members are finding his higher performance expectations and increased accountability in reviews challenging compared to the previous manager. What is the best way to manage this situation to avoid negatively impacting team culture or performance?

Change in management is always a challenge for any team since every manager brings their own style. We recommend working closely with the new manager to approach this as a change management opportunity. We suggest working with the new manager to approach this with a change management perspective. If you can identify whats different, communicate the reasons for this and build team commitment to the new performance expectations, the manager will be far more successful.

Still have questions?

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