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HR / Employment Law News

Disciplinary Investigation

How to conduct a reasonable disciplinary investigation

A reasonable disciplinary investigation is a cornerstone of a fair disciplinary procedure. Without it, any related dismissal is likely to be deemed unfair by an Employment Tribunal. Tribunals consider the principles derived from the case of British Home Stores Limited v Burchell [1978] IRLR 379, when considering the fairness of any dismissal. To establish fairness in a conduct dismissal case, an employer must be able to demonstrate that at the time of dismissal:   It believed the employee to be

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9th February 2018

Are young people entering the world of work being hung out to dry?

Recently, we advised a client on a potential workplace bullying issue involving a handful of apprentices. Whilst we’re not ones to downplay how seriously such allegations should normally be taken, we were also keen to point out that those concerned were fresh out of full-time education and probably lacking in experience when it came to knowledge of what’s acceptable and what’s not in the workplace. Although pranks played on a fellow student could have resulted in a complaint of bullying

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17th January 2018
disability discrimination

EAT upholds finding of disability discrimination against non-disabled claimant

In a case that illustrates just how far discrimination legislation has come, the EAT has determined that a police officer was subjected to unlawful discrimination under the Equality Act 2010 on account of a disability she was perceived to have as opposed to a disability she actually did have.   The facts: Lisa Coffey, a serving officer, brought a tribunal claim against Norfolk Constabulary after being refused a transfer on the basis that her hearing loss meant she would not

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12th January 2018
staff absenteeism

“National Sickie Day” fast approaching

The winter period can be one of the most challenging periods for staff absenteeism, with employees adversely affected by a combination of winter bugs, flu, hangovers and the post-holiday blues. According to statistics, this period peaks on “National Sickie Day”, the first Monday of February, which is apparently the worst day of the year for calling in sick. With this date now on the horizon, it seems like a good time to consider some interesting sickness-related employment law cases and

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9th January 2018

Religion / Belief Discrimination Myth Busters – Discrimination against members of the same religion

Acas recently published new guidance on religion and belief to help employers prevent discrimination on these grounds in the workplace. To assist employers further, we’ve produced another series of “myth busters” to help separate fact from fiction in this area, all of which will be published on our website over the coming weeks. Of course, if you’re an employer and would like to discuss any of the issues touched on in these posts, please contact one of our HR consultants in confidence

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8th January 2018

Religion / Belief Discrimination Myth Busters – Refusing to do the job

Acas recently published new guidance on religion and belief to help employers prevent discrimination on these grounds in the workplace. To assist employers further, we’ve produced another series of “myth busters”to help separate fact from fiction in this area, all of which will be published on our website over the coming weeks. Of course, if you’re an employer and would like to discuss any of the issues touched on in these posts, please contact one of our HR consultants in confidence

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8th January 2018
sexual harassment suspension

Sexual Harassment Myth Busters – Suspension

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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29th November 2017
reporting comments directed at others

Sexual Harassment Myth Busters – Comments Directed at Others

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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28th November 2017
sexual harassment- different peceptions

Sexual Harassment Myth Busters – Different Perceptions

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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27th November 2017
type of harasser

Sexual Harassment Myth Busters – Types of Harasser

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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24th November 2017
sexual harassment recommendations

Sexual Harassment Myth Busters – Isolated Instances

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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22nd November 2017
sexual harassment failure to complain

Sexual Harassment Myth Busters – Failure to Complain

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers can’t continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. To assist employers in identifying the behaviours that could give rise to valid discrimination complaints, we’ve produced a series of “myth busters” to help separate fact from fiction, all of which

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21st November 2017
bullying and harassment

How should employers deal with claims of harassment in the workplace?

Claims of harassment, be they current or historical, are everywhere at the moment. Regardless of your view on the legitimacy of some of these, what is undeniable is that employers cannot continue to make allowances for the types of conduct that are being reported without risking significant legal exposure. Whether it’s a male director being too touchy-feely with his female reports or a female manager making risqué comments to male trainees, you could be dealing with valid discrimination complaints if

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14th November 2017
sleep shift worker

HMRC – not ‘sleeping’ on the job

Social Care employers are set for difficult times ahead as the HMRC set out the plans for the Social Care Compliance Scheme (SCCS) to address breaches of the National Minimum Wage requirements when it comes to the remuneration levels of ‘sleep-in’ shifts. Typically, care sector workers have been paid a lump sum allowance when scheduled to undertake a ‘sleep-in’ shift that generally fell below the national minimum wage levels. Historically, as the individual was not performing their duties at the

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3rd November 2017
employment tribunal and EAT stats

Latest employment tribunal and EAT stats published

The latest employment tribunal and EAT statistics have been published by the Ministry of Justice. They detail the type and volume of cases received, disposed of and outstanding for the period April 2016 to March 2017. This information is useful in assessing employment litigation trends and the impact of fees (introduced in July 2013, but outlawed in July 2017) and Acas early conciliation (introduced in May 2014). The stats show that 88,476 employment tribunal claims were accepted in this period.

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28th September 2017

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