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When disciplinary processes go wrong, Part 4 – Allegations, evidence and forewarning

The fourth in a series of blogs looking at elements of the disciplinary process. Here’s what to expect at a disciplinary hearing. There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why in the hope that we don’t have

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5th March 2018
choice of chair

When disciplinary processes go wrong, Part 3 – Choice of Chair

Part three of our blog series on managing the disciplinary process. What can happen when you appoint the wrong person as Chair of an investigation, disciplinary and/or appeal? There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why in

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1st March 2018
historical warnings

When disciplinary processes go wrong, Part 2 – Historical Warnings

Part two of our blog series containing advice for employers dealing with disciplinary proceedings. Should you take historical disciplinary warnings into account when deciding to dismiss? There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main reasons why in the hope

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27th February 2018
weather

Snow day and the employment implications of adverse weather conditions

There are a number of circumstances where employees may be prevented from attending work through no fault of their own. This time of year it’s usually due to poor weather conditions or transport problems. What’s important in an employment context is to ensure that all parties know their own responsibilities, whether through a policy, internal briefing note, departmental meetings, notice boards or a newsletter. Key line management responsibilities include… ensuring that adequate and appropriate communications and reporting mechanisms are in

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27th February 2018
undue influence

When disciplinary processes go wrong, Part 1 – Undue Influence

The first instalment in our blog series looking at how to deal with disciplinary proceedings. Does the HR team exert too much influence on the eventual outcome of a disciplinary process? There’s nothing we hate more than being the bearers of bad news, especially when it comes to telling employers who’ve dismissed blatantly guilty employees that they’re exposed to potentially valid unfair dismissal claims. However, we often are and so it makes sense for us to set out the main

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26th February 2018
due process

Do you have to follow due process when dismissing an employee with less than 2 years’ service?

We can’t tell you how many times we’ve been asked this question…but it’s a lot! Therefore, we thought it was about time we put our answer down in black and white. First and foremost, it’s commonly known that employees need to have chalked up two years’ service in order to be able to claim ordinary unfair dismissal. That said if the disciplinary procedure is contractual and it’s not followed during the dismissal process, the employee could claim breach of contract.

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23rd February 2018
gender pay gap

How to produce a Gender Pay Gap statement

The Gender Pay Gap Regulations were introduced in April 2017, and required large private and voluntary sector employers (i.e. those with 250 employees or more) in England, Wales and Scotland to take a snapshot of pay and bonuses as at 5 April 2017 (31 March 2017 for public sector organisations), then publish a report on their own and government websites within 12 months indicating the differences between the average pay and bonuses of male and female employees, as well as

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23rd February 2018
maternity leave

Redundancy, pregnancy and maternity leave

Redundancy consultation for pregnancy and maternity leave – How should an employee on maternity leave be treated in the context of a pending redundancy exercise? By and large, she should be treated the same as other affected employees. However, there were also certain areas where she should receive preferential treatment. Under Section 18(6) of the Equality Act 2010, the period from the beginning of pregnancy to the end of maternity leave (ordinary and additional) is defined as a ‘protected period’

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19th February 2018
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

Tips on working in high temperatures

It seems like summer has finally arrived and with this spell of unusually fine weather comes the time-honoured problem of working in high temperatures. Looking at the legislation, you may be surprised to learn that whilst a minimum temperature is referred to in the Workplace (Health, Safety and Welfare) Regulations 1992, no reference is made to a maximum temperature. However, there are some key issues that employers need to be mindful of in order to maintain employee safety and wellbeing,

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8th 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
shared parental leave

Is shared parental leave flexible or a failure?

On Father’s Day we show our appreciation of fathers past, present and future. A father’s role in the nuclear family is equally as important as the mother, however the take up of shared parental leave in the UK is at an all time low. The Department for Business believes only 2% of couples welcoming a new child share the responsibility of caring for the child during the first year of its life. Current rules on shared parental leave Parents can

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8th January 2018