Archives: Disciplinary

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Recently-Released NLRB Advice Memo Favors Reversal of Precedent on Weingarten Rights For Non-Union Workers

On September 7, 2017, the National Labor Relations Board (NLRB or Board) released several advice memoranda issued previously by the Board’s Office of the General Counsel to local field offices.  Advice memos are used by the Board’s General Counsel to guide local offices on Board policy, and may serve to instruct the offices on a … Continue Reading

EAT says even expired warnings can be taken into account when dismissing an employee. Sometimes.

In Stratford v Auto Trail VR Ltd the EAT held that an expired warning can be taken into account when considering whether a dismissal was fair or unfair under s98(4) Employment Rights Act 1996. Mr Stratford had the sort of disciplinary record which requires real commitment (17 incidents in less than 13 years). The most … Continue Reading

Employer representatives at French pre-dismissal meetings should be chosen carefully to avoid a finding of procedural irregularity

This is already established case law but sufficiently unusual as an issue that worth the reminder to employers with operations in France. The French Labour Code expressly provides for an employee to be accompanied by a colleague or in some cases by an appointed external advisor (mentioned on a list held by the Labour Inspector … Continue Reading
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