Grievance

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Pre-nups in employment contracts – not a marriage made in heaven (UK)

In its judgement in Zabelin -v- SPI Spirits and Shefler this month, the Employment Appeal Tribunal has offered a refresher course on some important questions around protected disclosures, contracting out of statutory rights and when the Acas Code applies. The background facts are relatively simple. Zabelin worked for SPI which is owned by Mr Shefler. … Continue Reading

Belgium – “Who you gonna call?” — appointment of a person of trust mandatory as of 1 December

While some are already hanging up the Christmas decorations and squeezing back into their Christmas jumpers, the Belgian legislator has picked the festive season to introduce a number of new measures relating to well-being in the workplace. We will discuss these measures in a series of blogs. The first measure holds that the appointment of … Continue Reading

Knew this would happen – entirely predictable problems with new working patterns Bill (UK)

Last week the government voiced its support for the new Workers (Predictable Terms and Conditions) Bill, the endeavour of MP Scott Benton to combat “one-sided flexibility”, where “workers are on stand-by for work which never comes”, it says in the BEIS press release.  This is a belated by-product of the Taylor Good Work Report in … Continue Reading

“All the right notes, but not necessarily in the right order” – previewing your investigatory record-keeping requirements (UK)

Nearly 700 sign-ups for our workplace investigations webinar earlier this month gives a clear indication that this once relatively unfashionable area of HR law and practice is very much dish of the day at the moment, so from the first ten parts on this blog in December-February, now seems the time to move on to … Continue Reading

Constructive criticism – last straw dismissal decision overturned by EAT (UK)

Every so often there comes along a case which is not madly interesting on its own facts (stay with me here) but which still serves as a useful future touchstone on a particular issue. If your particular interest is constructive dismissal, and in particular, constructive dismissal through the route of the proverbial last straw, then … Continue Reading

Looking into workplace investigations, Part 7 – the inclusivity imperative (UK)

The increased spotlight upon D&I matters which seems to be replacing covid as our clients’ dish of the day shines upon investigations too.  How you investigate employees’ disclosures or complaints (especially but by no means necessarily, of discrimination or harassment) can make a considerable difference as to how those employees and others sharing their protected … Continue Reading

Looking into workplace investigations, Part 6 – preparing the statutory defence (UK)

Once you have done all the scoping out and refining of allegations you can before starting your investigation, there will come the point where you have to raise the allegations made with the people they are made against. If the allegations are false, those people will be very angry.  If they are true, they will … Continue Reading

Looking into workplace investigations, Part 5 – seeking truth, justice or resolution? (UK)

Decades of presenting employment law training have taught me that if you ask seasoned HR audiences what they think employees usually want from a grievance, they will generally lie.  “Justice“, someone will mutter uncomfortably, or “for the truth to come out”, “a better relationship with their manager” or “to correct a wrong“, all straining every … Continue Reading

Looking into workplace investigations, part 4 – respecting the rights of bullies and harrassers (UK)

When drawing up your preliminary note of what you need to know as the product of your investigation, remember that the people being investigated have rights too.  Some we will come to later in this series, including confidentiality and a fair process, but the first and most fundamental part of a fair “trial” is knowing … Continue Reading

Looking into workplace investigations, Part 1 – what are you talking about? (UK)

Today we start a new series of posts tackling the vexed area of workplace investigations.  We will look at the background law, of which there is very little, and at best practice guidance, of which there is more than can possibly all be useful.  We will offer some examples of investigations done badly and consider … Continue Reading

Grievances and punishment – Is it enough to succeed, or must others fail? (UK)

If you look for the statutory source of the ordinary right to bring a workplace grievance, you may be gone some time.  It arose initially as a by-product of the implied duty of trust and confidence, and formally bubbled to the surface in WA Gould (Pearmak) Limited – v – McConnell in 1995.  There the … Continue Reading

Handling Grievances webinar follow-up questions, Part 2 (UK)

Here are two more questions from our grievances webinar last week and the headline answers: – Can some initial investigation with the “accused” prior to the meeting with the person bringing the grievance make that meeting more meaningful? – Some grievances are very vague on what exactly is being complained about.  Is the employer obliged … Continue Reading

Handling Grievances webinar follow-up questions, Part 1 (UK)

Over 700 people signed up to our Handling Grievances webinar last week, reinforcing our view that the return to the workplace (RTW) process is going to be a fertile breeding ground for such complaints by employees, some around new working conditions, some alleging health and safety failures and others just to vent minor unhappinesses and … Continue Reading

Legal Developments Webinar 23rd February – your follow-up questions answered, Part 3 (UK)

As attention turns increasingly to the practicalities of the physical return to the workplace in what may be little over 3 months, questions of employers’ rights and obligations in relation to testing and vaccination are becoming more common.  These are vexed areas which can easily put common interest into conflict with civil liberties.  Just how … Continue Reading
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