Here are the last few questions – and our outline answers – from our recent webinar on Disciplinary Issues in the Workplace. What’s the best way to manage disputed notes from meetings, particularly where participants try to “re-write” history after the meeting? We share your pain – we have had numerous clients complain that employees … Continue Reading
Here are a few more of the questions – and our outline answers – following our recent webinar on Disciplinary Issues in the Workplace. In a large organisation, is it necessary to have consistency in decision-making across departments? Usually decisions vary depending on who heard the hearing. In short, yes. Ultimately if a matter ends … Continue Reading
Here are a couple more of the questions – and our outline answers – following our recent webinar on Disciplinary Issues in the Workplace. Can a disciplinary hearing be held in an employee’s absence? Yes, potentially, although this should usually be a last resort. As a general rule, disciplinary hearings should be conducted in person … Continue Reading
During our recent webinar on Disciplinary Issues in the Workplace, we received a number of questions via the chat facility that we will address in a few blogs over the next few weeks. First off, we have a couple of questions about bias and the independence of managers. Can a manager who witnessed an incident … Continue Reading
In our webinar last week we looked at the law around whistleblowing with particular reference to how what is now quite an old legal concept may be used for the best or worst of reasons by employees returning to the office. The good faith airings of concerns around gaps in the employer’s Covid precautions must … Continue Reading
In the first two posts in this series, I looked at the law around workplace attitudes which might stem from some form of disability. But what if your employee is fit and well in all respects bar being exceptionally painful to work with?… Continue Reading
Acas has been busy with its new guidance recently and so have the Employment team’s vacation students. Here is a cautionary piece on cyber bullying in the workplace by Simon Watts-Morgan. The unstoppable rise of social media and online networking has led perhaps inevitably to the emergence of a new type of workplace bullying – … Continue Reading
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
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
Stockbroker Rayhan Qadar caused something of a Twitter storm at the beginning of last week when he tweeted “Think I just hit a cyclist. But I’m late for work so had to drive off lol.” Within hours his tweet had gone viral and the local police had become involved, appealing for any victims to come … Continue Reading
If an employee is unfairly treated in the course of an internal investigation, grievance or disciplinary procedure and suffers depression as a result, will the employer be liable? Only if the depression were a foreseeable result of the unfair treatment, said the Court of Appeal last month in Yapp -v- Foreign & Commonwealth Office. That … Continue Reading
Some generally reassuring guidance for employers from the Court of Appeal this month concerning the level of certainty required to legitimise the starting of formal disciplinary proceedings. Dr Mian worked at Coventry University when accused of complicity in the provision of falsely favourable references for a former colleague. A preliminary investigation was carried out by … Continue Reading
The recent impasse between Kevin Pietersen and the English Cricket Board has led to much wailing and gnashing of teeth in those sectors of society who care about these things. In particular, a significant proportion of the sporting press seems convinced that England’s attempts to regain its status as the number one cricket team in … Continue Reading
Would be grateful for your help on this one, please. On its first day live, we are delighted to see our new Employment Law Cloud app rocket up the rankings to a terrific 11th place in the iTunes app store business section. Now we just need to get it into the Top Ten, which is … Continue Reading
The great British Summer has come and gone once more (one morning last week, I think, but I may have missed it), still no British winner at Wimbledon and only England’s cricketers striking a jarring note by actually winning something. So what else is new? Every cloud has a silver lining, and Squire Sanders Hammonds … Continue Reading
