So having made a “right to disconnect” for workers a manifesto promise pre-election, the new government must now do the less glamorous work of turning a political sound-bite into actual law. Early reports are not promising – they suggest a requirement to agree a code of conduct with your workforce in relation to out-of-hours contact, … Continue Reading
Last month the BBC reported the Employment Tribunal’s decision that it was fair to dismiss a Mr Doffou for gross misconduct because he had not paid for a handful of bags he packed his shopping in after his shift. Mr Doffou had been happily employed at Sainsbury’s in Romford for nearly 20 years when given … Continue Reading
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
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
The law is not an exact science, and employment law among the least of all. The test supposed to be used by the Employment Tribunals to determine the fairness of a dismissal is whether it falls “within the range of reasonable responses”, so potentially allowing for a whole variety of right answers to the basic … Continue Reading