Contents tagged with Accompanied

  • Choice of companion at disciplinary hearing: who can you have?

    Tags: Disciplinary Procedure, Employment Law, Employment Tribunal, Accompanied

    It is fair to say that when it comes to the unfortunate business of disciplinary matters that a great many employers and employees are aware in advance as to the level of support an employee may have in the room during the relevant meeting(s).

    The statutory minimum provides that a work colleague or trade union representative may be brought in by the employee being disciplined as a companion, an officious note taker and asker of questions that otherwise may not have been asked. Legally compliant employment contracts and disciplinary policies generally echo this position of course.

    There are however occasions where individuals find that they are without either the support of a trade union or an appropriate colleague. In such circumstances we often get the common question as to can the … more

  • Disciplinary and Grievance hearings and the right to be accompanied

    Tags: Employment Law, Employment Tribunal, Grievance Hearings, Disciplinary Hearings, Companion, Accompanied

    A common topic that is consistently put to employment lawyers, both by employers and employees, is who can attend a disciplinary or grievance hearing as an employee companion?

    This question is generally then followed by a description of an unusual request for an employee’s neighbour, mother, long-lost cousin or dog-walker to accompany them to their hearing. An employer is free to concede to such requests if they are ‘reasonable’ and most commonly where it is likely to aid in the smooth running of the hearing.

    The specific legislation (section 10 of the Employment Relations Act 1999 “ERA 1999”) does of course provide only for a trade union official or co-worker to accompany an employee in such hearings.

    What then is the position when an employee is refused … more

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  • Can You Make An Employee On Maternity Leave Redundant?

    Tags: Redundancy, Maternity Leave, Redundancy Pay, Notice Pay, Employment Law, Employment Tribunal, Statutory Maternity Pay, Pregnancy and Maternity Discrimination

    Employees on maternity leave have special legal rights and protections and so before making such employees redundant you must tread very carefully and be aware of the following five things. Otherwise you could risk facing a costly claim.

    Genuine Redundancy Situation

    You must be able to prove that there is a genuine need to reduce your headcount. If the real reason you want to dismiss your employee is because she has had a baby or is on maternity leave, you will be discriminating against her and could face a discrimination claim.  So, you must have evidence to prove why you need to make redundancies.

    Fair Selection Process

    You must choose who you are going to select for redundancy fairly and reasonably. This means you must choose a reasonable selection pool and apply fair, … more

    

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