Contents tagged with Disciplinary process
I think everyone would agree with me when I say that the floods that have hit parts of Yorkshire have been devastating. However problems arise when employees come into work late or cannot physically get into work due to disruptions with transport, school closures and severe weather warnings. This situation gives rise to the following questions:
1. What are the rights of employees and
2. How can employers ensure that they apply a fair policy given the circumstances of an individual and taking into account their business needs.
Here’s a guide to help you all get it right.
What rights do employees have if they cannot get into work?
If employees cannot genuinely get into work due to floods (our current adverse weather condition) then employers should not try to … more
Unfair dismissal claims, remain to be the most common types of claims pursued in Employment Tribunals (ET), so here are 5 tips to ensure that any dismissal is fair:
1. Always follow the ACAS Code relating to disciplinary procedures which requires you:
• Carry out a careful and fair investigation of the issues;
• Inform your employee of the issues of concern in writing setting out a date for a disciplinary hearing and informing them of their right to be accompanied;
• Conduct a disciplinary hearing, ensure minutes are taken and agreed;
• Allow your employee a reasonable opportunity to ask questions, present evidence and call witnesses (if appropriate);
• Inform your employee, in writing, of the disciplinary outcome and provide them with the … more
Observant readers will recall that back in August 2013 we reported on the highly pertinent issue of an employee’s right to be accompanied to a disciplinary or grievance hearing. The case illustration was that of Toal v GB Oils Ltd which considered the position when an employee is refused their first choice of companion. The Employment Appeals Tribunal (“EAT”) decided this would amount to a breach of the statutory right to be accompanied under section 10 of the Employment Relations Act 1999.
The question of whether a worker’s right to be accompanied is limited only by the reasonableness of their request was recently raised again as to whether the Toal decision was correct.
A separate division of the EAT found that the Toal decision was the correct approach in … more
No industry likes the chaos and anarchy the word TUPE brings. Most employers are aware that employees from OldCo transfer to NewCo on the same terms and conditions, however does this also mean that an employee pending an appeal from dismissal also transfers to NewCo?
The Employment Appeal Tribunal (“EAT”) recently dealt with this interesting issue in Bangura v Southern Cross Healthcare.
Here the relevant employee worked in a care home operated by Southern Cross Healthcare where she was dismissed for gross misconduct around six weeks before the care home transferred to Four Seasons Healthcare. At the time of the transfer Ms Bangura had an appeal pending against her dismissal though the result was as yet underdetermined.
The original Employment Tribunal (“ET”) … more
It is common practice for disciplinary warnings to remain active in an employee’s personnel file for a period of 12 months. Any further warnings during this period may lead to the higher sanction of dismissal depending on the type of misconduct committed.
The question which arises for employers is how to deal with an employee who has an allegation of misconduct held against them in the light that they have had an earlier written warning. The Employment Appeals Tribunal (EAT) in Wincanton Group v Stone have provided guidance for tribunals dealing with this issue.
Mr Stone, a lorry driver, was dismissed from the company following a serious driving accident, on the back of a written warning which was for a refusal to obey a lawful management order.
The management (both … more
I know it may only seem as though it was yesterday that I was informing everyone on the consultation about the employment tribunal but I can assure you that it was last month! So I thought for those of you who are following the reforms I would provide you with a short summary of the proposal by Business Secretary Vince Cable on 14 September. He announced further steps to reduce employment law in his vision to give business owners/managers more flexibility in managing their workforce.
The package put forward on the 14 September 2012 came from the response from businesses to speed up the process for ending an employment relationship (for both employer and employee) when it breaks down (if you have not been following the employment law reforms you may find it useful to read the following … more