As we count down to the New Year, let’s remind ourselves of 2015’s key judgments. They include cases on: whistleblowing, working time, annual leave during sickness absence, holiday pay, disability discrimination, redundancy consultations, recruitment, and the role of HR in disciplinary proceedings.
1. HR’s role in disciplinary proceedings
In Ramphal v Department for Transport it was held by the Employment Appeal Tribunal (EAT) that a dismissal will be unfair if the decision to dismiss an employee is improperly influenced by HR. Thus, HR should refrain from lobbying managers to reshape their view on culpability and limit their advice essentially to questions of law, and procedures and processes.
2. Right to be accompanied: a new type of claim?
It was held by the … more
The employment tribunal in Westlake v ZSL London Zoo held that two zookeepers who got into a fight at London Zoo's Christmas party should have received the same disciplinary sanction.
Ms Westlake got into a fight with a colleague, Ms Sanders at a work Christmas party. The fight appeared to originate over another zookeeper Mr Davies, Ms Sanders’ former boyfriend who was by then dating Ms Westlake. Ms Sanders face was slashed with a wine glass by her colleague Ms Westlake.
The Zoo dismissed Ms Westlake and issued a final written warning to Ms Sanders as well as banning her from work related social events. Due to factual disputes as to how the incident was initiated, the Tribunal concluded that both employees should have been given the same punishment and therefore ruled that Ms … more
Tis the season to be merry and let your hair down, however to ensure that you do so without exposing your business to tribunal proceedings, follow our top ten tips:
1. Policy on workplace social events
As a matter of good practice, you should ensure you have a policy relating to conduct on work related social events. This would assist in the event that you (a) need to take any disciplinary action and/or (b) need to investigate any discrimination allegations.
2. Communicate policies relating to conduct
• Ensure managers review and understand any policies relating to Christmas parties or work related social events.
• You should also consider issuing a statement to employees reminding them of conduct expected during any work related parties.
3. Take any … more