Author Archives: alison

Grievance Procedure: Part 3 Gathering the Evidence & the Investigation Report

How do I gather grievance evidence & put together the report? The final part of the grievance investigation is gathering the evidence and producing your conclusions. In this post I deal with what you need to know to complete the grievance. Gathering the Evidence The grievance investigator will need to obtain all the evidence in […]

Dismissal of a Grievance & Constructive Dismissal

Can the failure to uphold a grievance lead to a claim for Constructive Unfair Dismissal? In this recent case decided by the Employment Appeal Tribunal the issue of grievances and constructive dismissal was dealt with and the case provides some useful points to take away for when you are dealing with grievance issues. The Law […]

New Guidance for Employers on E-Cigarettes

  The use of E-Cigarettes at work Public Health England has published new guidance on the use of e-cigarettes in public places and workplaces. It recommends that employers: • Make clear the distinction between vaping and smoking • Ensure that policies are informed by the evidence on health risks to bystanders. It says that the […]

Reporting of Cases in the Employment Tribunal

  Newspaper can report on employment claim against Sir Elton John In most cases in the Employment Tribunal members of the public are allowed to attend to watch and they are also open to the press. In a case brought against Sir Elton John by a former employee who was claiming unfair dismissal and sex […]

Unfair Dismissal: The reasonableness of a misconduct dismissal

Can an employee be fairly dismissed for failing to disclose a relationship with a sex offender? In this recent case decided by the Court of Appeal another very sensitive issue was considered and the reasonableness of a dismissal analysed in an unfair dismissal case where the employee failed to disclose the conduct of someone associated with her. The […]

Grievance Procedure: Part 2 Investigation Meetings & Grievance Hearings

How do I deal with investigation meetings and grievance hearings? For the person who has been allocated responsibility for investigating the grievance it can be a difficult process, and many investigators I have spoken to find grievance investigation meetings particularly hard. Grievance hearings will be with the employee who raised the grievance originally and any […]

Unfair Dismissal: Some other substantial reason for dismissal

The fairness of a decision to dismiss for Some Other Substantial Reason In this recent case decided by the Employment Appeal Tribunal dismissal for some other substantial reason was considered in the context where the employer alleged there had been a breakdown in trust meaning that the employee could no longer be employed. The Law […]

Protected Conversations & the Without Prejudice rule

When can negotiations with an employee be used as evidence? Employers now have two ways in which they can have frank discussions with employees to try to settle disputes, either before they arise or after they have arisen. In this recent case the admissibility of evidence from settlement negotiations was discussed, and provides some useful reassurance for employers. […]

Brexit and Employment Law

Brexit and the effect on Employment Law & Immigration Many Employers are already raising concerns about their workforce and the impact of Brexit on employment law. For Employers who have a large workforce of EU employees who are not UK nationals the position is uncertain, and certainly those individuals I have spoken to are understandably […]

Reasonable Adjustments for Disabled Employees

Is an expectation that a disabled employee work long hours discrimination? The Employment Appeal Tribunal has held that an expectation that an employee (who had been involved in a serious accident which resulted in him having difficulty in working late in the evening) work long hours was a provision, criterion or practice for the purpose […]

When is a dress code ban discrimination?

Is a dress code ban which prevented a Muslim woman from wearing a headscarf at work discrimination?  In a recent case which has been referred to the European Court of Justice by the Belgian Courts the question of discrimination and dress code has been considered at length and provides some useful information to consider. The […]

Indirect Discrimination: religion and belief

Considering comparators with regards to Indirect Discrimination In this case, dealt with by the Employment Appeal Tribunal, unusual issues led to consideration of indirect discrimination with regards to religion and belief. The Law The Equality Act 2010 provides protection from discrimination due to various ‘protected characteristics’ one of which is religion or belief. In respect […]

The High Court orders destruction of confidential information

In an interim application a High Court Judge has ordered that former employees must delete confidential information In a recent case decided by the High Court the important issue of confidential information was considered and an interesting outcome for employers to consider. The Law All employees have an implied term in their contract of employment […]

Privacy at work and the Human Rights Act

An employee had no expectation of privacy regarding emails sent to work colleagues The Employment Appeal Tribunal has held that an employee had no reasonable expectation of privacy in respect of emails sent to a work colleague, with whom he had had a relationship, and photographs on his iPhone. The Law The Employer in this […]

Constructive Dismissal: Leeds United FC Case 2016

Constructive dismissal & offers to settle In a recent case decided by the High Court the question of whether an employee, who tries to negotiate a settlement and then subsequently resigns, can make a claim for breach of contract was considered. The Law Constructive dismissal arises where the employer does not dismiss the employee but […]

When is an absence procedure contractual?

Procedures, Handbooks & incorporation into your employee contracts There is a legal requirement to provide employees with minimum terms of employment, known as Section 1 terms. In addition an employer is required to have a disciplinary and grievance procedure in place or at least refer to such procedure in the Section 1 terms. In addition to the […]

Discrimination Arising from Disability

Flippant comments to your employees could result in a claim for disability discrimination   In a recent case decided by the Employment Tribunal the comments of a Director were considered by the Tribunal. The Law The Equality Act 2010 provides various protection for employees from discrimination if they have a disability including ‘discrimination arising from […]

Discrimination on the grounds of Religion or Belief

  Is it direct discrimination to discipline an employee for expressing their religious views to a colleague? In a recent case decided by the Employment Appeal Tribunal the rights of an employee to express their religious beliefs to a colleague who had not welcomed or requested such views was considered. The Law The Equality Act […]

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