Email Demonstrating Desire To Dismiss Protected By Litigation Privilege An email between an HR consultant and an employer suggesting a pre-determined decision to dismiss has been held by the EAT to benefit from litigation privilege and not fall within the
Tribunals often pay close attention to the notes that were taken during the investigation, hearing and appeal. The ACAS Code of Practice on Disciplinary and Grievance Procedures doesn’t specify what information should be included in formal records of meetings.
Read my Top Tips to getting it right, including: choosing a note taker, what should be recorded and agreeing and distributing the notes.
The Statutory Right To Be Accompanied At A Disciplinary or Grievance Meeting Employees and workers have a statutory right to be accompanied when they are asked, by their employer, to attend a disciplinary or grievance meeting. The person who accompanies
What Is A Grievance? What is a Grievance? A grievance is when an employee has a problem or concern about their work, physical working environment, pay and benefits, working hours, health and safety, working relationships or general treatment at work
If the employee resigns after disciplinary proceedings have been commenced and does so with immediate effect, their employment will terminate. There is therefore little point in continuing a disciplinary procedure in respect of an employee who is no longer employed, as no disciplinary sanction can be imposed against a former employee.
In some cases, it may be appropriate for you to suspend an employee from work pending the completion of an investigation. However, given the serious implications of suspension for an employee, including for his or her morale and professional reputation, you must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.
Read my Top Tips to suspending an employee and download my template letter to confirm a period of suspension.
The Role of the Disciplinary Hearing When faced with a potential disciplinary matter your next step will be to arrange and conduct a disciplinary hearing to allow the employee to formally respond to the allegation(s). The disciplinary Hearing is part
Six British fans were jailed for between one and three months on Monday, 13 June for their part in the Marseille violence, while on Tuesday, 14 June 24-year-old Birmingham City supporter Daniel Warlow was given a five-year football banning order for his part in the disorder on Friday, June 10.
Read my Top Tips to what options you have if an employee is detained in police custody due to alleged football hooliganism and is unable to attend work?
Parliament has approved amendments to the new Acas Code of Practice on Disciplinary and Grievance Procedures.
The amended ACAS Code clarifies that the reference to a “reasonable” request applies to the making of the request not to the worker’s choice of companion.
The introduction of the ACAS Code of Practice, in 2009, made investigations in both disciplinary and grievance matters critically important prior to a formal hearing.
Read my Top Tips to managing a disciplinary investigation.