Employers investigating alleged misconduct at work may be entitled to take into account previous misconduct if it is relevant background information, even if that misconduct did not result in disciplinary proceedings.
Employers should not suspend employees as a first reaction to a potential disciplinary matter, and only after an appropriate initial investigation, and after the employee is given opportunity to respond to the allegations - particularly where the employee’s job is vocational, a recent ruling makes clear.
Employers should ensure their policies, staff training, etc, make clear to employees that they must not post derogatory or insulting comments on public social media (or elsewhere) about their employer or colleagues, otherwise they may face disciplinary action - even if the posts were made several years ago.
The Library provides full text access to a selection of key business and reference eBooks from leading publishers. eBooks are available to logged-in ICAEW members, ACA students and other entitled users. If you are unable to access an eBook, please see our Help and support advice or contact firstname.lastname@example.org.
A clear email policy helps prevent timewasting, protects data security and minimises the risk of legal problems. As well as setting out how employees can use email, the policy should cover any email monitoring you intend to carry out.
Employment law is a complex area that is full of pitfalls. Getting it right means keeping in touch with developments, thinking out your policies and implementing them with care. Getting it wrong could be extremely expensive.
Good procedures enable you to deal with disciplinary and grievance issues consistently and fairly, with a view to sorting them out before they become serious. Fair and transparent procedures are also vital to help you avoid potential accusations of unfair dismissal.
Does a new tribunal decision mean expired warnings are past their "use by" date?
The author examines issues related to expired warnings for employee misconduct. He discusses the case Diosynth Ltd. v. Thomson wherein the company dismissed an operator at its chemical processing plant in relation to an explosion that led to a fatal accident after failing to conduct a safety process, four months after the expiration of a warning he received for failing to conduct the same safety process. He also analyzes the Scottish Court of Session's unfair dismissal decision on the case.
Do you hate your boss?
At least half of all employees have quit a job at some point because of their supervisor. People complain of bosses who bully them, micromanage, steal credit, hoard information, and otherwise make them unhappy—which threatens their productivity and the organization’s success. But don’t despair if you don’t get along with your boss. This article lays out steps you can take to improve the situation: Practice empathy. Behavioral research and neuroscience suggest that being mindful of the pressures on your boss and responding empathetically can trigger reciprocal support. Examine your role. Consider how you might be contributing to a negative dynamic, and seek training or advice to help you change your behavior. Talk to your boss. Start by asking how you can improve your performance and the relationship. If that isn’t fruitful, launch a frank conversation about the dysfunction in your interactions. Go to HR. As a last resort—and only if you have evidence to show that your boss is unfit—file a formal complaint. Leave. If you see no potential for change, it’s probably time to start job hunting
Disparity of treatment: when is it lawful to treat employees differently for the same misconduct
The article discusses the lessons from cases where employees in an organisation were dealt with differently for the same types of misconduct. Topics covered include ways disparity of treatment can arise, the focus of the tribunal in deciding if a dismissal is fair, and questions to consider to help determine if the circumstances of a particular incident are parallel and whether treatment may be justified.
Can't find what you are looking for?
If you're having trouble finding the information you need, ask the Library & Information Service. Contact us by telephone on +44 (0)20 7920 8620, by web chat or by email at email@example.com.