Asif v Elmbridge Borough Council FACTS Ms Asif was employed as an IT helpdesk administrative officer by Elmbridge Borough Council. There were two other employees with the same job and another with a similar position. A further similar position wa  More...
03 December 2012 00:01

Providing employees with the opportunity to appeal against a disciplinary decision is an important part of a fair disciplinary procedure. While there is no statutory right to appeal a disciplinary penalty, it is included in the Acas code of practice  More...
18 October 2012 12:17

There are circumstances when both employees and employers may want to record formal meetings, for example in the hope that this supports their position should a claim be raised in the future. Employment lawyer Hayley Johnson considers the extent to whic  More...
02 October 2012 10:51

If, following a thorough investigation and a fair disciplinary hearing , an employer concludes that disciplinary action is needed, it should ensure that its decision on what sanction to impose is fair and reasonable in the circumstances.   More...
29 August 2012 16:30

When inviting an employee to a disciplinary or grievance hearing, the employer should inform the worker of his or her statutory right to be accompanied during the following hearing. Employers should ensure that they understand the rules on allowing a co  More...
23 August 2012 14:26

A reasonable investigation is a vital part of a fair disciplinary procedure. Taking time to establish the facts behind disciplinary allegations can help to ensure that employees feel they are being dealt with fairly and could ultimately save employers f  More...
02 August 2012 15:22

One of my employees has called to say that he's not going to be in for work - and won't be in for the next few days - due to the adverse weather. I know that he has young children who attend a nursery that might be closed, but he doesn't live that far a  More...
08 February 2012 15:39

Kay v Cheadle Royal Healthcare Ltd t/a Affinity Healthcare FACTS Mrs Kay was employed at Cheadle Royal Hospital as a deputy ward nurse for three years until her dismissal in October 2009. She worked on a ward with a staff nurse, Ms Thomas. The wa  More...
19 December 2011 00:01

In unfair dismissal claims, employment tribunals take the "Acas code of practice on disciplinary and grievance procedures" into account where relevant and may increase an award of compensation by up to 25% for an employer's unreasonable failure to   More...
17 November 2011 13:50

The results of a recent client survey by Brodies LLP on disciplinary hearings point to a clear difference between private and public sector approaches to disciplinary process. Employers in the private sector do not usually allow witnesses to attend  More...
31 October 2011 00:01

One of my employees has just sent the company's entire salary list to all our staff. This has caused uproar among my workforce. I accept entirely that it was accidental, but I still want to dismiss him. Will that be legally fair? One preliminary que  More...
31 August 2011 08:48

An appeal case is taking place this week that could have far-reaching implications for the way in which future disciplinary hearings take place. The case, R (on the application of G) v The Governors of X School , will be heard by the Supreme Court o  More...
11 April 2011 15:56

It has come to my attention that two of my employees may be having a romantic relationship. What should I do and be aware of? Should I have a policy on this sort of thing? Your first task is to work out whether this relationship is real (you refer o  More...
30 March 2011 12:22

This year brings a number of cases which could have a significant bearing on the employment law landscape. Here is a brief roundup of cases to watch out for in 2011. When are employees entitled to legal representation in disciplinary proceedings?   More...
14 March 2011 10:02

No employer wants to go through a discipline and grievance process - they are time-consuming, potentially costly and can damage employee relations and reputation as well as the bank balance. However, many employers find themselves having to deal with th  More...
02 March 2011 16:49

The Court of Appeal held last year that a consultant trauma and orthopaedic surgeon could pursue his claim for substantial future loss of income resulting from a breach of his employment contract, related to his employer's failure to follow its contract  More...
08 February 2011 11:02

One of my employee has been tweeting at work from her mobile phone, complaining about her job. However, the Twitter account doesn't have her name on it. I want to discipline her - do I have any grounds do so? Yes. Next question? Actually it is not q  More...
03 February 2011 09:36

With Christmas only three weeks away, Personnel Today and XpertHR present a seasonal feast of employment related questions, case studies and advice on everything from managing the office Christmas party to employing seasonal temps...   More...
02 December 2010 16:56

Snow, ice and extreme temperatures continue to plunge the UK into chaos, meaning that HR and employers have more people-related challenges than usual regarding: absence and attendance, pay, leave, health and safety and the rights of their staff.   More...
01 December 2010 15:54

One of my male employees was seen drinking vodka in the office toilets. He's since admitted to me that he has a drinking problem. How should I handle the situation? Can I sack him, or should I support him? This question raises both legal and practica  More...
19 November 2010 10:18