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15 April 2016: Religious Views and the Workplace: In Wasteney v East London NHS Foundation Trust, a junior employee who happened to be Muslim, complained that her manager was ‘grooming’ her by praying with her in one-to-one’s, laying hands on her, … Continue reading
18 March 2016: Falsely Claiming Sickness Absence: It’s common for employees in some organisation to falsely claim sick leave, whether it’s to receive a delivery, because their team won the night before, or because of their child’s dental appointment. Does this … Continue reading
15 January 2016: Reading Staff Email. A snoopers charter? Under the Regulation of Investigatory Powers Act 2000 (RIPA), employers can lawfully monitor staff email if the employer has reasonable grounds to believe that both the sender and the recipient … Continue reading
26 June 2015: Procedure and Disciplinary hearings: In Adeshina v St George’s University Hospitals, the EAT decided that neither procedural flaws in the disciplinary hearing, nor breach of the ACAS Code regarding the appeal panel, resulted in Ms Adeshina’s dismissal being … Continue reading
12 June 2015: Alcohol & Work: What do you do if your employee turns up at work smelling of alcohol? That was the issue in the Tribunal case of McElroy v Cambridgeshire Community Services NHS Trust reported this week, in … Continue reading
15 May 2015: Whether to Suspend a Disciplinary hearing to hear a Grievance first: It is quite common for employees to submit grievances in response to disciplinary proceedings. Sometimes this is done strategically to slow down the disciplinary process. In … Continue reading
13 March 2015: Updated ACAS Code & the Right to be Accompanied The updated ACAS Code of Practice on Disciplinary and Grievance Procedures plus non-statutory guidance came into effect on the 11 March 2015. Amongst other things the updated code … Continue reading
20 February 2015: How much investigation is appropriate in disciplinary proceedings? In Shrestha v Genesis Housing Association Ltd, the Court of Appeal held that an employee was fairly dismissed after an investigation revealed that he had claimed mileage in … Continue reading
9 February 2015: Gross Misconduct Employers can dismiss summarily for gross misconduct, but have to carry out a reasonable investigation and a fair procedure before doing so. In the case Brito-Bapapulle v Ealing Hospital NHS Trust (Court of Appeal), … Continue reading
25 July 2014: Can an employer convert a disciplinary warning to dismissal on appeal? Not unless the policy expressly says so, was the answer in the Court of Appeal case of McMillan v Airedale NHS Foundation Trust. A contractual … Continue reading
31 January 2014: Niggles and Irritants at Work: According to a survey reported in the Metro Newspaper this week, the biggest causes of disputes between colleagues are: Booking annual leave (35%) Stealing from the office fridge (25%) Taking a … Continue reading
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