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A step by step Guide to Dealing with a Disciplinary Procedure
The following advises on how to handle a potential disciplinary situation.
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A step by step guide to dealing with a Grievance
Even in well- run Companies there are disagreements, and a grievance procedure is the means by which employees can discuss matters that are giving them cause for concern.
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ACAS Arbitration Scheme
The Acas Arbitration Scheme provides an alternative to an Employment Tribunal hearing and aims to solve disputes outside of court in much shorter time scales.
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Age Discrimination Regulations
Regulations prohibiting Age Discrimination in employment and vocational training came into force in October 2006. Note, changes to the Retirement process will be forthcoming in April and October 2011.
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Can An Employee Cross-Examine Witnesses At A Disciplinary Hearing?
Santamera v. Express Cargo Forwarding [2002] Miss Santamera was dismissed for gross misconduct following a disciplinary hearing regarding bullying fellow colleagues.
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Case Study - Is it David or Diane?
The practices of cross-dressing and gender re-assignment are protected by the Sex Discrimination Act and Employment Equality Regulations and therefore demand equal treatment and non-discrimination on these grounds.
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Case Study - TOIL or Travel Time?
Jill is a manager of a sales department. The majority of her staff are expected to travel to client meetings, sometimes outside of their working hours.
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Compromise Agreements
Compromise Agreements are normally used when employment is being terminated on terms agreed by both the employer and employee and where the employee receives a settlement payment.
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Constructive Dismissal
This dismissal is defined by the Employment Rights Act 1996, where it confirms that an employee may terminate the contract either with or without notice by reason of the employer's conduct.
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Data Protection - Retaining Records
Personnel and other related records have a limited storage time under the Data Protection Act, before they become obsolete and have to be destroyed. It is essential to put a regular audit process in place to facilitate this.
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Data Protection Act
The Data Protection Act 1998 (the Act) came into force on March 1 2000 and replaced the Data Protection Act 1984. The Data Protection Act aims to provide guidelines to Employers on the use and storage of information and data they hold on their employees
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Data Protection Act - Code of Practice Part 3 Monitoring at Work
The Data Commissioners have produced four codes of practice to provide employers with guidelines to follow this difficult piece of legislation. Part three provides employers with guidelines for dealing with Monitoring at work.
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Data Protection Act and CCTV footage
In the pursuit of fighting crime and terrorist activity, CCTV is becoming increasingly commonplace both in public places but also in the workplace.
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Data Protection Code - Frequently Asked Questions
The Code is intended to assist employers in complying with the Data Protection Act and to establish good practice for handling personal data in the workplace.
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DDA Amendments - Actions for Companies
The Disability Discrimination Act was amended with effect from October 2004 to include previously excluded sections, including policemen and companies with less than 15 employees. The expectation to make adjustments has been increased and the new Regulations specifically includes harassment.
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Disability Discrimination (Amendment) Regulations 1995
The Disability Discrimination (Amendment) Act 1995 Regulations came into force on October 1, 2004. This article explains the areas of the Act that were reviewed, amended and also those that were introduced at the time.
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Disability Discrimination Act 1995
Details of the Disability Discrimination Act and suggested actions to take in order to comply with the Regulations.
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Employed or Self-Employed
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Employment Equality (Religion or Belief) Regulations 2003
Since December 2, 2003 it has been unlawful to discriminate against workers because of religion or similar beliefs.
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Employment Equality (Sexual Orientation) Regulations 2003
The Regulations make it unlawful to discriminate on the grounds of sexual orientation.
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Employment Tribunals
Employment Tribunals (ETs), formerly known as Industrial Tribunals, are a judicial system set up to make decisions on employment disputes.
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European Works Councils
The Transnational Information and Consultation of Employees Regulations 1999, which deals with the establishment of European Works Councils, came into force in the UK on the January 15 2000.
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Fair And Unfair Dismissal
Legislation concerning unfair dismissal was first introduced in the Industrial Relations Act and subsequently re-enacted in the Trade Union and Labour Relations Act (TULRA) 1974. It is now contained within the Employment Rights Act 1996.
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Fixed-Term Employees Regulations
Fixed Term Employees have certain rights following the introduction of the Fixed Term Employees Regulations in October 2002.
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Holidays
The Working Time Regulations 1998 established the basis for paid annual leave and the amount of entitlement was increased by the Working Time (Amendment) Regulations 2007 which came into effect on 1st October 2007.These Regulations increased the holiday entitlement, originally to to 4.8 weeks, with effect from that date and have since increased them to 5.6 weeks. Read on for more information.
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HR Update - Bullying and Harassment
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Human Rights Act
The Human Rights Act came into force on 2 October 2000 and gives all individuals what they refer to as 'Convention Rights'. The right to privacy and freedom of expression are among the rights that impact employment and further complicate disciplinary investigations and other Acts like the Data Protection Act for example.
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Industrial Action Ballots
This Code of Practice was introduced on September 18 2000 under the Employment Relations Act 1999. It provides trade unions and employers with practical guidance on how to conduct a trade union industrial action ballot. The code is not legally binding and therefore does not have to be followed. However, in an Employment Tribunal the provisions of the Code are admissible in evidence and could be taken into account in reaching a decision.
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Information and Consultation of Employees Regulations
The ICE Regulations give employees in larger undertakings (of more than 50 employees) the right to be regularly informed and consulted about issues in the organisation they work for.
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Managing Employee Data
There is an increasing demand on employers to retain, maintain and provide information on employees, both from an organisational perspective and also external sources. The storage of such data should be secure and yet accessible.
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Mobilisation of Reserve Forces
What can employers do if they employ Reserve Forces who are mobilised? Mobilisation is the process of calling out or recalling Reservists to work alongside Regular Forces when certain circumstances prevail. These circumstances are laid down by law in the Reserve Forces Act 1996 (RFA 96).
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Part-Time Workers Regulations
The Part-time Workers Regulations came into effect on 1 July 2000, and are designed to ensure that Britain’s six million part-timers are not treated less favourably than full-time workers.
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Race Relations (Amendment) Act 2000
The Race Relations (Amendment) Act 2000 strengthened (it did not replace) the Race Relations Act 1976.
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Race Relations Act 1976
The Race Relations Act 1976 section 3 prohibits discrimination against a person on the grounds of colour, race, nationality or ethnic origins.
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Recognition Of Trades Unions
The Employment Relations Act 1999 places procedural requirements and standards upon Trade Unions who wish to undertake to bargain on behalf of employees. Employers do not have to recognise a Union based on the request alone, however, there are obligations they must fulfil.
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Rehabilitation of Offenders Act 1974
This Act enables some criminal convictions to become 'spent' after a rehabilitation period. Once a conviction is 'spent' an employers may not refuse to hire an applicant, dismiss or disciplinae an employee on the same grounds as the conviction.
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Right To Accompaniment
Since 2000 workers have had the statutory right to be accompanied at a disciplinary or grievance hearing. This right to representation was implemented under the Employment Relations Act 1999.
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Right to Work in the UK
Employers who recruit an employee who does not have a right to work in the UK are committing an offence under the Asylum and Immigration Act 1996. Under the Act there are a number of documents an employer can check in order to determine if a person has the right to work in the UK.
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Sex Discrimination Acts 1975/86
The Sex Discrimination Act was introduced to ensure that people are not treated less favourably or harassed on the grounds of their gender in the course of employment, this includes pre employment.
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Statutory Rates
For the current rates of SMP, SSP, National Minimum Wage etc, click here
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Summary Dismissal
Summary dismissal may occur when an employee acts in such a way that their actions will constitute a serious breach of the contract.
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Time off for Jury Service
All employees aged between 18 and 70 (other than those disqualified or exempted) are liable for Jury Service.
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Tips on Managing Employee Data
Managing your employee data properly will improve the efficiency of your business, help reduce employee grievances and help you meet your legal obligations under Data Protection legislation.
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Transfer of Undertakings (Protection of Employment) - TUPE
Organisations involved in acquisitions, mergers or outsourcing will need to be mindful of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE).
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Vicarious Liability for Discrimination At Work
Discrimination at work is illegal and the burden lies on the employer to take all reasonable steps to prevent its occurence. Discrimination claims are independent to length of service and number of employees. With compensation levels uncapped no employer can risk not understanding the implications of these laws at work.
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Whistleblowing
Who is protected when someone wants to 'blow the whistle'? There are circumstances when an employee has the right and the protection to blow the whistle.
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Working Time Regulations
The Working Time Regulations 1998 came into force in the UK on 1 October 1998 and the Amendments Regulations took effect on December 17 1999.
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Wrongful Dismissal
A complaint of wrongful dismissal is very different to that of unfair dismissal which is based on statute. Wrongful dismissal arises from contract law which is based on the common law.
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